何方美 – 為女兒和其他受問題疫苗影響的受害人爭取權利,失蹤至今

為女兒和其他受問題疫苗影響的受害人爭取權利的 #何方美 於2020年10月2日到河南省輝縣市,向政府大門招牌潑墨。她在潑墨時說:「這樣的政府還有甚麼存在的價值和意義﹖」何因此被警方拘留10天,但因她有身孕所以沒有執行。10月9日再次到市政府潑漆,隨後失蹤至今。

On 2 October 2020, #HeFangmei, who fights for her daughter and other victims of substandard vaccinations, splashed ink on the door plates of Hui county government building to express frustration at the authorities’ refusal to hold the vaccine manufacturers accountable. She was arrested by local police on suspicion of“picking quarrels and provoking trouble”and was sentenced to administrative detention for 10 days, though it was not enforced due to her pregnancy. On 9 October, she splashed ink again on the Hui County government building and since then, she has disappeared.

姓名:何方美 (網名:俠女十三妹)

出生日期: 1985年10月8日
職業: 河南毒疫苗受害人家長

被拘捕日期:2020年10月9日起被失蹤
被拘捕地點:河南省輝縣
被拘捕罪名:

正式被捕日期:
被起訴日期:

法律代表:

審訊日期:
審判日期:
判決結果:
刑期:
關押地點:
未知

案件簡介:
2018年3月,李新、何方美的女兒李琪(一歲十個月)接種三針問題疫苗(甲肝,麻腮風,百白破)之後癱瘓在床。送醫院搶救後診斷為急性脊髓炎。何方美與近500百疫苗受害家長們組建了「疫苗寶寶之家」進行公民維權,之後她一家就一直被當地維穩人員監控,全家都被打壓。

2019年3月4日兩會期間,何方美因在北京給疫苗致殘孩子募捐被警察抓進派出所,翌日被河南省輝縣公安局警察帶回當地後行政拘留15天。行政拘留期滿後,何方美又被送進看守所刑事拘留,被以「尋釁滋事」的罪名拘禁十個月後才獲無罪釋放。

2020年1月10日出獄後,何方美仍然繼續為疫苗寶寶維權。她控告輝縣疾控中心一案,2020年4月16日,河南省輝縣法院裁定她勝訴,輝縣疾控中心須公佈她女兒接種的疫苗資訊。然而當局卻繼續限制她的行動自由,她想要帶女兒到北京治病,但當局擔心她會在北京上訪而阻止她和丈夫離開河南。

何方美的丈夫李新,在醫院照顧腦梗住院的父親期間,本來一直被市公安局的國保、派出所、村委會三幫人24小時輪班看管,但自8月16日突然失聯。她懷疑,李新失蹤是因為他想要帶孩子去北京看病。

她亦質疑現時中國的新冠肺炎疫苗,指出目前在中國大範圍試驗接種的,是由中國生物技術集團公司研發的新冠病毒疫苗,與她女兒接種的問題疫苗同出於該公司轄下的武漢生物製品研究所。中國生物技術集團公司九月初表示,該公司已為數萬人接種了兩種仍處於試驗階段的新冠病毒疫苗。她說:「這次這個新冠疫苗也是武漢生物的,我是絕對不會接種的。說白一點,武漢生物廠家就躲在政府背後逍遙法外。」她也對新冠病毒疫苗接種者被強制簽署的保密協議提出質疑。她說:「按道理信息應該是公開透明的,應該告訴我們這個疫苗副作用是什麼,會發生哪些不良反應,發生這些不良反應又該怎麼獲得救助,或者是怎麼治療。為什麼還要簽保密協議呢﹖」

10月2日,何潑墨到河南省輝縣市政府大門招牌上。她在潑墨時說:「這樣的政府還有什麼存在的價值和意義﹖」何因此被警方拘留10天,但因她有身孕所以沒有執行。10月9號,她再次到市政府用潑漆,隨後被失蹤至今。

參考更多資料:
https://cmcn.org/archives/34289

https://www.rfa.org/mandarin/yataibaodao/renquanfazhi/bx-10012020115143.html

何方美的推特:https://twitter.com/hefangmei2019 (自她被失蹤後,由朋友代管)

資料更新:2020年11月5日

Name: He Fangmei (何方美)

Date of birth: 8 October 1985
Occupation: She became an advocate for vaccination safety after her daughter was diagnosed with a neurological disease after receiving vaccinations

Date of detention: disappeared since 9 October 2020, after she splashed ink on the door plate of the county government in Hui County, Henan Province
Location: Hui County, Henan Province
Ground of detention:

Date of formal arrest:
Date of Indictment:

Legal representation:

Date of trial:
Date of sentencing:
Verdict:
Sentence:
Location of detention/imprisonment:
unclear

Description:
In March 2018, He Fangmei’s daughter, Li Qi (born 2016) became paralyzed and was diagnosed with transverse myelitis after receiving faulty vaccinations for Hepatitis A, measles and other illnesses. Realizing that many other children had suffered from faulty vaccinations, He Fangmei and her husband Li Xin subsequently organized a group of 500 parents with children sickened by vaccinations, calling it“Vaccine Babies’ Home”. The parents jointly sought accountability, financial compensation and started legal action against authorities. However, they kept facing harassment and crackdowns.

On 4 March 2019, He Fangmei launched a fund-raising campaign for the victims in Beijing during the Two Sessions (meetings of National People’s Congress (NPC) and the Chinese People’s Political Consultative Conference (CPPCC)) and was first detained by the Beijing police. Police officers from Hui County, where she is from, went to Beijing and took her back to Henan Province for a 15-day administrative detention. After then, she was criminally detained for “picking quarrels and provoking trouble”. On 10 January 2020, the County prosecutors dropped the charges against her and the court canceled the case. She was released after ten months of not seeing her two young children.

He Fangmei continued to fight for the children who got sick because of faulty vaccinations. On 16 April 2020, she successfully sued the Hui County’s Center for Disease Control and Prevention over the faulty vaccines given to her daughter in 2018. The court ordered the Center to disclose the information of the vaccinations her daughter had received. However, the local authorities continued to harass her. It did not allow her family to leave Henan Province, fearing that they could take their daughter to Beijing for medical treatment and protest in the capital.

