TRANSCRIPT
As residents in Beijing are about to face a freezing Lunar New Year, Sydney-based China academic Feng Chongyi has been thinking of his friend held in a prison in China’s capital.
Dr Yang Hengjun was an Australian citizen who had been detained in China since 2019, accused of spying.
He was given a suspended sentence to death last February, and since then he had been held in a prison in Beijing.
Dr Yang had denied the espionage allegations, and has been suffering ill health, as Dr Feng shares.
"I worried (about him) a lot. He (Yang) was a strong middle age man when he was detained back in 2019. But now he's a sick man in prison that have suffered from heart condition, liver condition, especially his kidney condition, and other health condition as well."
But what made Dr Feng even more worried was the report of Dr Yang's deteriorating prison condition since September.
During his prison time, Dr Yang was assigned to work in a factory in exchange for allowances to cover his daily necessities.
He was later assigned with cleaning chores due to his ill health. But in recent months, he had suffered from the flu and worsening eyesight, making him unable to work.
As a result, the prison authorities halved his allowance from $44 to $22 per month.
In November, Beijing recorded -5C for its coldest day. And with little money, Dr Yang was forced to choose between food and clothes to keep himself warm.
"It's inhumane. It's a discrimination as well. His basic nutrition is down, and he felt hungry."
Dr Feng calls for the Australian government to take more action to ensure Dr Yang is safe.
According to the Sydney Morning Herald, Australia's Ambassador to China Scott Dewar had raised complaints about Dr Yang's condition to Beijing prison officials, after learning Dr Yang had to wear socks on his hands, as he couldn't afford gloves.
Dr Yang also told Mr Dewar that he couldn't buy a toothpaste with his limited allowance, despite his ongoing dental problems.
In a written statement to SBS News, a spokesperson for Foreign Minister Penny Wong says the Australian government will continue advocating for Dr Yang:
"The Australian Government has made clear that we are appalled at Dr Yang’s suspended death sentence. The Government advocates for Dr Yang at every opportunity, at the highest levels, and we will continue to do so. This includes advocacy in support of Dr Yang’s interests and well being, including access to appropriate medical care. Dr Yang has demonstrated remarkable strength during this difficult period. Our thoughts remain with him and his loved ones."
SBS News has reached out to the Chinese Embassy in Australia for comment.
Before migrating to Australia in 1999, Dr Yang worked for China's Ministry of States Security for a decade.
He acquired Australian citizenship in 2002 and became a pro-democracy activist and author of a spy novel.
Dr Yang's latest prison conditions shed light on human rights issues that foreigners detained and imprisoned in China face.
Last week, Matthew Radalj, an Australian detained in China in 2019 and returned to Australia last year, told Sky News about his experience in Beijing Municipal No.2 Prison, where Dr Yang is now staying.
In an interview with presenter and journalist Cheng Lei - who was also detained by China in 2020 - Mr Radalj claimed he was only paid $1 for eight months of work.
"When they brought me the piece of paper, and it said RMB$4.2, I thought they were paying me RMB$4.2 for an hour, but I found out that for the 22 days of month, eight hours a day, for the eight-month period, I'd been paid RMB$4.2 in total."
Mr Radalj also said he wasn't allowed to question about the labour condition, as prisoners' performances were judged by the points they gained from work.
According to Chinese criminal laws, Dr Yang's suspended death sentence could be reduced to sentence for life in two years, if he practices good behaviours.
After the sentencing, Dr Yang revealed he wouldn't appeal China's court decision due to his ill health and disbelief in China's justice system.
Professor Donald Rothwell is an international law expert at the Australian National University.
He says under current consular agreements between Australia and China, Australian officials have direct accesses to citizens detained outside Australia and advocate for them, but the government is limited in their efforts.
"There are circumstances under which the Australian government can seek to monitor the welfare of the Australian prisoners, but there needs to be a clear understanding that the Australian government's ability to constantly intervene and act on behalf of Australian citizens once they have been detained in a foreign jail is limited."
He says there can be exceptional outcomes, like the Bali Nine who returned to Australia last December after spending almost two decades in Indonesian prisons for drug trafficking.
But Professor Rothwell says this is rare.
"We could contrast that with the situation, let's say, Julian Assange. Julian Assange of course ultimately pleaded guilty to certain charges for US court, and was immediately released on the basis of time served. But every individual situation is different, and Australians once they were convicted and held as a prisoner in foreign jails are very much at the mercy of that foreign legal system."
