Return to justice

China's first extradition treaty with a developed country, which includes a promise not to execute those sent back, opens the door to similar deals with other countries that could lead to the return of hundreds of corrupt officials in exile.

On April 29, the standing committee of the National People's Congress ratified an extradition treaty with Spain, its first with a developed country, in which it promises for the first time not to execute those returned.

China's widespread use of the death penalty is the major reason for western governments opposing such treaties. China executes about 8,000 people a year, almost 20 times as many as the rest of the world combined. It says the practice is needed to maintain social stability and is popular among the public, who believe a killer should pay the victim with his life. Countries in the EU, which has abolished the death penalty, have made the non-execution clause a pre-condition for an extradition treaty.

What is at stake for Beijing is the recovery of up to US$50 billion in public money and the prosecution of the officials and business people who stole it and took refuge in North America, Europe, Australia and New Zealand, countries with a strong legal system and protection for refugees. Since 1998, 230 corrupt officials have been extradited to China, but more than 1,000 remain abroad as fugitives.

Xu Hong, who led the Ministry of Foreign Affairs team that negotiated the treaty, said it marked a major shift in China's tactics to bring back corrupt officials who had fled abroad, mostly choosing North America or countries in Europe that didn't have extradition treaties with China.

Huang Feng, director of the institute of international criminal law at Beijing Normal University, who used to work in the Ministry of Justice, said China needed a practical and flexible attitude and should consider the advantages against the disadvantages.