Her husband Li Xin has gone missing since 16 August 2020. He was in a hospital, taking care of his father, who had been hospitalized due to cerebral infarction. The state security guards of the city public security bureau, local police officers and staff of village committee were taking a 24-hour-shift to look after Li when he went missing. He Fangmei suspected Li was forced to disappear because he wanted to take their daughter to Beijing for medical treatment. He Fangmei has been vocal and critical regarding China’s COVID vaccine deployment. She pointed out that the new Covid vaccine is mainly developed by China National Biotec Group Company, which is also the parent company of Wuhan Institute of Biological Products Co., Ltd., and her daughter became sick after being vaccinated from its product. The company is protected by the government and turned a blind eye to its victims. He Fangmei cast doubts to its quality and accountability. She also questioned the confidentiality agreement that vaccine-receivers were forced to sign. She said, “In principle, the information should be open and transparent. We should be told what the side effects of this vaccine are, what adverse reactions will occur, and how to get rescue or treatment if these adverse reactions occur. Why should one be forced to sign a confidentiality agreement instead?"

On 2 October 2020, she splashed ink on the door plates of Hui county government building to express frustration at the authorities’ refusal to hold the vaccine manufacturers accountable. She was arrested by local police on suspicion of“picking quarrels and provoking trouble”and was sentenced to administrative detention for 10 days, though it was not enforced due to her pregnancy. On 9 October, she splashed ink again on the Hui County government building and since then, she has disappeared.

For more information:
He Fangmei’s twitter account: https://twitter.com/hefangmei2019 (it is now being administrated by her friend, since her disappearance)

https://hk.appledaily.com/news/20200830/CY7IB4W7SFE7HLUX2A52HU4H7E/

Updated on: 10 November 2020

張展-公民記者報導武漢疫情,引致政府報復

張展 約於2020年2月1日到武漢報導當地新冠病毒疫情,在微信、推特(推號:@consultorzhang)、YouTube等直播報導當地情況。張展於5月14日在武漢被抓捕和押回上海,隨後以「尋釁滋事罪」被刑事拘留,6月被正式逮捕。最近網上傳出張展的起訴書,檢察院甚至未審先判,建議法院判張展五年以下有期徒刑。

ZhangZhan went to Wuhan on or around 1 February 2020 to report about the location COVID-19 pandemic situation, live broadcasting on her WeChat, Twitter (@consultorzhang) and YouTube accounts. She also provided assistance to those affected by the pandemic. Her live broadcast on the ground led to retaliation from the government. On 14 May 2020, she was taken back from Wuhan to Shanghai and later criminally detained on suspicion of “picking quarrels and provoking trouble”. She was formally arrested in June. Recently, Zhang Zhan’s indictment has been circulated online. Without any trial date being set, the procuratorate even suggested the court to sentence Zhang Zhan to up to five years imprisonment.

姓名:張展

出生年份:1983年9月2日
職業:公民記者、前律師

被拘捕日期:2020年5月14日,5月15日刑事拘留,6月19日被正式逮捕,8月18日被起訴
被拘捕地點:在武漢被抓捕押回上海
被拘捕罪名:尋釁滋事罪

正式被捕日期:
被起訴日期:

法律代表:辦案單位於6月份帶出張展的委託書要求委託戴佩清為其律師,8月18日案件移送檢察院後,張展母親又委託任全牛為共同辯護律師,但是無法會見,國保強迫張母解除對任全牛的委託,張展又委託聞宇律師共同辯護。目前張展的兩位律師是戴佩清和聞宇。

審訊日期:
審判日期:
判決結果:
刑期:
關押地點:
上海浦東新區看守所

案件簡介:
張展以公民記者身份約於2020年2月1日到武漢報導當地新冠病毒疫情,在微信、推特(推號:@consultorzhang)、YouTube等社交媒體直播報導當地情況,並協助受疫情影響人士。她的直播報導引致政府報復,於5月14日在武漢被抓捕和押回上海,5月15日被上海市公安局浦東分局以「尋釁滋事罪」刑事拘留,張展家人6月20日收到逮捕通知書,上海市浦東新區人民檢察院6月19日批准對張展以涉嫌「尋釁滋事罪」執行逮捕,張展現被關押上海浦東新區看守所。

張展於9月28日會見律師時,律師發現她消瘦不少,張展拒絕認罪並在看守所絕食超過一個月,看守所內每天有兩三人強行向張展灌食粥或流質食物,但張展仍拒絕進食,身體狀況令人擔憂。

11月13日,網上傳出張展的起訴書,起訴書指出張展已於8月18日被正式起訴,並指控她透過微信、推特和YouTube發佈關於疫情的虛假信息,和接受海外媒體採訪,聲稱張展的行為造成公共秩序嚴重混亂,又列出所謂證人名單,檢察院又罕見地發出量刑建議書,未審先判,建議判張展五年以下的有期徒刑。

自2019年以來,張展在微信等網上平台大量轉發香港「反送中」運動視頻和圖文,並自己發文聲援,又以行為藝術和舉牌支持香港的抗議行動,於2019年9月9日被上海公安傳喚,隨後失去聯絡,後來家人獲知她以涉嫌「尋釁滋事罪」被刑事拘留,其父當時被恐嚇不願公開訊息。直至2019年11月26日獲釋,據悉,她被關押期間曾兩次被強制性作「精神病鑒定」。

張展曾擔任律師,因參與維權活動和修訂律師管理辦法的簽名活動,而遭註銷律師執業資格。

參考更多資料:
https://www.dw.com/zh/%E5%BC%A0%E5%B1%95%E4%BC%9A%E8%A7%81%E5%BE%8B%E5%B8%88-%E6%98%8E%E6%98%BE%E6%B6%88%E7%98%A6%E4%B8%94%E4%BB%8D%E6%8B%92%E7%BB%9D%E8%BF%9B%E9%A3%9F/a-55087303
https://www.voacantonese.com/a/zhang-zhan-has-gone-on-hunger-strike-for-more-than-a-month-20201001/5604702.html
http://wqw2010.blogspot.com/2020/08/blog-post_69.html
http://wqw2010.blogspot.com/2020/06/blog-post_81.html
http://wqw2010.blogspot.com/2020/11/blog-post_24.html

資料更新:2020年11月18日

Name: Zhang Zhan (張展)

Date of birth: 2 September 1983
Occupation: Citizen journalist, former lawyer

Date of detention: Taken away on 14 May 2020, criminally detained on 15 May 2020, formally arrested on 19 June 2020 and indicted on 18 August 2020
Location: Was taken back from Wuhan to Shanghai
Ground of detention: Picking quarrels and provoking trouble

Date of formal arrest:
Date of Indictment:

Legal representation: The unit handling her case showed a legal representation agreement from Zhang Zhan in June 2020 asking to hire Dai Peiqing as her lawyer. When her case was transferred to the procuratorate, Zhang Zhan’s mother hired lawyer Ren Quanniu to jointly represent Zhang Zhan. But Ren was not allowed to visit Zhang Zhan. The national security police forced Zhang Zhan’s mother to dismiss Ren Quanniu. Zhang Zhan hired lawyer Wen Yu to jointly represent her. Currently, Zhang Zhan’s lawyers are Dai Peiqing and Wen Yu.

