MACKAY: Canadian James Xiao is a political prisoner in China

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While Canadians breathed a collective sigh of relief at the resolution of the illegal detention of ‘the two Michaels’, Mr. Kovrig and Mr. Spavor, there is another, longer-term yet less well known, arbitrary detention of a Canadian citizen in China.

Canadian businessman James Xiao was abducted from a Hong Kong hotel room by suspected Chinese Communist Party agents on Jan. 27, 2017. He has been neither seen nor heard from in public since. As of July 1, 2022, he will have been in Chinese captivity for 1,981 days – almost twice as long as the 1,019 days Canada’s two Michaels were held in captivity by the same regime. International media reports indicate Xiao’s trial is imminent.

Of course, as in all countries some people have been legitimately arrested for illegal activities in China. However, there are those where the Chinese Communist government, solely for political reasons, has arbitrarily arrested and detained people, as they did with the two Michaels. Their political reach respects no limits or any state boundaries, let alone any semblance of rule of law, human rights or full answer in defence. This is clearly shown by the kidnapping of Xiao.

It must be made clear to all that Xiao is a political prisoner, pure and simple. Just as were the two Michaels, charges, in all cases if ever they come, will be made up and false. A trial will be a show trial with certainty of conviction. There will be no true justice for Xiao, just as there was not for the two Michaels.

The Chinese Communist regime controls all aspects of the justice system, the police, courts, media and the penal system. Everyone, including political prisoners, are depicted in the darkest possible light and as the worst hardened criminals.

The case of Canadian citizen Xiao is unique because he is a powerful political pawn in the bloody war waged by President Xi Jinping against opposing political factions. He was abducted and imprisoned to scare Xi’s political opponents into silence and submission.

There is no due process as we in the West understand it. He does not enjoy consular access. He has, in effect, been detained without charge, access to consular services or any basic rights that we in the West are familiar with.

No sensible person in the public could see Xiao as anything other than a legitimate businessman and now tragic political pawn. In his case, repeating in our Western press the false narrative about him is tantamount to doing the dirty work and abetting their human rights abuses and crimes by the Communist Chinese Party.

While there are earnest efforts under way to protect Canadian institutions at home from negative foreign actors, less so for the 123 Canadians currently in Chinese custody.

To its credit, in February 2021, Canada built international support with 67 other countries for a joint declaration against arbitrary detention. It was hoped this would put China on notice that it can’t get away with the practice of arbitrary detention. However, despite this, Xiao’s unjust arrest and detention continue with an uncertain future. As with all such prisoners this is deeply troubling and difficult for his family in Canada.

Canada’s federal government could and should do so much more to protect our citizens suffering through these types of circumstances. They should appoint a special envoy or ambassador specifically to deal with Chinese political prisoners. Further, they should rally support from OECD partners like the U.S., U.K., Australia and other signatories of the Declaration to make public statements warning China.

The message should be clear that arbitrary detention isolates China not only politically but also commercially, as it will have a chilling effect on trade. Sanctions as we have seen in Russia can over time have an impact.

Arbitrary arrests like the detentions of Xiao and others are a violation of international human rights law, including Article 9 (1) of the International Covenant on Civil and Political Rights. As are the lack of access to any consular assistance which violates The Vienna Convention on Consular Relations.

In addition to its 67 global endorsers, Canada’s declaration is supported by relevant UN bodies, including the UN Human Rights Council and the UN Working Group on Arbitrary Detention, as well as by former UN secretary-general Ban Ki-moon.

Political prisoners like Xiao and the 123 others require their fellow citizens to know their story. The federal government should do everything within its power for him to get justice. Isn’t this what every Canadian citizen deserves?

The Honourable Peter MacKay PC QC served as Minister of Justice and Attorney General, Minister of National Defence, and Minister of Foreign Affairs of Canada under Prime Minister Harper, is a lawyer and active with Integrity Initiatives International.