Hold China Accountable to the Letter of Their Laws!

  • by: Rhonda Newhall
  • recipient: Anyone interested in preserving the rights of the downtrodden.
Case background

Akmal was arrested on 12 September 2007 in Urumqi airport in northwestern China and is alleged to have been carrying around 4 kg of heroin. He told officials that the suitcase did not belong to him and that he did not know anything about the drugs. The Chinese authorities did not inform the British Foreign and Commonwealth Office (FCO) of Akmal's death sentence until several months after it had been handed down.

Akma's case is now pending before the People's High Court of Xinjaing. If the Court denies his appeal the case will go to the People's Supreme Court, which only considers errors of law. If that appeal also fails, Akmal will face immediate execution by a single bullet to the back of the head.

Akmal has always maintained that he went to China to start a career as a pop star (he has no history of singing in public). While living in Poland (he moved there with plans to set up an airline which he clearly did not have the financial means to do) he wrote a song with a man named Carlos which they wanted to record. Carlos told him that he knew people in the music business that could assist and Akmal was sent to Kyrgyzstan.

The people he met with there took his passport and money but Akmal figured that he would become famous so didn't really need them. He was then asked to go to China where a man named Okole said he owned a night club at which Akmal could sing, Akmal agreed to go. En route to China, Okole and Akmal stayed in a 5 star hotel in Tajikistan which Akmal believed was a sign of his celebrity status. Upon arrival Okole told Akmal he would have to travel from there to China alone as there was only one seat left on the flight. Okole gave him a bag to take with him, and said he would be on the next flight.

At this point Akmal became suspicious and looked through the bag, in the presence of Okole, but found nothing amiss. When he landed in China the police stopped him, searched his bag and arrested him on drug charges. Akmal cooperated fully with them telling them who gave him the suitcase, and why, and helped them set up a sting operation to catch the person who naturally did not show up on the plane as promised.

Mental health issues

It seems clear that Akmal became involved in all this for delusional reasons. It is highly likely that these professional drug smugglers knew that he was suffering from a mental illness and could be readily manipulated. Obviously if this happened in the UK Akmal's mental health would have been taken into account.

The Chinese authorities originally indicated that they were willing to let a local doctor assess him but this was later refused. Reprieve with the assistance of the FCO also sought permission for Dr Peter Schaapveld, a forensic psychologist, to see Akmal and paid for him to pay for him to fly to China but upon arrival he was denied access to Akmal, no explanation as to why was given.

At his appeal hearing on 26 May 2009, which coincided with Dr Schaapveld's visit Akmal insisted on reading a long, rambling and often incoherent statement to the Court, despite being strongly advised by his lawyers not to. Dr Schaapveld was not permitted to attend this hearing and Embassy staffs were not allowed to take notes.

Around the same time Reprieve obtained hundreds of e-mails that Akmal sent the British Embassy in Poland when he was living there. There are hundreds of pages of materials, many of which are rambling, incoherent and in 72 POINT FONT, reflecting what was probably his manic phase at the time.

Although Dr Schaapveld was unable to meet with Akmal he spoke to Embassy staff while visiting China, we have also provided him with witness statements from people knew Akmal as well as the e-mails sent to the Embassy in Poland. Dr Schaapveld concludes that "the evidence clearly points to the fact that Mr. Shaikh was and/or is suffering from a severe mental disorder".

Source

When the human mind has lost contact with reality, it is said to be in a state of psychosis, a disorganization of thoughts that can manifest in the form of any number of changes of mood and behaviors such as grandiosity, paranoia, religious ideation or intense aggression.  I have experienced this loss of contact, the insanity ranging from giddy elation to a terrifying sense of persecution.  For 24 hours I was strapped in 5-point leather restraints to a gurney and for an additional 48 I was held in a tiny white room with nothing but a pillow, staring up at a skylight while the antipsychotic medication Haliperidol slowly worked to calm my madness to a mere mania.  I was certain that my mind would never return from the point it had been taken to, that I would be forever in this state of mental chaos.  Perhaps Akmal Shaikh was experiencing one of these states when he was taken into custody in China.  According to the instructions given to their courts, those charged with serious crimes are to be evaluated for mental health.  Shaikh has never undergone such evaluation.  He has exhausted his last appeal.  It falls upon us to call for his clemency.
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