Date of trial:
Date of sentencing:
Verdict:
Sentence:
Location of detention/imprisonment:
Pudong New District Detention Centre in Shanghai

Description:
Taking the role of a citizen journalist, Zhang Zhan went to Wuhan on or around 1 February 2020 to report about the location COVID-19 pandemic situation, live broadcasting on her WeChat, Twitter (@consultorzhang) and YouTube accounts. She also provided assistance to those affected by the pandemic. Her live broadcast on the ground led to retaliation from the government. On 14 May 2020, she was taken back from Wuhan to Shanghai. On 15 May, the Pudong Branch of Shanghai Municipal Public Security Bureau criminally detained her on suspicion of “picking quarrels and provoking trouble”. Zhang Zhan’s family received a notification of her formal arrest on 20 June. Pudong New District Procuratorate in Shanghai on 19 June approved the formal arrest of Zhang Zhan for the charge of “picking quarrels and provoking trouble”. Zhang Zhan is currently detained at Pudong New District Detention Centre in Shanghai.

On 28 September, when Zhang Zhan met with her lawyer, her lawyer discovered that Zhang Zhan had lost a lot of weight. As a protest to refuse to admit to committing the offense, Zhang Zhan staged a hunger strike for over one month. Two or three officials at the detention centre forced fed Zhang Zhan with congee or liquid food every day but Zhang Zhan still refused to eat anything. Her health condition is worrying.

On 13 November 2020, Zhang Zhan’s indictment was circulated on the internet. According to the indictment, the authorities accused her of disseminating false information about the COVID-19 pandemic on WeChat, Twitter and YouTube and receiving interviews with overseas media, claiming that Zhang Zhan’s behaviours had caused serious public disorder. The indictment also included a list of witnesses to substantiate the allegations. In a rare move, the procuratorate also issued a recommendation on sentencing for her case. Even before any trial date being fixed, the procuratorate already suggested that the court should sentence Zhang Zhan to up to five years’ imprisonment.

Since 2019, Zhang Zhan retweeted a lot of videos and infographics about the Anti-Extradition Bill movement in Hong Kong on WeChat and other online platforms. She also conducted performing arts and held placards to support the protests. On 9 September 2019, she was summoned by Shanghai police for interrogation. She went missing afterwards. Later, her family was told that Zhang Zhan was criminally detained on suspicion of “picking quarrels and provoking trouble”. Her father was intimidated and did not want to disclose information about her detention. Zhang Zhan was released on 26 November 2019. According to sources, she was was twice forcibly diagnosed for “mental assessment” during detention.

Zhang Zhan was a former lawyer. Her legal practice was suspended after she took part in human rights activities and signed the campaign to call for amending the Measures on Managing Lawyers’ Practice of Law.

For more information:
https://www.dw.com/zh/%E5%BC%A0%E5%B1%95%E4%BC%9A%E8%A7%81%E5%BE%8B%E5%B8%88-%E6%98%8E%E6%98%BE%E6%B6%88%E7%98%A6%E4%B8%94%E4%BB%8D%E6%8B%92%E7%BB%9D%E8%BF%9B%E9%A3%9F/a-55087303
https://www.voacantonese.com/a/zhang-zhan-has-gone-on-hunger-strike-for-more-than-a-month-20201001/5604702.html
http://wqw2010.blogspot.com/2020/08/blog-post_69.html
http://wqw2010.blogspot.com/2020/06/blog-post_81.html
http://wqw2010.blogspot.com/2020/11/blog-post_24.html

Updated on: 18 November 2020

張寶成 – 積極參與民運和維權運動,以「尋釁滋事罪」和「宣揚恐怖主義、極端主義罪」被判刑三年半

#張寶成 於2020年11月10日以「尋釁滋事罪」和「宣揚恐怖主義、極端主義罪」被判刑三年半,罰款2000人民幣,預計2022年11月26日刑滿出獄。張寶成被指控於2018年8月至2019年5月期間,發佈超過2,000條辱罵國家領導人、反黨反政府等網上訊息,以及散發一條關於涉及暴力恐怖和極端主義的視頻。自2009年以來,張寶成積極參與中國的民運和維權運動。

#ZhangBaocheng was sentenced to 3.5 years imprisonment and fined RMB 2000 for “picking quarrels and provoking trouble” and “promoting terrorism and extremism”. He is expected to be released from prison on 26 November 2022. He was accused of posting over 2000 online messages criticizing government leaders and splitting the state and spreading one online video about terrorism and extremism between August 2018 and May 2019. Since 2009, he has been active in democratic movement and human rights movement in China.

