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Canadians to Stand Trial in China for Spying: What We Know - The New York Times

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Secrecy and politics will likely hang over the cases involving two Canadian men, who have been held largely in isolation for more than two years.

The Chinese government has signaled that it will soon begin trials of two Canadian men held in China for more than two years on vague charges of espionage, escalating a punitive campaign against Canada.

China plans to go forward with the trials, Canadian officials said, despite global pressure to release the two men, Michael Kovrig, a former diplomat, and Michael Spavor, a business consultant, who have been held largely in isolation since they were detained in 2018.

The prosecution of the two men is widely seen as retribution for Canada’s decision in 2018 to arrest Meng Wanzhou, a top executive of the Chinese technology giant Huawei, at the request of the United States. The start of the Mr. Spavor’s trial, on Friday, coincides with the first meeting of senior American and Chinese officials since President Biden took office in January, amid tensions over technology, defense and other issues.

Mr. Kovrig’s trial is to start Monday,

Here’s what to expect.

Mr. Kovrig and Mr. Spavor have been caught up in a broader geopolitical struggle involving China, Canada and the United States.

China has adopted an increasingly aggressive foreign policy in recent years, and experts say the detention of the two Canadians is part of a campaign by Beijing to show that it will not give in to demands from Western countries.

Officials in Canada and the United States have accused China of holding the two Canadians as a bargaining chip to win the release of Ms. Meng, the daughter of Ren Zhengfei, the founder of Huawei and one of China’s most prominent businessmen.

Meng Wanzhou arriving at a Vancouver court on Monday. Chinese officials have  repeatedly called on Canada to release Ms. Meng.
Darryl Dyck/The Canadian Press, via Associated Press

“We believe these detentions are arbitrary and remain deeply troubled by the lack of transparency surrounding these proceedings,” Marc Garneau, Canada’s minister of foreign affairs, said in a statement on Wednesday.

Ms. Meng was arrested on sweeping fraud charges but was granted bail and has been living in a mansion in Vancouver.

Chinese officials have repeatedly called on Canada to release Ms. Meng. China has described her arrest as an attempt by the United States to target China’s most successful companies and thwart its scientific and technological progress.

“The Chinese judiciary handles cases independently according to the law and fully protects the legitimate rights of the persons involved,” Zhao Lijian, a spokesman for the Chinese foreign ministry, said at a regular news briefing in Beijing on Thursday. He did not comment on the impending trials.

China maintains one of the most opaque legal systems in the world. Courts are controlled by the ruling Communist Party, and convictions in high-profile cases are almost certain, especially those involving national security.

The trials will likely be shrouded in secrecy, with limited opportunities to examine evidence or hear rebuttals from the two men. The proceedings will likely be closed to the public and the news media.

Mr. Spavor’s family said in a statement on Thursday that Mr. Spavor had “very limited access” to defense lawyers during his time in detention.

“The specific charges against Michael are vague and have not been publicly released,” Mr. Spavor’s family said. “He loved living and working in China and would never have done anything to offend the interests of China or the Chinese people. We stand by Michael and maintain his innocence in this difficult situation.”

Mark Schiefelbein/Associated Press

Mr. Kovrig and Mr. Spavor are likely to be convicted and may receive harsh sentences, experts say, given the grave charges against them.

“Nobody should be in any doubt that this is a completely political trial in both cases,” said Donald Clarke, a specialist in Chinese law at George Washington University. “If the merit of the cases had anything to do with it, we would not see them proceeding in absolute lock step in this way.”

The issue of Ms. Meng and the “two Michaels,” as they are known in Canada, is likely to come up during the meetings between American and Chinese officials starting Thursday in Alaska, experts say, though a breakthrough is unlikely in the short term.

Mr. Biden has called for the release of the Canadians, saying last month that “human beings are not bartering chips.” But his administration has not indicated exactly how it might address the issue.

Jerome A. Cohen, a New York University law professor who specializes in Chinese law, said the trials could pave the way for an agreement to secure the release of Mr. Kovrig and Mr. Spavor.

“The P.R.C. is more likely to release them after vindicating its judicial sovereignty by convicting them,” Mr. Cohen said, referring to the People’s Republic of China.

Friends and relatives of Mr. Kovrig and Mr. Spavor said it was important for Canada and the United States to take action to secure the release of the two men.

“This is a stark reminder that real lives are on the line and that if we, Canada and the U.S., don’t intervene to secure their freedom, they will remain in great peril,” Vina Nadjibulla, the wife of Mr. Kovrig, said in a telephone interview. “This is the moment. We are running out of time.”

Dan Bilefsky contributed reporting. Albee Zhang contributed research.

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