Just because his mental illness had not been previously diagnosed, doesn't mean he didn't have it! In his appeals China was asked to conduct a professional medical assessment - they refused. If someone claims mental illness as a mitigating circumstance, then a fair trial should at least appoint professionals to investigate whether it's a genuine claim.
See here:
BBC News - China execution: International reaction
Is "mental illness" actually a valid mitigating circumstance under Chinese Law? If not then the point is moot.
True that. They even buckled under public pressure by reducing this lady's criminal charge from murder, punishable by death, to 'intentional assault', also punishable by death, rather than what would be the Chinese equivalent of manslaughter, definitely punishable by death.
Interestingly, in the above link but further down on the page, it is stated that she was taken to a psychiatric hospital for an evaluation of some sort, possibly because pills for treating depression were found in her purse.
Yeah, so much for rule of law...
I don't agree with the death penalty (though for child molesters I'd be sorely tempted to shoot them myself), certainly not for drug smuggling. Then again I don't agree with the 'drug laws'. But if you go to China and break its laws then you have to face the consequences.
The defence 'mental illness' - well if he was so ill he shouldn't have been allowed to travel. So there is another failing - if indeed he was 'mentally ill'.
Poor phuqer therefore is either another victim of stupid drug laws or a victim of a pish poor mental health service.
They don't have and they don't want it. Which is why HK needs to make damn sure it keeps it.so much for rule of law
There will be in China though 'reconsideration' of sentence- not on the grounds so much of appeal but where 'social harmony' needs to be considered.
Try to stop thinking 'western' PDLM - you have to think less in terms of provable absolutes when dealing with China.
Last edited by Load Toad; 29-12-2009 at 05:46 PM.
Load Toad
Someone has to be in a very bad state indeed to be sectioned in the UK (which is what I think it would take to stop someone travelling). You have to get them as far as seeing a doctor before that can even be an option, and if a person doesn't realise they have a problem, it will not be easy.