許志永 – 法律學者

法律學者許志永被捕原因可能和2019年12月13日在福建廈門參與的一次聚會有關,當時聚會者討論時政和中國未來,分享推動公民社會建設的經驗。2019年12月26日,聚會多名參與者突然被警方跨省抓捕,包括許志永在內多名公民、律師因而逃亡。這次拘捕行動被稱為「1226 公民案」,多名參與聚會人士先後被以「涉嫌煽動顛覆國家政權罪」拘留、監視居住及取保候審。逃亡期間,許志永2月4日發出致習近平《勸退書》,抨擊習面對新冠疫症和香港的和平示威施政無能。 2月15日他在朋友楊斌廣州家中被公安帶走後與外界失去聯絡。

Legal scholar Xu Zhiyong’s arrest is believed to be related to a gathering in Xiamen, Fujian Province on 13 December 2019. At the gathering, participants discussed current affairs and China’s future, and shared experiences in promoting civil society. However, on 26 December 2019, many participants of the gathering were suddenly detained by the police across different provinces, and many activists and lawyers including Xu Zhiyong fled. This mass detention is known as “1226 Crackdown”. Many participants were detained on suspicion of inciting subversion of state power, under residential surveillance and released on bail pending trial. During the two months of hiding, Xu published an open letter calling for President Xi Jinping to step down, demanding that Xi be held responsible for the government’s handling of the coronavirus epidemic and the peaceful protests of Hongkongers. On 15 February 2020, he was taken away from his friend Yang Bin’s house in Guangzhou City.


姓名:許志永

出生日期:1973年3月2日
職業:原為法學講師,2009年起被剝奪授課資格。著名公民維權人士。

被拘捕日期:2020年2月15日,許志永在律師楊斌廣州家中被捕,當天深夜他的女友李翹楚也被公安從北京帶走,住處被抄家。
被拘捕地點:律師楊斌廣州家中
被拘捕罪名:3月初,當局向許志永姐姐表示會向許提出「煽動顛覆國家政權罪」的指控,他被「指定居所監視居住」,包括律師在內所有人都不獲准同許志永見面。
正式被捕日期:2020年6月20日,他的親屬接到山東警方電話通知,許志永已被批准逮捕。
被起訴日期:

法律代表:許志永的辯護律師為梁小軍、張磊。山東臨沂市公安局向許的律師出具的「准予會見犯罪嫌疑人決定書」顯示,許志永被當局指控涉嫌犯有「煽動顛覆國家政權罪」。8月20日梁小軍、張磊提出申請函,要求山東省臨沂市公安局依法讓律師會見許志永。

審訊日期:
審判日期:
判決結果:
刑期:
關押地點:未明。

案件簡介:許志永被捕原因可能和2019年12月13日在福建廈門參與的一次聚會有關,當時聚會者討論時政和中國未來,分享推動公民社會建設的經驗。2019年12月26日,聚會多名參與者突然被警方跨省抓捕,包括許志永在內多名公民、律師因而逃亡。這次拘捕行動被稱為「1226 公民案」。多名參與聚會人士先後被以「涉嫌動顛覆國家政權罪」拘留、監視居住及取保候審,如戴振亞、張忠順、李英俊、李翹楚、許志永、丁家喜等。

逃亡期間,許志永2月4日發出致習近平《勸退書》,抨擊習面對新冠疫症和香港的和平示威施政無能。 2月15日他在朋友楊斌廣州家中被公安帶走後與外界失去聯絡。楊斌和丈夫兒子也一度被扣查,楊斌個人手機、電腦等也被查抄。同日,許的女友李翹楚在北京亦被公安帶走,至6月19日才獲取保候審。中國獨立紀錄片導演與詩人陳家坪因拍攝許志永的紀錄片,遭中國政府以「煽動顛覆國家政權罪」於3月6日拘捕,被公安以「指定居所監視居住」,無法與外界聯絡。8月初,曾收留許志永的楊斌收到廣東省司法廳通知,將會註銷她的律師執業證。

8月9日,李翹楚在推特刊出羈押許志永的山東臨沂公安局回覆文件,指她申請公開的8項信息,包括許志永的身體狀況,以及看守所電腦系統沒有許志永資料的原因等,均不屬於政府信息而被拒絕。李翹楚表示,法定2個月的案件偵查期將於8月19日屆滿,擔心許志永健康狀況,以及當局會否繼續「秘密羈押」。 8月20日,梁小軍、張磊提出申請函,要求山東省臨沂市公安局依法安排律師會見許志永。

許志永是公盟創始人之一,新公民運動主要創始人。2002年取得法學博士學位後,擔任北京郵電大學法學院講師。2003年11月當選北京海淀區人大代表,2006年連任。 2005年下半年,為耶魯大學中國法研究中心訪問學者。2009年起,許志永被剝奪授課資格。許志永於2003年參與「三博士上書事件」,主張廢止收容遣送制度,從此成為中國境內公民運動及法律維權要角至今。但他因推動國民平等教育權利,及要求官員公布財產,2013年7月首度被捕,翌年被判4年有期徒刑,於2017年7月出獄。許出獄後持續推動公民運動及政治民主化。

更多參考資料:
許志永致習近平的《勸退書》:https://cmcn.org/archives/46079
楊斌律師將被取消律師執業證:https://hk.appledaily.com/china/20200811/COS564UQL3OEPPDPZVE6LGN574/
李翹楚的推特:https://twitter.com/liqiaochu01/status/1295968677783715842

資料更新:2020年8月28日

Name: Xu Zhiyong (許志永)

Date of birth: 2 March 1973
Occupation: Legal scholar, prominent civil rights activist. Xu was a university lecturer until 2009 when the authority revoked his teaching license.