 


姓名:張寶成

出生日期:1959年6月19日
職業:維權人士

被拘捕日期:2019年5月28日被公安拘留,住所被查抄(公安聲稱涉及槍械)
被拘捕地點:北京
被拘捕罪名:尋釁滋事罪;宣揚恐怖主義、極端主義、煽動實施恐怖活動罪
正式被捕日期:2019年7月4日
被起訴日期:2019年12月30日

法律代表:盧廷閣律師

審訊日期:2020年8月18日
審判日期:
判決結果:「尋釁滋事罪」和「宣揚恐怖主義、極端主義罪」罪名成立
刑期:以「尋釁滋事罪」被判三年有期徒刑;以「宣揚恐怖主義、極端主義罪」被判刑八個月,罰款兩千元人民幣,兩罪合併刑期三年半和罰款兩千元人民幣。預計2022年11月26日刑滿出獄。
關押地點:北京豐台看守所

案件簡介:資深維權人士張寶成於2019年5月28日「六四」屠殺30周年前夕被北京公安帶走,他住所被警察查抄,隨即被以「尋釁滋事罪」刑事拘留。2019年7月4日,被加控「宣揚恐怖主義、極端主義、煽動實施恐怖活動罪」正式逮捕。

2019年12月30日,張寶成被北京市人民檢察院第二分院正式起訴。據起訴書指控,張寶成於2018年8月至2019年5月期間,發佈超過2,000條辱罵國家領導人、反黨反政府等網上訊息,以及散發一條關於涉及暴力恐怖和極端主義的視頻。

被拘留超過近15個月,張寶成於2020年8月18日被北京市第二中級人民法院開庭審訊,法院不准他的好友旁聽。張被拘押於北京市豐台看守所。

2020年11月10日,張寶成以「尋釁滋事罪」被判三年有期徒刑;以「宣揚恐怖主義、極端主義罪」被判刑八個月,罰款兩千元人民幣,兩罪合併刑期三年半和罰款兩千元人民幣。預計2022年11月26日刑滿出獄。

 

張寶成是資深民主人士。他在新公民運動中,北京西單廣場舉牌十公民之一。自2009年以來,積極參與中國的民運和維權運動。自2011年以來多次被拘禁,包括2013年4月1日與袁冬等被北京公安以「非法集會罪」刑事拘留,被拘押於北京海淀區看守所。2014年4月17日,張寶成被北京海淀區法院以「聚眾擾亂公共場所秩序罪」判監兩年,2015年3月30日刑滿獲釋,據報被拘禁期間曾遭虐待。

參考更多資料:
https://twitter.com/changchengwai/status/1295755348855402502
https://twitter.com/chrdnet/status/1216218268400279552
http://wqw2010.blogspot.com/2020/08/2020818.html
http://wqw2010.blogspot.com/2020/08/blog-post_35.html
https://twitter.com/liu_juefan/status/1325991487608410114

資料更新:2020年11月10日

Name: Zhang Baocheng (張寶成)

Date of birth: 19 June 1959
Occupation: Activist

Date of detention: Seized by police on 28 May 2019 and his home was raided by the police (the police claimed they were searching for pistols)
Location: Beijing
Ground of detention: Picking Quarrels and Provoking Trouble, Promoting Terrorism, Extremism and Inciting Terrorist Activities
Date of formal arrest: 4 July 2019
Date of Indictment: 30 December 2019

Legal representation: Lu Tingge

Date of trial: 18 August 2020
Verdict: Convicted of “Picking Quarrels and Provoking Trouble” and “Promoting Terrorism and Extremism”
Sentence: Sentenced to 3 years imprisonment for “picking quarrels and provoking trouble” and 8 months for “promoting terrorism and extremism” and fined RMB 2000. The sentence was combined to 3.5 years imprisonment and a fine of RMB 2000. He is expected to be released from prison on 26 November 2022.
Location of detention/imprisonment: Fengtai Detention Centre, Beijing

Description: Veteran activist Zhang Baocheng was taken away by Beijing police on 28 May 2019, shortly before the 30th anniversary of the Tiananmen Massacre, and his home was raided. He was immediately criminally detained for “picking quarrels and provoking trouble”. On 4 July 2019, he was formally arrested with additional charges of “promoting terrorism, extremism and inciting terrorist activities”.

Zhang was indicted by the Beijing No. 2 People’s Procuratorate on 30 December 2019. According to the indictment, the allegations against him were based on over 2000 online messages criticizing government leaders and splitting the state and spreading one online video about terrorism and extremism between August 2018 and May 2019.

Zhang’s trial was held on 18 August 2020, nearly 15 months after he was first detained, at Beijing No. 2 Intermediate People’s Court. His friends were not allowed to come to his hearing. He is currently detained at Fengtai Detention Centre in Beijing.

On 10 November 2020, Zhang Baocheng was sentenced to 3 years imprisonment for “picking quarrels and provoking trouble” and 8 months for “promoting terrorism and extremism” and fined RMB 2000. The sentence was combined to 3.5 years imprisonment and a fine of RMB 2000. He is expected to be released from prison on 26 November 2022.

Zhang Baocheng is a long-time activist. He was one of the ten activists who held placards at Xidan Square in Beijing during the New Citizens’ Movement. Since 2009, he has been active in democratic movement and human rights movement in China. He has been frequently detained by the authorities since 2011, including being criminally detained for “illegal assembly” with fellow activist Yuan Dong and others by Beijing police and detained at Haidian District Detention Centre on 1 April 2013. He was sentenced to two years imprisonment for “gathering a crowd to disrupt order in a public place” by the Haidian District Court in Beijing on 17 April 2014. He was released from prison on 30 March 2015. He was reportedly ill-treated during detention.

For more information:
https://twitter.com/changchengwai/status/1295755348855402502
https://twitter.com/chrdnet/status/1216218268400279552
http://wqw2010.blogspot.com/2020/08/2020818.html
http://wqw2010.blogspot.com/2020/08/blog-post_35.html
https://twitter.com/liu_juefan/status/1325991487608410114

Updated on: 10 November 2020

李明哲- 成為首名以「顛覆國家政權罪」入獄的台灣人

2017年11月28日,#李明哲 被判處有期徒刑5年,褫奪政治權利2年。成為首名以「顛覆國家政權罪」入獄的台灣人。李明哲長期關注中國的人權和民主運動,與中國公民社會組織者在網上時有交流,被拘捕前擔任台北巿文山社區大學課程經理,也是多個人權團體義工。

On 28 November 2017, #LiMingche was sentenced to five years in prison and two years of deprivation of political rights. He became the first Taiwanese to be sentenced for subverting state power in Mainland China. Over the years, Li Ming-che has been interested in the human rights and democratic movements in Mainland China and exchanged with Chinese civil society activists on the Internet. Before his detention, he served as the programme manager of Wenshan Community College in Taipei City and a volunteer for various human rights groups.

