Shanghai High People's Court ruled yesterday that an appeal from Russia to extradite a sailor, who allegedly murdered his crew mate last year in Shanghai, is in line with Chinese law. This will be the first extradition case heard in Shanghai since China established its extradition law in 2000.

However, the sailor's future remains unclear since other procedures must first be followed in China.

The court heard that Nikolay Shapenkov arrived in Harbin, Heilongjiang Province, on December 12, 2004, later securing a position on board the cargo ship DD Leader, harbored in Shanghai, as a sailor. On the evening of February 10, after an allegedly drunken Nikolay returned to his ship, his crew mate Anatoliy Melmik accused him of being a thief, said presiding judge Qi Qi.

An unarmed fight broke out but was stopped by the captain. However, Anatoliy "was found dead on the next morning when he was supposed to report for duty," Qi Qi said. "He was seriously injured after being beaten and his ribs were all broken."

The city's Russian consulate asked Shanghai police to investigate the incident, culminating in Shapenkov's arrest. The matter and all related evidence were handed over to the Russian Embassy in Beijing. On February 10, the embassy formally delivered to the Ministry of Foreign Affairs a request to have Shapenkov extradited.

According to international practice, a country normally claims jurisdiction over cases that occur on its territory. "In this case, the incident happened on a boat registered in St Vincent and The Grenadines," Qi said. "However, the country did not claim." By maritime law, a crime committed onboard a vessel is subject to the laws of the country where the boat was registered.

Yesterday's ruling will be submitted to the Supreme Court with the sailor having 10 days to appeal. If considered in accordance with the law, the State Council will hear the case. Then, if finally approved, the Ministry of Foreign Affairs will request the Ministry of Public Security to proceed with the extradition.

Chinese extradition law states that countries whose citizens commit a crime in China can request extradition for the purpose of punishing the suspect if the crime carries a prison sentence of over a year. However, the suspect's home country must pledge proper treatment of the detainee.

Appeals can only be handled by the high courts. In 2001, the Yunnan High People's Court oversaw the country's first extradition appeal from France.

Shanghai High People's Court accepted Shapenkov's case on August 7, with the case beginning to be heard on September 7.

"This is the sixth extradition case the country has begun this year," Qi said, adding that it was hard to say how much longer Shapenkov would stay in China.

(China Daily September 20, 2006)