Date of detention: 15 February 2020. Xu was taken away from a friend’s home in Guangzhou city, later that night, Xu’s girlfriend Li Qiaochu was taken away from her home in Beijing, her flat was searched.
Location: In Lawyer Yang Bin’s farmhouse in Guangzhou. Yang is a good friend of Xu.
Ground of detention: In early March, the authority verbally informed Xu’s elder sister that he had been held under “Residential Surveillance in a Designated Location” on the charge of “inciting subversion of state power” and he would not be allowed to see anyone, including lawyers of his choice.
Date of formal arrest: On 20 June 2020, his family received a phone call from the police department of Shandong Province, informing them Xu was formally arrested.
Date of Indictment:

Legal representation: Lawyer Liang Xiaojun and Lawyer Zhang Lei. The Linyi City Public Security Bureau of Shandong Province issued a “Decision on declining visits to criminal suspects" to Xu’s lawyers, stating that Xu Zhiyong was accused of “inciting subversion of state power." On 20 August, Xu’s lawyers filed an application, requesting the Linyi City Public Security Bureau to grant Xu access to lawyers’ visits in accordance with the law.
Date of trial:
Date of sentencing:
Verdict:
Sentence:
Location of detention/imprisonment: Unknown

Description: Xu Zhiyong’s arrest is believed to be related to a gathering in Xiamen, Fujian Province on 13 December 2019. At the gathering, participants discussed current affairs and China’s future, and shared experiences in promoting civil society. However, on 26 December 2019, many participants of the gathering were suddenly detained by the police across different provinces, and many activists and lawyers including Xu Zhiyong fled. This mass detention is known as “1226 Crackdown” 「1226 公民案」. Many participants were detained on suspicion of inciting subversion of state power, under residential surveillance and released on bail pending trial, such as Dai Zhenya, Zhang Zhongshun, Li Yingjun, Li Qiaochu, Xu Zhiyong, Ding Jiaxi, etc.

During the two months of hiding, Xu published an open letter calling for President Xi Jinping to step down, demanding that Xi be held responsible for the government’s handling of the coronavirus epidemic and the peaceful protests of Hongkongers. On 15 February 2020, he was taken away from his friend Yang Bin’s house in Guangzhou City. Yang Bin, her husband and son were also detained and questioned for a day, her computer and mobile phone were taken away by the police. Later that night, Xu’s girlfriend Li Qiaochu was also detained by the police in Beijing, her flat was searched. Li Qiaochu was released on bail on 19 June 2020, after being detained incommunicado for four months. Chen Jiaping, a Beijing-based documentary filmmaker and poet, was detained on 6 March by Chinese authorities and charged for allegedly subverting the state after covering a story on Xu. Chen has been held under “Residential Surveillance in a Designated Location” and could be reached neither by his family nor lawyers. Lawyer Yang Bin was informed by the Department of Justice of Guangdong Province that her lawyer’s license would be revoked, a heavy price for sheltering Xu Zhiyong in her house for a week.

On 9 August, Li Qiaochu tweeted the official reply from Linyi City Public Security Bureau in denying her application to know about the current situation of Xu, including his health conditions and his whereabouts. Li Qiaochu said that the statutory two-month investigation period would expire on 19 August and she is worried about Xu Zhiyong’s health and whether the authorities will continue to hold him incommunicado. On 20 August, Xu’s lawyers Liang Xiaojun and Zhang Lei submitted an application, requesting the Linyi City Public Security Bureau of Shandong Province to let them meet Xu Zhiyong in accordance with the law.

Xu Zhiyong is one of the founders of NGO Open Constitution Initiative (aka Gongmeng) and the key founder of the New Citizens’ Movement. After obtaining a doctorate in law in 2002, he served as a lecturer at Beijing University of Post and Telecommunications. In November 2003, he was elected as a representative to the People’s Congress of Haidian District in Beijing and was re-elected in 2006. In the second half of 2005, he was a visiting scholar at the Yale University Chinese Law Research Center. Due to his activism, Xu was deprived from teaching since 2009. Together with two other legal academics, Xu Zhiyong advocated to abolish the detention and repatriation system in 2003. Since then, he has become a vocal civil rights and legal activist in China. He was arrested for the first time in July 2013 for protesting for the education rights of China’s internal migrants and his campaign to get officials to release information about their personal assets. He was sentenced to four years for “gathering crowds to disrupt public order" the following year and released in July 2017. After his release, he continued to promote civil rights and political democratization.

For more information:
Interview with Lawyer Yang Bin, 22 August 2020: https://www.scmp.com/news/china/politics/article/3098418/darkness-worse-virus-why-chinese-former-prosecutor-chose
Xu’s Open Letter to Xin Jinping: https://www.chinafile.com/reporting-opinion/viewpoint/dear-chairman-xi-its-time-you-go (English translation)
Li Qiaochu’s twitter account: https://twitter.com/liqiaochu01/status/1295968677783715842

Updated: 29 August 2020