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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. It was the first extradition appeal Shanghai has heard since the country announced its extradition law in 2000.

However, it is not clear when, or if, the sailor will be sent home, as other procedures must first be gone through in China.

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

The two men fought but were stopped by the captain. Neither of them used a weapon.

However, Anatoliy "was found dead on the next morning when he was supposed to go on duty," Qi Qi said. "He was seriously injured after being beaten and his ribs were all broken."

Police in Shanghai started investigating the incident at the request of the Russian consulate in the city and arrested Nikolay. It reported the matter to the Russian Embassy in Beijing and handed over evidence gathered.

On February 10, the embassy formally delivered to the Ministry of Foreign Affairs a request to have Nikolay 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."

Yesterday's ruling will be submitted to the Supreme Court. The sailor is entitled to appeal to that court within 10 days.

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 says that countries whose citizens carry out 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. But countries requesting extradition must promise the suspect will be treated properly.

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 Nikolay's case on August 7. On September 7, it began to hear the case.

"This is the sixth extradition case the country has begun this year," Qi said.

Qi said it was hard to say how much longer Nikolay would stay in China.

(China Daily September 20, 2006)