Questions Raised by Cheng Lei's 1,000 Days in PRC Detention

By Jerome A. Cohen

Surely the case of Ms. Cheng Lei is one of the most mysterious recent PRC violations of the personal safety of foreigners in China. Her detention raises a number of important questions that implicate different aspects of the PRC's criminal legal administration and foreign policy. 

Regarding the length of her detention, why has the regime subjected her to such indecent treatment and for so long and with such negative consequences for the PRC’s international reputation? What can explain the court’s obscene delay in sentencing her so long after the secret trial that excluded an Australian diplomatic observer contrary to the Australia-China Consular treaty? 

As for the PRC's criminal legal administration, are the PRC authorities insisting on a “confession” before sentencing, a practice that often marked the imperial Chinese system? Is there a conflict between the security and foreign affairs systems over what to instruct the court to decide? 

And from a foreign relations perspective, is the Australian Government refusing to pay a demanded political/economic price for Ms. Cheng’s release? It is frightening and sad to see Beijing conduct itself in this way as it seeks to lift its stature in the world community.