On Thursday, the Australian government slammed China for holding a “closed and opaque” trial of Australian journalist Cheng Lei, who was detained back in August 2020 after being accused of leaking state secrets. Although the Beijing Court deferred the verdict at the end of the proceedings, it remains unclear when the verdict will be announced.
In an official statement, Minister for Foreign Affairs Marise Payne said, “The Australian Government respects the sovereignty of China’s legal system. However, Ms. Cheng’s case has lacked transparency, and the Australian Government has never been provided with details of the charges.”
Foreign Minister Marise Payne statement on trial of Australian Cheng Lei in Beijing after court deferred its verdict. “Ms Cheng’s case has lacked transparency and the Australian Government has never been provided with details of the charges.” @9NewsAUS pic.twitter.com/yTPetcJRES
— Jonathan Kearsley (@jekearsley) March 31, 2022
The Beijing Court barred the Australian Ambassador Graham Fletcher and other Australian officials from attending the trial, as it involved “state secrets.” However, Fletcher pointed out that the consular agreement between Australia and China allows diplomats to attend trials of Australian citizens.
Speaking to reporters outside the courtroom, Fletcher said, “This is deeply concerning, unsatisfactory and regrettable. We can have no confidence in the validity of the process which is conducted in secret,” adding, “We have no information about the charges or allegations against Ms. Cheng. That is part of the reason why we’re so concerned, because we have no basis on which to understand why she’s been detained.”
Nevertheless, Fletcher said Australia would continue to advocate for Cheng’s rights and interests.
The trial of journalist Cheng Lei on charges of ‘disclosing state secrets’ ended with no verdict (or details). “We can have no confidence in the validity of the process, which is conducted in secret,” said #Australia’s ambassador who was denied entry to court. @NBCNews #China pic.twitter.com/Y03u9jxG22
— Janis Mackey Frayer (@janisfrayer) March 31, 2022
Payne also expressed concern over the Court’s decision to bar Fletcher, saying, “The continuing lack of transparency is concerning and further undermines confidence.”
Following Cheng’s trial, the Australian government also renewed its call for China to abide by “procedural fairness,” “basic standards of justice,” and “international legal obligations.” Additionally, Payne called on China to allow Cheng unrestricted access to her lawyer.
Furthermore, Payne said the government would continue to provide consular assistance to Cheng as per the “bilateral Consular Relations Agreement” and advocate for her rights, including her right to speak to her children in Australia. Cheng hasn’t been able to talk to her children since she was first detained in 2020.
Cheng, a Chinese-born Australian journalist, worked with Chinese state media CGTN before her detention in August 2020, when she reportedly disappeared from work and could not be contacted by family and friends. She was charged with indulging in criminal activities and endangering national security. She was thus placed in isolated detention, which rights groups say carries the risk of ill-treatment and torture. While she was detained, Cheng was also not allowed access to lawyers, family, or friends.
In February 2021, Cheng was formally arrested on espionage charges, but no formal details were released. After 19 months in detention, she was put on trial on vague charges of supplying state secrets.
However, her family claims that she’s innocent. In a statement to Reuters, Cheng’s family, including her children and parents, said they miss her immensely and hope to be reunited with her at the earliest.
Apart from Cheng, Dr Yang Hengjun, a Chinese-Australian writer, has also been in detention since January 2019 over espionage charges. He stood trial in May 2021 but the Court is yet to announce a verdict.
Foreign Minister Marise Payne on AM this morning on Yang Hengjun trial, which will commence in a few hours in a closed Beijing court: "I very much hope Dr Yang is provided with a fair trial but we have not seen any explanation or evidence of the charges brought against him".
— Bill Birtles (@billbirtles) May 26, 2021
There is speculation that Cheng was targeted due to tense relations between Australia and China. Both sides have been engaged in strategic, diplomatic, and trade disputes after Australia demanded an independent investigation into the origins of the coronavirus.
Australia has also: described Beijing’s territorial claims in the South China Sea (SCS) as having “no legal basis”, criticised the National Security Law in Hong Kong and the treatment of Uighur Muslims in Xinjiang province, warned that China’s aggressions against Taiwan could result in warfare, elevated Australia’s relationship with India from a Strategic Partnership to a Comprehensive Strategic Partnership (CSP), participated in the Malabar naval exercises and leaders’ summits with the Quad, signed a defence pact with Japan, joined United States (US) warships in an attempt to steer Chinese vessels out of Malaysia’s Exclusive Economic Zone (EEZ), banned Huawei from the country’s 5G network, introduced a new law that allows the federal government to overrule any agreements reached between state agreements and foreign governments and entities, signed the AUKUS trilateral security arrangement with the US and the United Kingdom.
In response, China has imposed anti-dumping duties and restrictions on several Australian products, including wine, timber, cotton, barley, sugar, lobster, coal, and copper ore. It has claimed that Canberra is serving at the behest of Washington, with Chines state media going as far as to describe Australia as a “giant kangaroo that serves as a dog of the US.” It has also opposed Australia in international fora. For instance, it has pushed the United Nations Educational, Scientific, and Cultural Organization (UNESCO) to downgrade the Great Barrier Reef's World Heritage status
Therefore, as things stand, it is unlikely that China will be receptive to pressure from the Morrison administration to release Cheng or Yang or even be willing to negotiate their release.
To this end, Human Rights Watch’s Australian researcher, Sophie McNeill, has said, “To increase pressure on the Chinese government, the Australian government should build a coalition with other governments, whose citizens are wrongfully detained in China.”