姓名:李明哲 (Li Ming-che)

出生日期:1975年2月25日
職業:台北巿文山社區大學課程經理,多個人權團體義工

被拘捕日期:2017年3月19日
被拘捕地點:由台北飛抵澳門,從珠海拱北關口進入中國時被捕
被拘捕罪名:「顛覆國家政權罪」

正式被捕日期:2017年5月12日
被起訴日期:2017年7月2日

法律代表:李明哲太太李淨瑜拒絕為他聘請律師,當局安排官派律師張國輝、張忠偉擔任李明哲辯護人

審訊日期:2017年9月11日
審判日期:2017年11月28日
判決結果:罪名成立
刑期:有期徒刑5年,褫奪政治權利2年。關押地點:湖南赤山監獄

案件簡介:
李明哲長期關注中國的人權和民主運動,與中國公民社會組織者在網上時有交流,得知中國的朋友有閱讀人權、近代史書籍的需求,曾自費寄贈文學與社會科學類書籍到中國, 2016年8月寄書遭中國政府查扣沒收。被拘捕前擔任台北巿文山社區大學課程經理,也是多個人權團體義工。

2017年3月19日,李明哲由台灣飛抵澳門後從拱北口岸進入中國,擬再赴廣州訪友,但友人在關口外並未相遇,李明哲亦沒去原擬入住的地方。 3月24日,文山社區大學及家屬等召開記者會,要求中國海關公開錄影以展示李的行踨。 3月29日,中國國務院台灣事務辦公室(下稱國台辦)證實,李明哲因涉嫌從事危害國家安全活動被有關部門扣留調查,因涉嫌危害國家安全且還在偵查階段,未透露具體細節。事後起訴書則指他當時被廣州市國家安全機關監視居住。經湖南省長沙市人民檢察院批准後,2017年5月12日由湖南省長沙市國家安全局正式逮捕,7月2日與另一被告彭宇華被以「顛覆國家政權罪」起訴。

2017年9月11日,李明哲於湖南省岳陽市中級人民法院與另一被告彭宇華同庭受審。官方安排的湖南嶽州律師事務所張國輝、張忠偉律師擔任李明哲辯護人。李明哲遭秘密拘押近半年後首次露面,當庭承認「散佈惡意攻擊中國大陸現行制度、中國大陸當局的文章與言論,撰寫惡意抹黑制度的資料文字,實施顛覆國家政權行為」,李明哲母親及妻子李淨瑜獲准入庭旁聽,並與李短暫交談。 2017年11月28日,李明哲被判處有期徒刑5年,褫奪政治權利2年,成為首名以「顛覆國家政權罪」入獄的台灣人。李明哲表示不會上訴。其後在法院批准下和妻子短暫交談。

李明哲妻子李淨瑜研究台灣白色恐怖多年,認為中國抓捕李明哲是綁架和羅織入罪。她拒絕中國所提出要她噤聲換取私下救援,不承認中國現行「法庭」已經「法治化」,也拒絕為李聘請中國律師。李淨瑜指李明哲遭受虛假審判,被迫認罪,她透過國際求援令「李明哲案」在歐洲和美國獲得重視,如:2017年7月6日,歐洲議會通過呼籲中國釋放李明哲的決議;美國國會於2017年6月13日將李明哲列入政治犯名單,以作協助救援。2017年6月23日,聯合國人權理事會下設的特別機制「任意逮捕及強迫失蹤工作小組」正式回覆受理「李明哲案」。但中國亦因此多番以不准探視李明哲,不讓李明哲開通依中國監獄規定可以申辦的「親情電話卡」作出報復。

參考更多資料:
李明哲事件的始末介紹
李淨瑜的訪問

資料更新:2020年10月20日

Name: Li Ming-Che (李明哲)

Date of birth: 25 February 1975
Occupation: Programme manager of Wenshan Community College of Taipei. Volunteer for many NGOs.

Date of detention: 19 March 2017
Location: He flew from Taiwan to Macau and was detained when he entered China at the Gongbei Port
Ground of detention: Inciting subversion of state power

Date of formal arrest: arrested by the State Security Bureau of Changsha City, Hunan Province on 12 May 2017
Date of Indictment: 2 July 2017

Legal representation: Li Ming-che’s wife, Li Ching-yu, refused to hire a lawyer for Li Ming-Che because she does not recognize that China’s current “court” as “ruled by law”. The authorities appointed lawyers Zhang Guohui and Zhang Zhongwei for Li.

Date of trial: 11 September 2017
Date of sentencing: 28 November 2017
Verdict: Convicted of inciting subversion of state power
Sentence: Li was sentenced to 5 years in prison and deprived of political rights for 2 years. He became the first Taiwanese to be sentenced for subverting state power in Mainland China.
Location of detention/imprisonment: Chishan Prison, Hunan Province

Description:
Over the years, Li Ming-che has been interested in the human rights and democratic movements in Mainland China and exchanged with Chinese civil society activists on the Internet. He donated and sent books on literature and social sciences after he had learned that his friends in China wished to read books on human rights and modern history. In August 2016, his parcel to China was confiscated by the Chinese government. Prior to his detention, he served as the programme manager of Wenshan Community College in Taipei City and a volunteer for various human rights groups.

On 19 March 2017, he flew from Taiwan to Macau and entered China through Gongbei Port. He planned to go to Guangzhou to visit friends. However, his friends did not see him at Gongbei Port as appointed and Li did not show up at the place where he originally planned to stay in Guangzhou. On 24 March, Wenshan Community College and Li’s family members held a press conference and demanded China Customs to disclose the video clips to help track Li’s whereabouts. On 29 March, the Taiwan Affairs Office of the State Council of China confirmed that Li Ming-che had been detained and investigated by relevant authorities for allegedly engaging in activities which would endanger state security. The spokesperson refused to disclose specific details because it was a case related to state security under investigation. The subsequent indictment stated that at that time, Lee was under residential surveillance by the Guangzhou State Security Bureau. The formal arrest was approved by the People’s Procuratorate of Changsha City, Hunan Province, enforced by the State Security Bureau of Changsha City, Hunan Province on 12 May, 2017. On 2 July, he was charged with the offense “inciting subversion of state power” along with another defendant, Peng Yuhua.

