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The Cypriot Court of First Instance denied the extradition of a Chinese man wanted for economic crimes to China on 23 December 2022, following a prolonged legal battle between Beijing and the defence. The judge ruled that the extradition of Ma Chao would violate Article 3 of the European Convention on Human Rights (Echr) on torture and ill-treatment. Previous extraditions to China have been denied on the same argument (for example by Sweden's Supreme Court in 2019).
The court also said diplomatic assurances offered by the Chinese State were insufficient to persuade them that there were no risks to Ma's human rights. More strikingly is that the court also refused the extradition on the grounds of Article 5, because of the significant risk of arbitrary detention, and, for the first time by a European court, Article 6, which guarantees the right to a fair trial.
Safeguard Defenders provided an expert’s report on China's criminal justice system, and its director, Peter Dahlin, appeared for the defence at the hearing, as well as in cross-examination with the prosecutor, alongside several well-known experts in Chinese law. The judge declared all witnesses called to the stand as authoritative experts, the testimony between the different experts were consistent, and took note of the seriousness of the reports provided as basis for the testimony. The Chinese State sent a delegation to appear for the prosecution, including a professor of law who drafted China’s own extradition law, in an appearance that was counterproductive to say the least.
Two more Chinese nationals are currently awaiting conclusion of an extradition process in Cyprus - mother and son Wang Weidong and Yu Chunrong.
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