中國維權律師余文生失去自由的第 1,000 天

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今天是2020年10月15日,亦是中國維權律師余文生失去自由的第1,000天。 余律師於2018年1月發表《修憲公民建議書》,提出政治改革建議,翌日便於北京被人帶走。當局在2020年6月閉門宣判他被控「煽動顛覆國家政權罪」罪成,判囚4年。其代表律師指,余文生律師已就判決上訴。(可於 https://bit.ly/3ifn36K 詳閱余文生「煽動顛覆國家政權罪」判案書)

余律師後期代理多宗敏感維權案件。在2014年,當局不讓他會見因支持香港「佔領中環」而被捕的當事人,余律師因抗議此安排違反《中華人民共和國刑事訴訟法》而被關押接近100天。其後他亦為「709大抓捕」中被捕的律師進行辯護,故律師執照被當局註銷。余律師在失去自由後從未獲批會見其家屬及妻子許艷為他聘請的律師。儘管多年來當局均指是余文生本人要求解除妻子為他聘任的律師,此說法仍惹來不少人非議;因余律師早在被捕前已拍攝短片,指「我永遠不會放棄選擇自己的律師的權利」,因此外界評論普遍認為余律師是在被脅逼下作出該等舉措。

在2020年8月,余律師終獲批准會見妻子為他聘任的律師,惟會面後駭然發現余律師身體狀況已經變得非常差,包括牙齒脫落,右手發抖並且不能書寫,他的書籍亦被沒收。「這是一種精神虐待。」其妻子許艷已要求當局將余律師調往北京的看守所。藺其磊律師在2020年10月13會見余文生律師兩個小時,會面後他提到余文生律師被監禁2年多的時間令其身體大受影響。看守所環境亦欠佳,余文生律師被拘留的地方缺乏陽光,而且在寒冷的天氣下沒有熱水更令身體變得更差。

根據判決,余文生律師需監禁至2022年,離其自由之日仍然遙不可及……

【The 1,000th Day of Loss of Freedom for Chinese Human Rights Lawyer Yu Wensheng】

Today is 15 October 2020, which also marks the 1,000th day that Lawyer Yu Wensheng lost his freedom. Back in January 2018, Yu issued an open letter to ask for a political reform, only to be taken away the next day. In June 2020, he was convicted of the charge of “inciting subversion of state power” and was sentenced for 4 years of imprisonment. His representing lawyer stated that Yu had already appealed against the judgment. (The relevant judgment can be viewed at: https://bit.ly/3ifn36K)

Yu had later engaged in sensitive human rights cases. In 2014, he was detained for nearly 100 days because of his open condemnation against the relevant authorities for violating the laws regarding his client who supported the “Occupy Central” Movement in Hong Kong. He also made defence for lawyers arrested in the “709 Crackdown”, which led to the invalidation of his legal practicing license. Neither Yu’s family nor the lawyers appointed by Yu’s wife, Xu Yan, has been allowed to visit him. Despite repetitive claims by the authorities that it was Yu’s personal choice to disengage the lawyers, this proposition was questionable. It was believed that this act was made under intimidation since Yu had once stated that “I would never give up my right to choose my own lawyers”.

Yu was finally allowed to meet his appointed lawyers in August 2020. The meetings revealed that his health deteriorated significantly, including malnutrition, trembling right-hand, teeth falling off and his books were taken away. “The whole thing is a mental abuse.” His wife Xu Yan has requested a fair treatment to Yu and required the detention centre to ensure basic rights. On 13 October 2020, Chinese Lawyer Lin Qilei met Yu for around 2 hours. As he revealed, Yu has suffered from serious deterioration of physical health after 2 years of detention, which is aggravated by the poor condition of the detention centre – absence of sunlight and lack of hot water in a freezing environment.

Yu has been sentenced to imprisonment until 2022, meaning that his freedom is still afar.

 

資料來源Source:

1. International Service for Human Rights, The Case of Yu Wensheng – a Timeline of UN Action. 2. Twitter of Yu Wensheng’s wife Xu Yan. 3. Tweet on updates of Yu Wensheng, written by his appointed lawyer Lin4. United Nations Human Rights Commission, Joint Communiqué on Yu Wensheng.

 

原文刊於:China Human Rights Lawyers Concern Group / 中國維權律師關注組