Meng Wanzhou Q's and A's

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Online pic: Meng Wanzhou wears an electronic chain
so that she doesn't 'run away.'

Background

Meng Wanzhou, Chief Financial Officer of Huawei, the electronics well from China, has been under house arrest in Canada since 2018.

Why? The United States wants Canada to hand her over so that America can try her in court for breaking U.S. sanctions against Iran. Does it have proof? They maintain it is in a Power Point presentation Wanzhou made to a Hong Kong bank in 2013.

Can Canada hand her over? Yes. The two countries have an Extradition Treaty which allows them to hand over people who committed crimes in their countries, ‘provided these offenses are punishable by the laws of both Contracting Parties by a term of imprisonment exceeding one year.’

Meng Wanzhou’s attorneys have always maintained, what U.S. claimed is the basis for the extradition, is not a crime in Canada.

Trump Politics

What U.S. claimed was a crime was in fact, an illegal act by the U.S. under international law, i.e. sanctions against Iran.

Article 4, of the extradition between Canada and U.S. says there can be no extradition, ‘when the offense is of a political character.’

2015:  International community lifted sanctions against Iran, when Iran signed the international agreement not to build nuclear weapons.

2018: President Trump withdrew from that agreement.

2020: Trump who was on a mission to torch agreements signed by former President Barack Obama, unilaterally declared that Iran sanctions were again in effect. France, Britain and Germany said Trump’s decision had no legal effect.

Lapse of time 

How long should someone be charged for a crime? Wanzhou made the presentation in 2013. The Trump administration accused her of breaking sanctions in 2018. Doesn’t that constitute a lapse of time?

Extradition Treaty between Canada and U.S. says there will be no extradition, ‘when the prosecution for the offense has become barred by lapse of time, according to the laws of requesting state’ Article 4, 1(b).

l It lapsed in 2015 when United Nations canceled sanctions against Iran.

l It lapsed in 2020, when international community regarded Trump’s unilateral ‘snapback’ to sanctions, as illegal.

Conclusion

If Meng Wazhou is extradited to the U.S. Donald Trump should take the stand to explain the motive for her arrest.

This is another ‘written podcast’ from Nonqaba waka Msimang.

 

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