New Zealand’s top court ruled Wednesday that a murder suspect can be extradited to China to face trial in a landmark decision following a more than decade-long legal battle.
Chinese authorities accuse Kyung Yup Kim, a South Korean citizen who has permanent residency in New Zealand, of killing a woman in Shanghai in 2009, according to court documents. China first requested his extradition from New Zealand in 2011, but Kim’s lawyers argued he could face torture and would not receive a fair trial under the country’s murky judicial system, prompting years of legal wrangling. Like many Western countries, including the United States and the United Kingdom, New Zealand does not have an extradition treaty with China. In its decision, New Zealand’s Supreme Court ruled by three judges to two that Kim’s extradition should proceed. The three judges in favor said they had received sufficient assurances from China and were «satisfied that there was no real risk Mr. Kim would face an unfair trial.» Chinese authorities had assured the court that if extradited, Kim would have access to New Zealand consular staff, and be tried and detained in Shanghai rather than sent elsewhere in the country, according to the ruling. The court added it felt confident China would stick to its word, citing «the strength of (China’s) motivation to honor the assurances» and «the strength of the bilateral relationship between the two countries.» Kim’s lawyers had argued the high-profile nature of this case and its sensitivity to Chinese authorities put him at high risk.