On 11 September 2017, Li Ming-che was tried with another defendant, Peng Yuhua, at the Intermediate People’s Court of Yueyang City, Hunan Province. The authorities arranged Zhang Guohui and Zhang Zhongwei of Hunan Yuezhou Law Firm to serve as Li’s defenders. It was the first appearance of Li Ming-che since his secret detention in March 2017. He admitted at court that he was “spreading speeches and articles that maliciously attacking the current system of Mainland China and the Mainland Chinese authorities, writing texts that maliciously defaming the system and subverting state power." Li Ming-Che’s mother and wife were allowed to attend the hearing and talked briefly with Li after the hearing. On 28 November, 2017, Li Ming Che was sentenced to five years in prison and two years of deprivation of political rights. He became the first Taiwanese to be sentenced for subverting state power in Mainland China. Li Ming Che did not appeal. The court allowed him to hold a brief conversation with his wife after delivering the sentence.

Li Ming-che’s wife, Li Ching-yu, has researched on Taiwan’s white terror for many years and considers China’s arrest of Li Ming-che as kidnapping and the so-called subversion offense he was accused of as groundless. She rejected China’s offer to remain silence in exchange for private assistance. Furthermore, she does not recognize that China’s current “legal system" as “ruled by law," and therefore refused to hire a Chinese lawyer for Li. Li Ching-yu alleged that Li Ming-che faced an unjust trial and was forced to plead guilty. Her outspokenness and her international appeals made Li Ming-che’s case to be taken seriously in Europe and the United States (e.g. on 6 July 2017, the European Parliament passed a resolution calling on the Chinese authorities to release Li Ming-che; the US Congress added Li to the list of political prisoners in 2017 and the UN Human Rights Council’s Working Group on Enforced or Involuntary Disappearances accepted his case on 23 June 2017 and etc.). As retaliation, the Chinese authorities repeatedly prohibited Mrs Li from visiting her husband and deprived Li Ming-che’s right to get a “family phone card”, which he was entitled to apply in accordance with China’s prison regulations.

For more information
Timeline of Li Ming-che’s case
China: Violation of Li Ming-che’s rights as a prisoner

Updated: 27 October 2020

李昱函 – 人權律師被拘押三年仍未審判,患多種疾病狀況令人擔憂

2017年10月9日,#李昱函 律師前往遼寧省瀋陽市為一當事人辦案時,在火車站被瀋陽市公安局和平分局警察帶走;10月31日被瀋陽市和平區警方以涉嫌「尋釁滋事罪」刑事拘留,拘押至今三年仍未審判 。李昱函年過60,患有七種疾病,狀況令人擔憂。

On 9 October 2017, when lawyer #LiYuhan went to Shenyang City of Liaoning Province to handle a case for a client, she was taken away from the railway station by the police from Heping District of Shenyang Public Security Bureau. On 31 October 2017, she was put under criminal detention for “picking quarrels and provoking troubles”. She has been detained for over three years but no trial date has yet been set. She suffers from 7 illnesses. Her situation is worrying.

姓名:李昱函 (Li Yuhan)

出生日期:1957年10月9日
職業:人權律師

被拘捕日期:2017年10月9日
被拘捕地點:前往遼寧省瀋陽市為一名當事人辦案時,突然在火車站被瀋陽市公安局和平分局警察帶走
被拘捕罪名:「尋釁滋事罪」

正式被捕日期:2017年11月15日,被瀋陽市和平區檢察院以同罪名正式批捕
被起訴日期:2018年3月,她被加控詐騙罪,兩項控罪移交檢察院審查起訴

法律代表:原為馬衛和吳莉律師,李昱函考慮到兩位律師面臨的風險和壓力,於2020年4月18日解除了委託關係。現任律師為藺其磊律師

審訊日期:原定2019年4月9日一審,但被突然取消,之後多次推延審訊日期,至今被拘捕滿三年仍未審未判
審判日期:
判決結果:
刑期:
關押地點:
瀋陽市第一看守所

案件簡介:
李昱函在1990年考取律師資格,1991年開始在家鄉遼寧執業;多年來因參與維權案件,而遭到當局的打壓和迫害。 2006年,因舉報瀋陽市一黑社會頭目,遭到與其勾結的瀋陽市和平區警方報復,被綁架、關押與暴力對待。 2009年,為逃避遼寧警方迫害前往北京工作,開始在北京市敦信律師事務所執業。

2015年709大抓捕期間,李昱函勇敢地擔任被捕人權律師王宇的辯護律師,因而被當局列為重點管控律師。而沈陽市公安局因為李昱函早年的舉報行動,一直尋機報復她。

2017年10月9日,當其在前往遼寧省瀋陽市為一當事人辦案時,突然在火車站被瀋陽市公安局和平分局警察帶走;2017年10月31日被瀋陽市和平區警方以涉嫌「尋釁滋事罪」刑事拘留;同年11月15日,被瀋陽市和平區檢察院以同罪名正式批捕。 2018年3月,她被加控詐騙罪,兩項控罪移交檢察院審查起訴。 2019年4月9日,原定在瀋陽巿和平區法院開庭,臨時被取消,被捕至今已三年仍未審未判。

李昱函年過60歲,患有七種疾病:心律失常、冠心病、不穩定性心絞痛、甲亢、糜爛性胃炎、頭外傷腦震盪(長期維權被打的)和腦梗。她被刑拘後,有至少80名維權律師與異議人士聯署聲明,要求沈陽警方盡快釋放李昱函,以保障她的身體健康。

李律師在被拘留期間,受到酷刑和虐待。看守所官員和犯人一直折磨她,只准讓她用冰冷的洗澡;扣減她的食物;不讓家人送藥給她;把她的蔬菜水果放在廁所地板上,故意在上面拉尿後才再讓她去吃;親友為其存錢亦被看守所拒絕等。

2020年6月4日,李昱函律師的辯護律師馬衛、吳莉與家屬,去遼寧省瀋陽市看守所要求會見時被告知,李昱函已解除與兩名律師的委託關係,律師當場要求見本人核實,看守所安排三人短暫見面,確認由李昱函考慮到兩位律師面臨的風險和壓力,於2020年4月18日解除了委託關係,但當局一直未有通知律師。李昱函的現任律師為藺其磊律師。

藺律師在2020年10月27日和李昱函見面李昱函律師認為起訴書指控其涉嫌尋釁滋事罪的是完全不能成立,所謂的詐騙罪更是為了迫害打壓她多年維權而蒐集的荒唐指控。簡單的案件事實卻長達三年多還沒有結果更印證了其案只是為了打壓她,她拒絕司法機關要其寫「認罪認罰書」而換取早日獲釋,她堅決不認罪。

