VOA新闻杂志2022 新西兰最高法院裁定嫌犯可被引渡到中国受审（在线收听）

新西兰最高法院裁定嫌犯可被引渡到中国受审

New Zealand's top court recently ruled a man can be extradited to China to face a murder charge.

新西兰最高法院裁定一名男子可以被引渡到中国接受谋杀指控。

In a 3-2 decision, the court found that the accused, Kyung Yup Kim, could get a fair trial in China and would not be tortured.

在这起3票对2票的裁决中，法院认为被告人金京叶（音译）在中国会得到公正审判，并且不会遭受酷刑。

Concerns over those issues have stopped most democratic countries from extraditing suspects to China in recent times. Like many other nations, New Zealand does not have an official extradition treaty with China.

近年来，对这些问题的担忧阻止了大多数民主国家将嫌疑人引渡到中国。与其它许多国家一样，新西兰和中国没有签订正式的引渡条约。

But Kim's lawyers said they would try to stop the extradition. First, they will make a complaint with the United Nations Human Rights Committee. Then, if needed, they would request a new judicial ruling based on Kim's poor health.

但是金京叶的律师表示，他们将试图阻止引渡。首先他们将向联合国人权委员会投诉。然后，如果有需要，他们会根据金京叶的健康状况要求做出新的司法裁决。

Lawyer Tony Ellis said Kim was very upset by the judgment. He said Kim is in a suicidal state because of his health issues. Those issues include severe depression, a small brain tumor, and liver and kidney disease.

托尼·埃利斯律师表示，金京叶对该判决感到不安。他说，由于健康问题，金京叶有自杀心态。这些健康问题包括严重的抑郁症、小脑瘤以及肝脏和肾脏疾病。

Ellis said China may now begin to start extradition cases against people who have fled the country and been accused of economic crimes.

埃利斯表示，中国可能现在开始对逃离该国并被指控犯有经济罪行的人员启动引渡案件。

In making its decision, the New Zealand high court overturned an earlier appeals court ruling. Two judges on the top court had removed themselves from taking part in the new ruling. Before being promoted to the top court, they were members of the appeals court. Both had ruled against the extradition.

新西兰高等法院推翻了上诉法院早前的判决，做出了自己的判决。最高法院的两名法官已经自行退出，未参与这项新的裁决。这两人在被提拔到最高法院之前是上诉法院的成员。两人都反对引渡。

The high court found that China was able to guarantee that Kim would be jailed in Shanghai. New Zealand officials could monitor him from there before and during his trial. That would include visits at least every second day before his trial and at other times he requested.

新西兰高等法院认定，中国能够保证金京叶将在上海入狱。新西兰官员可以在他受审前和受审期间在上海监控他。这将包括在他受审前隔天以及根据他的申请的其它时间进行探视。

China also told officials that Kim would serve his prison sentence in Shanghai if convicted.

中国还告知新西兰官员，如果罪名成立，金京叶将在上海服刑。

The court found that "if no substantial grounds exist for believing an individual accused is at risk of torture...the individual should not avoid prosecution for a serious crime."

新西兰最高法院认定，“如果没有充分的理由相信被指控的个人有遭受酷刑的风险……个人不应逃避因严重罪行而受到起诉。”

Kim was arrested in 2011 after China asked to extradite him on one charge of intentional homicide.

金京叶在2011年因为中国以故意杀人罪要求引渡他之后被捕。

He was imprisoned in New Zealand jails for more than five years. He spent another three years under electronic monitoring.

他在新西兰监狱中被监禁了5年多时间。他又在电子监控下度过了3年。

According to court documents, Kim is a South Korean citizen who moved to New Zealand more than 30 years ago with his family when he was 14.

根据法庭文件，金京叶是一名韩国公民，30多年前14岁的他随家人移居新西兰。

He is accused of killing 20-year-old Peiyun Chen in Shanghai. He was traveling to the city to visit a different woman who was his girlfriend at the time.

他被指控在上海杀害了20岁的陈佩云。他当时正去该市拜访另一位女性，这位女性当时是他的女朋友。

Chinese police say they have evidence linking Kim to the crime, including a bed covering found with the body.

中国警方表示，他们有证据表明金京叶与这起犯罪有关，证据包括与尸体一起发现的床罩。

Kim says he is innocent. Ellis said his defense case would be that his former girlfriend is responsible for the crime.

金京叶称自己是无辜的。埃利斯表示，他的辩护理由是他的前女友应该对这起犯罪负责。