Canadian held in China denied access to his lawyers: employer

A former Canadian diplomatdetained in China is being denied legal representation and isnot allowed to turn the lights off at night, people familiarwith the situation said, offering new details on the closelywatched case.

China last week detained two Canadians Michael Kovrig, aformer diplomat and an adviser with the International CrisisGroup (ICG) think-tank, and businessman Michael Spavor afterCanadian police arrested Huawei Technologies Co Ltd'schief financial officer, Meng Wanzhou, on Dec 1.

Canada arrested Meng at the request of the United States,which is engaged in a trade war with China. Meng facesextradition to the United States to face fraud charges whichcarry a maximum sentence of 30 years jail for each charge.

China has given only vague details of why they have detainedthe two Canadians, saying they are suspected of engaging inactivities that endangered China's security, and has not drawn adirect link to Meng's arrest.

Canada has said the detentions are unacceptable and U.S.Secretary of State Mike Pompeo has said China should free themen.

"Michael has not been allowed access to his lawyers. The arrest is unjustified," ICG director Hugh Pope said in an email to CBC News.

"We call for him to be released immediately, and at a minimum for him to be allowed regular consular access and to see his legal counsel."

Sources familiar with Kovrig's case told Reuters he was taken away at around 10 p.m. on Monday last week while on a street in Beijing. China formally notified the Canadian government of Kovrig's detention two days later.

Ambassador granted access

Canada only gained consular access to him at a policestation on Friday last week, when he was visited for half anhour by the Canadian ambassador and two other Canadiandiplomats, the sources said.

"He's not allowed to apply for bail," said one source, adding Kovrig was being held at anundisclosed location, questioned every morning, afternoon andevening and not allowed to turn the lights off at night.

He is also only allowed one consular visit a month and isnot allowed to see family or loved ones.

"He is physically all right but tired and stressed," thesource said. "Physically he does not appear mistreated."

Two other people familiar with the case corroborated thedetails.

A third person said Kovrig was being confined to a singleroom, but despite the stress remained lucid.

"Our previous comments on this case stand," said AdamAusten, a spokesman for Canadian Foreign Minister ChrystiaFreeland, when asked about Kovrig.

The comments on Kovrig from the sources were made in recentdays. All the sources requested anonymity citing the sensitivityof the situation.

Details of detention unclear

Under Chinese criminal procedure law, special forms ofdetention and interrogation can be used for state securitysuspects.

Rights groups say conditions in Chinese detention facilitiesare often basic and can be harsh, with lack of legalrepresentation and due process compounding worries abouttreatment.

In 2015, a British corporate investigator accused Chineseofficials of deliberately withholding medical treatment while hewas in jail to try to force him to confess to a role in ascandal involving drugmaker GlaxoSmithKline Plc.

While details are unclear, it is possible Kovrig is beingheld in a form of detention known as "residential surveillanceat a designated location," according to Joshua Rosenzweig, the research director of Hong Kong-based AmnestyInternational East Asia.

Previous reported experiences of individuals held under thismeasure have included prolonged questioning, close and constantmonitoring and sleep deprivation, Rosenzweig said.

Both the United Nations and Amnesty have singled out thisform of detention as "creating a potent environment for abuseaimed at extracting confessions, which are highly prized inChina's criminal justice system," he said.

'Tit-for-tat' diplomacy?

Foreign Ministry spokeswoman Hua Chunying said on Friday thedetails of Kovrig's detention and treatment needed to bechecked, and referred specific questions to the "relevantauthorities."

The Ministry of State Security, which is leading theinvestigation into Kovrig, has no publicly available contactdetails.

"We have already said that China has in accordance with thelaw guaranteed Michael Kovrig's lawful rights and humanitariantreatment," Hua told a daily news briefing.

Canada has been provided "necessary help" to get consularaccess, she said.

"I don't know whether you paid attention to the treatment orthe human rights of the Chinese citizen who was illegallydetained in Canada at the request of the United States?" Huasaid, referring to Huawei's Meng.

A Canadian court last week granted Meng bail. Amongconditions of her bail, the 46-year-old executive must wear anankle monitor and stay at home from 11 p.m. to 6 a.m.

The Canadian government has said several times it saw noexplicit link between the arrest of Meng, the daughter ofHuawei's founder, and the detentions of Kovrig and Spavor.

But Beijing-based Western diplomats and former Canadiandiplomats have said they believed the detention of the Canadianswere a "tit-for-tat" reprisal by China.

If a Canadian judge rules the case against Meng is strongenough, Canada's justice minister must next decide whether toextradite her to the United States. If so, Meng would face U.S.charges of conspiracy to defraud multiple financialinstitutions.

No details have been revealed about Spavor's detention.

China on Thursday said a third, female Canadian wasundergoing "administrative punishment" for working illegally,after Canada's government confirmed the detention.