律師因為超期羈押的問題,曾向法院申請取保候審;也因她的健康情況要求保外就醫但不獲理會。

參考更多資料:
http://wqw2010.blogspot.com/2019/03/201949.html 
https://www.chinaaid.net/2020/01/blog-post_9.html

資料更新:2020年10月30日

Name: Li Yuhan (李昱函)

Date of birth: 9 October1957
Occupation: Human rights lawyer

Date of detention: 9 October 2017
Location: Li Yuhan went to Shenyang City, Liaoning Province to handle a case for a client. She was taken away by the police from the Heping District of Shenyang Public Security Bureau.
Ground of detention: Picking quarrels and provoking trouble

Date of formal arrest: 15 November 2017. She was officially arrested by Shenyang City’s Heping District Procuratorate on the same charge.
Date of Indictment: In March 2018, she was additionally charged with fraud. The two charges laid against her were transferred to the procuratorate for consideration of indictment.

Legal representation: Her lawyers were formerly Ma Wei and Wu Li. Li Yuhan were worried about the pressure and risk the two lawyers would face and terminated their representation on 18 April 2020. Her current lawyer is Lin Qilei

Date of trial: The trial was first scheduled to be held on 9 April 2019 but was canceled shortly before then. Her trial has been rescheduled for several times. She has been detained for more than three years and no hearing has ever taken place.
Date of sentencing:
Verdict:
Sentence:
Location of detention/imprisonment:
No. 1 Detention Centre of Shenyang City

Description:
Li Yuhan became a lawyer in 1990 and began to practice in her home province Liaoning in 1991. Over the years, she has been suppressed and persecuted by the authorities for her engagement in cases defending human rights. In 2006, after exposing a mafia head in Shenyang, who was “protected” by the Heping District police, Li was kidnapped, detained and physically assaulted by the authorities. In 2009, in order to escape the persecution from police in Liaoning Province, she went to work in Beijing and began to practice in Beijing Dunxin Law Firm.

During the 709 Crackdown in 2015, Lawyer Li represented Lawyer Wang Yu (王宇), the major target in a campaign of mass arrests against human rights lawyers in China. Since then, she was under constant surveillance.

On 9 October 2017, when she went to Shenyang City of Liaoning Province to handle a case for a client, she was taken away from the railway station by the police from the Heping District of the Shenyang Public Security Bureau, who had been planning for retaliation over the years. On 31 October 2017, she was put under criminal detention for “picking quarrels and provoking troubles"; on 15 November, she was formally arrested by the Heping District Procuratorate of Shenyang City on the same charge. In March 2018, she was additionally charged with fraud and the two charges were transferred to the procuratorate. The first hearing was originally scheduled to be held on 9 April 2019 at the Heping District Court of Shenyang City, but was canceled shortly before then. It has been three years since her detention, she has neither been tried or judged.

Li Yuhan is over 60 years old and suffers from seven medical conditions: arrhythmia, coronary heart disease, unstable angina, hyperthyroidism, acute erosive gastritis, cerebral concussion (from violent assaults due to her work), and cerebral ischemia. Over 80 human rights lawyers and dissidents jointly signed a statement demanding the Shenyang police to release Li Yuhan as they were particularly concerned about her health.

Li has made serious allegations of torture from the detention center guards and other detainees. They forced to take shower with cold water in winter, gave her very little food, refused her family to give her medicine. They would put her vegetables and fruits on the toilet floor, urinated on them at will, before they gave them to Li. Her family was not allowed to send her money to spend in the detention centre.

On 4 June 2020, her lawyers Ma Wei, Wu Li and her family demanded to visit her in the No.1 Detention Center of Shenyang City. The two lawyers were told that Li Yuhan had terminated their representation, they demanded to hear it directly from Li. Li confirmed that she terminated their representation on 18 April 2020, as she worried her lawyers would face enormous pressure from the authority. However, the authority failed to inform her lawyers. Her current lawyer is Lin Qilei

Lawyer Lin met with Li Yuhan on 27 October 2020. Li Yuhan believes that the charge of provoking quarrels is completely unfounded and the so-called fraud is a ridiculous accusation, they are simply made up to crack her down and stop her from defending human rights. The fact that such a simple case could have taken more than three years without any outcome confirms that it is groundless. She refused the judicial authorities’ offer to write a “confession letter" in exchange for earlier release and would plead not guilty, if a hearing would take place.

Due to the overdue custody, her lawyers applied to the court for bail pending trial; they also applied for medical parole due to her health condition, both of the applications were not granted.

For more information:
https://www.nchrd.org/2017/12/li-yuhan/

Updated: 2 November 2020

常瑋平 – 維權律師被指危害國家安全,遭以坐「老虎櫈」酷刑對待

#常瑋平 律師於2020年10月22日在陝西省寶雞市鳳翔縣老家被寶雞市高新區分局公安帶走,公安只致電其妻子,表示常瑋平因危害國家安全,違反法律規定,被「指定居所監視居住」。2020年10月16日,常瑋平在其YouTube頻道「趣寶日誌」上發表視頻,談及他被「指定居所監視居住」時遭酷刑對待,被關在賓館裡10天,每天都坐「老虎櫈」,以致右手食指和無明指麻木沒有知覺。

Human rights lawyer #ChangWeiping was taken away by police officers from Gaoxin District Branch of Baoji City in Shaanxi Province on 22 October 2020. The police officers only telephoned Chang’s wife, telling her that Chang Weiping had been placed under “residential surveillance in a designated location”. On 16 October, Chang Weiping released a video on his YouTube channel, saying how he was tortured when he was placed under “residential surveillance in a designated location”. He recalled that when he was detained a guesthouse, he was tied to a “tiger bench” for the whole period of detention for ten days. As a result, his right index finger and ring finger are still numb.


