Explained | Understanding China’s ‘suspended death sentence’ to Australian blogger Yang Hengjun

In Beijing, China, on Monday, Australian writer and pro-democracy blogger Yang Hengjun found himself on the receiving end of a suspended death sentence. The move has stirred controversy and drawn attention from human rights advocates who have deemed it an unusually harsh verdict in an espionage-related case.

But what is a suspended death penalty? Here's all you need to know.

Unravelling the suspended death penalty

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Since 2007, the Chinese judicial authorities have implemented a top-down capital punishment reform in order to reduce the number of death sentences.

In China, suspended death penalty or 'sihuan zhidu' is a form of punishment that provides the accused with a two-year reprieve from execution.

As per the National University of Singapore, after this period," the death sentence may be commuted to life imprisonment if the convict has not committed an "intentional crime" during the two-year reprieve, or to a fixed-term imprisonment of 25 years if the convict has performed "great meritorious service". Throughout this reprieve period, the individual remains behind bars.

This sentencing tactic as per Ryan Mitchell, a law professor at the University of Hong Kong, has gained traction in recent times as a means of curbing executions without fully abolishing the death penalty.

"It has been used more commonly in recent years as a way to reduce the prevalence of executions without abolishing the death penalty altogether," said Mitchell, as quoted by Reuters.

The exact prevalence of death sentences, including their suspension, as per the Hong Kong University professor are concealed in secrecy by the Chinese government.

Mitchell, a law professor shed, light on the versatility of the suspended death sentence, emphasising its application across various cases rather than being confined to a specific crime type.

"The sentence is used for a wide range of cases, and isn't associated with one particular type of crime," he said.

It is frequently employed for offences deemed to have a "serious negative social impact," such as drug trafficking, he said.

Recent suspended death sentences

Recent instances of suspended death sentences include a former vice chairman of China's banking regulator, who was sentenced in December for bribery and abuse of power. Additionally, the sentence was also awarded to former justice minister Fu Zhenghua in 2022 for corruption, taking bribes.

Potential for Yang's deportation

While parole typically remains elusive until halfway through a fixed term or after ten years in the case of life imprisonment, Mitchell noted that exceptions can be made in "special circumstances" by China's top court.

This flexibility might allow for diplomatic leverage to influence Yang's fate following the two-year reprieve.

"For a case of this nature, the availability of that discretion after the two-year period concludes would help to maintain a certain degree of diplomatic leverage," he said.

A death sentence for Yang

Despite its "suspended" nature, the sentence essentially functions as a death penalty for Yang Hengjun, said Elaine Pearson, director of Human Rights Watch's Asia Division, underscoring the gravity of the situation.

According to her, due to his deteriorating health and the inadequate medical care received in prison, the Australian writer and pro-democracy blogger won't survive the sentence.

A rare sentence

Patrick Poon, an independent human rights analyst, highlighted the rarity of espionage cases receiving suspended death sentences in China. He said it was "very rare to see espionage cases get a suspended death sentence" especially given Australia's vocal demands for Yang's release.

The possibility of deportation remains uncertain, prompting questions about the level of international and diplomatic pressure on the Chinese government.

"It becomes another issue of how much international and diplomatic pressure is put on the Chinese government," said Poon. As per Reuters, he was referring to the cases of Australian national Cheng Lei and the Canadian "two Michaels", who were eventually deported back to their home countries after similarly being tried on espionage allegations.

"There is still a possibility that Yang may be deported, but it's unclear for the moment," he added.

Opacity and international scrutiny

China's foreign ministry confirmed Yang's sentence, labelling him guilty of espionage without divulging the specifics of the charges.

However, spokesperson Wang Wenbin assured that the trial adhered strictly to the law, and the "Australian side" was permitted to witness the sentencing.

"The court heard the trial in strict accordance with the law and ensured his procedural rights," he said.

However, the lack of transparency in China's legal proceedings is well known. In this case, a prohibition has been placed on Yang's lawyers, including prominent human rights advocate Mo Shaoping, from publicly discussing the case.

Elaine Pearson of Human Rights Watch remarked that "This case really spotlights what happens to people who are arbitrarily detained on national security charges in China, and it highlights the opaqueness of the criminal justice system."

With Chinese courts boasting a staggering 99.9 per cent conviction rate, cases involving national security or the death penalty never see the light of day online, reports the news agency.

(With inputs from agencies)