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China's lack of key extradition treaties and heavy
hand with the death penalty is allowing many escaped corrupt officials to stay
far from the arm of the law, according to the Xinhua Daily Telegraph.
The report cited a Commerce Ministry report of last year that said 4,000
officials have escaped the country in recent years and taken five billion yuan
(HK$4.80 billion) in embezzled funds with them, giving China the world's
fourth-most serious problem with capital flight.
``It is very difficult to get corrupt officials back from their main
`destination countries,' such as the United States, Japan and Canada, because
China has not signed extradition treaties with those nations,'' Chu Huaizhi, a
law professor at Beijing University, was quoted as saying.
One of China's most wanted fugitives, accused smuggling kingpin Lai Changxing,
has been able to stay in Canada since fleeing there in 1999.
The Canadian government has said it supports China's bid to have Lai returned to
face charges, but he has avoided that so far as the case moves slowly through
Canadian courts.
Corruption, virtually wiped out in China in the years after the communists came
to power in 1949, has roared back in the wake of economic reforms introduced in
the late 1970s.
Many of those living abroad and accused of corruption were bank officials or
managers of state-owned enterprises.
Chu said China's use of the death penalty for non-violent crimes makes the
extradition process even more difficult, because many countries refuse to send
back foreign nationals who could face possible execution.
Canada traditionally is one such country. Beijing has pledged Lai Changxing will
not be executed if he is returned and found guilty, but Lai argues Beijing will
simply ignore its promise if he is extradited.
For years, some Chinese legal experts have called for limits on death sentences
in non-violent cases, Chu said, adding if corrupt officials were not afraid of
facing execution, many of them would not choose to flee the country.
``But Chinese people's cries for severe punishment of corrupt officials are very
loud and you have to consider the country's needs to stem graft. A decision on
whether or not to keep imposing the death penalty for non-violent crimes will
require further debate and experiments,'' Chu said.
Rights groups say China executes 5,000 to 12,000 people every year - more than
any other country.
The government in July asked courts to think twice before handing down the death
penalty, though Premier Wen Jiabao said earlier in the year that ``national
conditions'' would not allow China to abolish executions.
Last August, Beijing passed a new regulation requiring senior officials to check
in with superiors before leaving the country in an attempt to stem the tide of
massive graft.
REUTERS
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