姓名:常瑋平

出生日期:1984年4月14日
職業:律師

被拘捕日期:2020年10月22日
被拘捕地點:陝西省寶雞市鳳翔縣老家被寶雞市高新區分局公安帶走,沒有任何手續
被拘捕罪名:公安透過電話告訴他妻子,常瑋平因為危害國家安全,違反法律規定被「指定居所監視居住」

正式被捕日期:
被起訴日期:

法律代表:張庭源、張科科

審訊日期:
審判日期:
判決結果:
刑期:
關押地點:不明

案件簡介:
常瑋平於2020年10月22日在陝西省寶雞市鳳翔縣老家被寶雞市高新區分局公安帶走,公安只致電常瑋平的妻子,表示常瑋平因危害國家安全,違反法律規定,被「指定居所監視居住」,但沒有給任何手續和文件。

2020年10月26日,張庭源律師和張科科律師與常瑋平的父親到高新區公安分局。兩位律師申請會見,要求公安給予辦案單位和負責人員的資料,向家屬交付扣押常瑋平的相關法律文件,並代常瑋平申請取保候審,也向公安表達了視乎情況而決定是否投訴有關部門和人員。但公安以常瑋平涉嫌顛覆國家安全和事由涉及國家秘密,拒絕透露關押地點和偵查細節。

約於被帶走前一個星期,2020年10月16日,常瑋平在其YouTube頻道「趣寶日誌」上發表一個視頻,談及他在1月份被「指定居所監視居住」時被酷刑對待,他憶述他被關在一個賓館裡,被關的10天,每天都坐「老虎櫈」,令他的右手食指和無明指至少仍麻木,沒有知覺。他也表示擔心自己會再被關押,並聲明自己不會自殺,沒有致命的重大疾病,並強調不接受官派律師。

常瑋平因為2019年12月的「廈門聚會」,2020年1月12日被西安公安帶走,辦案單位也是寶雞市高新區公安分局,國保致電常瑋平妻子告知常瑋平因危害國家安全被「指定居所監視居住」。被秘密關押其間,陝西省司法廳註銷了常瑋平的律師執業證。常瑋平於1月21日獲釋回家。據常瑋平的父親描述,常瑋平取保回家後,必須天天向國保報告行踪,不准離開寶雞巿,令他精神很困擾。

常瑋平作為律師,長年接辦公益和維權案件,包括愛滋歧視、乙型肝炎歧視、職場性騷擾、性別歧視等議題,也曾擔任多位公民、訪民、人權捍衛者的辯護律師。

參考更多資料:
http://wqw2010.blogspot.com/2020/10/blog-post_23.html
http://wqw2010.blogspot.com/2020/10/blog-post_52.html
http://wqw2010.blogspot.com/2020/10/blog-post_26.html
“1226大抓捕”傳酷刑 律師二度遭監視居住
人權律師常瑋平再遭監視居住 曾透露遭酷刑 聲明不自殺、不接受官派律師
https://www.rfa.org/mandarin/yataibaodao/renquanfazhi/cm-10232020120913.html
https://cmcn.org/archives/45526

資料更新:2020年11月2日

Name: Chang Weiping

Date of birth: 14 April 1984
Occupation: Lawyer

Date of detention: 22 October 2020
Location: Taken away by police officers from Gaoxin District Branch of Baoji City Public Security Bureau from his hometown in Fengxiang County, Baoji City, Shaanxi Province. The police did not show any notice to his family when they detained him.
Ground of detention: the police officers telephoned his wife, telling her that Chang Weiping was placed under “residential surveillance in a designated location” as he violated legal requirements and endangered national security.

Date of formal arrest:
Date of Indictment:

Legal representation: Zhang Tingyuan, Zhang Keke

Date of trial:
Date of sentencing:
Verdict:
Sentence:
Location of detention/imprisonment: Unclear

Description:

Chang Weiping was taken away by police officers from Gaoxin District Branch of Baoji City in Shaanxi Province on 22 October 2020. The police officers only telephoned Chang’s wife, telling her that Chang Weiping had been placed under “residential surveillance in a designated location”. The police did not give Chang’s family any notice or documents when they detained him.

On 26 October 2020, lawyers Zhang Tingyuan and Zhang Keke together with Chang Weiping’s father went to Gaoxin District Public Security Branch. The two lawyers requested to meet Chang Weiping. They asked the public security to provide information about the investigation unit and the officers handling Chang Weiping’s case. They demanded the authorities to provide the relevant legal documents about Chang Weiping’s detention to Chang’s family. The lawyers also helped Chang Weiping to apply for “release on bail” on his behalf. They also told the public security that they would decide if they would file complaints against the relevant departments and personnel, depending on the situation. But the public security rejected their requests and declined to disclose the location of Chang Weiping’s detention and the details of the investigation, claiming that Chang Weiping is on suspicion of “subverting state power” and the reason involves state security.

About a week before his detention, on 16 October, Chang Weiping released a video on his YouTube channel, saying how he was tortured when he was placed under “residential surveillance in a designated location”. He recalled that when he was detained a guesthouse, he was tied to a “tiger bench” for the whole period of detention for ten days. As a result, his right index finger and ring finger are still numb. He expressed concern that he would be detained again. He stated that he would not kill himself and he did not suffer from any serious illness. He also emphasized that he would not accept government-appointed lawyers to represent him.

As he took part in the “Xiamen Gathering” in December 2019, Chang Weiping was taken away by Xi’an police on 12 January 2020. The investigation unit handling his detention at that time was also the Gaoxin District Public Security Branch in Baoji City. The state security police officer called his wife, telling her that Chang Weiping was placed under “residential surveillance in a designated location” as he endangered national security. During his detention, the Shaanxi Provincial Department of Justice suspended Chang Weiping’s legal practice license. On 21 January, Chang Weiping was released and returned home. According to Chang Weiping’s father, after his release, Chang Weiping was required to report to the state security police about his whereabouts every day and was not allowed to leave Baoji City, making Chang Weiping very annoyed.

As a lawyer, Chang Weiping had worked on public interest and human rights cases over the years, including discrimination against HIV carriers and Hepatitis B carriers, sexual harassment in workplace and gender discrimination. He had also represented many citizens, petitioners and human rights defenders as their defense counsel.

For more information:
http://wqw2010.blogspot.com/2020/10/blog-post_23.html
http://wqw2010.blogspot.com/2020/10/blog-post_52.html
http://wqw2010.blogspot.com/2020/10/blog-post_26.html
“1226大抓捕”傳酷刑 律師二度遭監視居住
人權律師常瑋平再遭監視居住 曾透露遭酷刑 聲明不自殺、不接受官派律師
https://www.rfa.org/mandarin/yataibaodao/renquanfazhi/cm-10232020120913.html
https://cmcn.org/archives/45526

Updated on: 2 November 2020