11 May 2023

Australian journalist Cheng Lei: 1000 days imprisoned in China for an unknown reason

6:13 am on 11 May 2023
Australian journalist Cheng Lei was arrested by state security officers in China in 2020

Australian journalist Cheng Lei, who is imprisoned in China. Photo: Supplied

By Stephen McDonell, BBC China correspondent

"One thousand days is a shockingly long time in detention," Nick Coyle says.

He is speaking about his partner, Australian journalist Cheng Lei, who remains in a Chinese prison. The details of the charges against her are still a secret and she has not been sentenced.

Like Cheng's other friends and family, Coyle said he still had no idea what she was supposed to have done to warrant this treatment.

"I would call upon the relevant authorities in China to resolve this awful situation as quickly as possible," he told the BBC.

Cheng Lei was working as a business reporter at China's state-run English language television station CGTN when she was suddenly grabbed by state security officers on 13 August 2020, and later accused of "illegally supplying state secrets overseas".

Her first six months were spent in solitary confinement, being placed in stress positions and, though being interrogated, with no access to a lawyer.

Since then, she had been held with other prisoners.

Her trial took place in March last year behind closed doors. Even Australia's Ambassador to China Graham Fletcher was denied entry.

But her sentencing has been postponed again and again.

Calls by the BBC to the Beijing Second Intermediate People's Court, where her trial was held, went unanswered.

Coyle - the former chief executive of the China-Australia Chamber of Commerce - has now left Beijing but continued to work from overseas for her release.

"I took China's ambassador to Australia, Xiao Qian, at his word in January when he expressed hope 'that a solution will come as soon as possible'," Coyle said. "Five months later we are still waiting".

Australian journalist with her partner Nick Coyle. Cheng was arrested by state security officers in China in 2020.

Australian journalist Cheng Lei and her partner Nick Coyle. Photo: Supplied

Another Australian who had been imprisoned following state secrets charges, Yang Hengjun, had also had his sentencing repeatedly postponed.

In China, what might be considered a "state secret" was a sweepingly general concept and could essentially be whatever the government wanted it to be.

For a country trying to attract international business investment back to its shores after years of extremely strict Covid-19 lockdown measures, the detention of foreigners for extended periods under an opaque, party-controlled legal system was proving to be a challenge.

Canadians Michael Kovrig and Michael Spavor were held under a form of hostage diplomacy, from 2018 to 2021, in response to extradition proceedings against Huawei's chief financial officer Meng Wanzhou.

They were released hours after the US extradition request against her was dropped.

Yet the pressure on foreign companies remained.

Six weeks ago, a Japanese executive from a pharmaceutical company was detained, and China's foreign ministry said he was suspected of carrying out espionage activities. In recent weeks, international corporate research firms had also been raided in China.

Many would-be foreign investors were weighing up the risks of remaining in China but also felt they could not ignore the obvious appeal of the country's massive domestic market.

Australia and China have had a rocky few years. Beijing placed sanctions on Australian wine, barley and lobsters. In a country with more than 5 percent of the entire population tracing their roots back to China, the tensions had been considerable.

Amidst all this friction, Cheng's case has drawn a lot of attention.

Over the years, the treatment of foreign passport holders with Chinese ancestry had been different to other foreigners when it came to detention in China: in short, much more strict.

However, if the Chinese government thought that Australians would be less concerned about Cheng Lei because she was ethnically Chinese, this had not been the case.

When she was picked up, her children were nine and 11. That they had not been able to see their mother all this time had resonated in Australia and beyond.

"Fair-minded Australians - from business to political leaders and in the general public - do not accept the status quo," Coyle said.

China's foreign ministry had tried to water down global concerns regarding the case.

At a regular press briefing, spokesman Wang Wenbin said: "China's judicial authorities have handled the case in accordance with the law, fully protecting Cheng Lei's legal rights."

On the second anniversary of her detention, he said that judgement would be passed "in due course". However, more than a year after her secret trial, there had still been no "judgement".

Australian journalist with her partner Nick Coyle. Cheng was arrested by state security officers in China in 2020.

Nick Coyle hopes the case will be addressed urgently. Photo: Supplied

Being charged with an offence in China almost certainly means losing. The official conviction rate is nearly 100 percent. Lawyers and supporters do what they can to minimise the punishment the accused might face under these circumstances.

When it comes to foreigners, their governments attempt to negotiate with their Chinese counterparts to secure the release of their citizens. This could sometimes involve deals.

The Chinese government would like to see a visit to Beijing by Australian Prime Minister Anthony Albanese later this year, to formalise a recent thaw in relations.

The cases involving Cheng Lei and Yang Hengjun could be used as bargaining chips by the Australian side to clear the path for this visit to take place.

The Australian government said it had raised their cases on many occasions.

Last week, while he was in London for the coronation, Albanese said during a television interview that "our position on China has been to engage constructively but to continue to put forward that the impediments to trade should be removed, to say very directly to President Xi, that Australians such as Cheng Lei need to be given proper justice, and that they're not receiving it".

It would not have gone unnoticed in Beijing that he mentioned Xi Jinping by name.

Much of Cheng Lei's career had been spent trying to build bridges between the country of her birth and the country her family moved to.

That her case had pushed China and Australia further apart was not something she would have wanted.

In the limited messages from her that were able to come out of the prison via monthly half-hour visits by Australian diplomats, one thing seemed to dominate: how much she missed her children and the extent of the pain she felt being away from them.

Coyle said her children, now 11 and 14, had been doing their best to grow up in Australia without their mum, but "for Lei and her kids' sake, I really hope a solution to all this can be found urgently".

-BBC

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