Rough justice - the execution of Akmal Shaikh Print E-mail
Sunday, 24 January 2010 16:37
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Max Tookey reviews the case of Akmal Shaikh, the British-Pakistani who was executed for drug smuggling in China despite clear evidence of mental illness.

On the 29th of December Akmal Shaikh became the first national of the European Union to be executed in the People’s Republic of China in over 50 years, put to death by lethal injection in Urumqi in the North West of the country. Akmal received the death sentence for drug trafficking, having been arrested for carrying a suitcase containing 4kg of heroin at Urumqi Airport.

As Chinese authorities impose a mandatory death sentence for trafficking in 50g or more of this drug, Akmal was tried at the Intermediate People's Court of Urumqi and subsequently sentenced to death in accordance with Articles 48 and 347 of China's Criminal Law. The widespread condemnation of this execution centred on the likelihood that Akmal was mentally ill, with the possibility that his fragile mental state contributed to him being duped into carrying the suitcase containing the drugs.

It seems highly likely that Akmal suffered from bipolar disorder - a condition which manifests itself in periods of manic excitement and deep depression.

In the manic phase of this illness, a sufferer may have delusions of grandiosity and be incapable of making sound choices or judgements, and this could be applied towards understanding the chain of events that characterised Akmal’s life and led to his conviction.

He was born in Pakistan and moved to the United Kingdom as a child. He subsequently got married, had children and moved to the United States where he worked as an estate agent. When this business failed he moved back to England and started a mini-cab business in Kentish Town in north London.

After his marriage fell apart he moved to Poland with ambitions to start an airline, although he did not have the resources to do this. His second marriage to a Polish woman also failed and he was left homeless, spending time sending bizarre emails to the British Embassy in Poland.

He believed that his song ‘Come Little Rabbit’ would change his fortunes and bring about world peace. So when a group of Polish men gave Akmal the opportunity of performing the song at a huge nightclub in China he believed that he could make it big in the music industry.

In reality, it was likely that these men took advantage of his vulnerability, and perhaps Akmal did not question why he should carry the suitcase to Urumqi Airport which sealed his fate. Even during the time of his trial, it was clear that Akmal’s mental health was unbalanced. This was most notably demonstrated in an incoherent 50 minute speech he read in his defence, which was openly mocked by court officials.

The campaign to save Akmal attracted widespread support, suggesting that due legal process by the Chinese authorities was not followed owing to the growing body of evidence which indicated that he was suffering from a severe delusional illness. The human rights charity Reprieve commissioned a preliminary psychological investigation of the case which established that Akmal’s actions “were most likely influenced by some form of delusional psychosis” and six independent witnesses came forward to attest to the severity of his condition.

Moreover, 27 representations about Akmal’s case were made to the Chinese government by Gordon Brown, and in an articulate plea for clemency, the actor Stephen Fry believed that this was “a real case where China can demonstrate that it does understand how mental illness can provoke people into doing things that are otherwise intolerable.”

Sadly, these pleas fell on deaf ears and reaction to Akmal’s execution by the UK government reflected disillusionment with China’s decision to execute a mentally ill man. Gordon Brown was “appalled and disappointed that persistent requests for clemency [had] not been granted ... and concerned that no mental health assessment was undertaken.”

The Leader of the Opposition, David Cameron, said he deplored and deeply regretted that the Chinese authorities failed to take account of the concerns about Akmal’s mental health. But China defended its decision, making reference to its own faceless bureaucracy and how Akmal failed to provide relevant materials during his trail which suggested a mental illness.

But any chance to subsequently prove that Akmal was mentally ill was thwarted. A psychologist who travelled to Urumqi at the time of his appeal hearing was prevented from meeting him or attending the appeal. Furthermore, the Chinese authorities failed to consider any of the numerous representations made about Akmal’s mental condition.

Akmal's cousin Nasir (third from right) joined protesters outside the Chinese Embassy in LondonNow that Akmal has been executed there can be no reassessment of evidence. There can be no reprieve for a man’s life that has been taken. But his execution did touch the lives of many people who were dismayed at this pointless death, and who felt for a family from north London who suffered such a cruel loss over the Christmas period. So on Sunday January 10th I joined a peaceful protest outside the Chinese Embassy in London to honour his memory.

The placards and banners made by the protesters reflected the sentiments of anger that many British people felt towards Akmal’s plight – the most poignant of these simply used the word “barbaric”. Like many people at the protest, I was disheartened by how the Chinese authorities displayed such ignorance about bipolar disorder, which could cloud an individual’s sense of reality. A protester who suffered from this condition told me that is was wholly unjust that he paid such a high penalty for his illness.

Akmal’s family are now demanding a full inquest into the execution to get some insight into his final hours and the circumstances surrounding his death. Nasir told me about his last meeting with Akmal and said that his cousin wanted his legacy to be remembered. Maybe the best way of doing this is to hope that this death does not fade from the spotlight and to demand accountability on the fate of a vulnerable man whose basic human rights were not recognised.

Last Updated on Sunday, 24 January 2010 16:53
 

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