余文生 – 被秘密拘禁和審訊,以「煽動顛覆國家政權罪」判刑4年

#余文生 於2018年1月18日中共召開十九大二中全會期間發表《修憲公民建議書》,提出刪除《憲法序言》等政治改革建議,翌日在北京家外被公安帶走,其後被秘密拘禁和審訊。他的妻子許艷向當局多番追問余文生的情況, 2020年6月17日接到徐州市檢察署電話,告知余文生已被以「煽動顛覆國家政權罪」判刑4年,剝奪政治權利3年。余文生辯護律師盧思位於2020年8月13日才獲准在江蘇省高級人民法院審閱該案資料;次日於徐州市看守所首次會見余文生。見面一個多小時,律師發現余文生身體出現問題,包括牙齒有毛病,右手一直發抖,不能再寫字,上訴狀只能以左手書寫。當局至今不容許他的妻子和孩子與他見面。

On 18 January 2018, human rights lawyer #YuWensheng published an open letter recommending amendments to the Chinese constitution, calling for fair elections and an oversight system for the Chinese Communist Party, amongst other reforms.  The next day, a dozen of police officers took him away outside his home in Beijing. After repeatedly asking the authorities about Yu’s situation, Yu’s wife Xu Yan eventually received a call from Xuzhou City Procuratorate on 17 June 2020, who informed her that Yu was convicted of “inciting subversion of state power” and he was sentenced to four years’ imprisonment, followed by three years’ deprivation of political rights. On 13 August 2020, Yu’s lawyer Lu Siwei was finally allowed to read the documents related to his case in the Higher People’s Court of Jiangsu Province. When the lawyer met with Yu the next day, he noticed that Yu’s right hand was trembling so much that he could no longer write with that hand, and had to learn to write using his left hand. He also has dental problem, making it difficult to consume food.  Since his detention in early 2018, he has not been allowed to see his wife and child.


姓名:余文生

出生日期:1967年11月11日
職業:自2002年起執業,本為商業律師,自2014年起成為維權律師。

被拘捕日期:2018年1月19日
被拘捕地點:送孩子上學時在家樓下被十多名警察抓走。
被拘捕罪名:2018年1月20日被以「妨礙公務罪」刑事拘留,一星期後改控以更嚴重的「煽動顛覆國家政權罪」。
正式被捕日期:2018年1月20日,余文生的妻子收到正式通知,余文生被以「妨礙公務罪」刑事拘留,關押在石景山區看守所。2018年4月19日,當局以「煽動顛覆國家政權罪」和 「妨害公務罪」正式逮捕余文生。
被起訴日期:2019年2月初

法律代表:家人聘用的律師為盧思位和藺其磊。

審訊日期:2019年5月9日。
判決日期: 2020年6月17日
判決結果:通知,余文生被以「煽動顛覆國家政權罪」判刑4年,剝奪政治權利3年。
關押地點:徐州看守所

案件簡介:余文生自2002年起成為商業律師,但2014年在當局拒絕讓他會見一名被控支持香港「雨傘運動」的當事人後,他進行一次公開抗議活動,2014年10月被當局抓捕,羈押99天期間,被關進死刑犯監牢61天,被提訊近200次,不能見律師,遭當局謾罵和酷刑。其後余文生加入「中國人權律師團」,代理多起法輪功學員無罪辯護案件、王全璋律師等案。2015年「709大抓捕」後,余文生7月30日控告中共公安部及部長,違法拘捕公民。 8月6日晚,公安撬鎖破門闖入他家,當著妻兒面前,將他背銬帶走24小時,10小時背銬,14小時正銬「變相的酷刑」。

2018年1月15日,當局吊銷余文生律師執照;1月17日,余文生在辦理護照時被告知,由於可能危害國家安全,因此被限制出境。1月18日,余文生在中共召開十九大二中全會期間發表《修憲公民建議書》,提出刪除《憲法序言》等政治改革建議。翌日當局以涉嫌「妨害公務罪」刑事拘留,家屬委任律師要求見面也遭拒絕。4月19日被以「煽動顛覆國家政權罪」、「妨礙公務罪」批捕。

2018年11月20日,中國當局透露,人權律師余文生的案件已被退回公安局補充調查。中國刑法允許刑事檢察機關將案件退回警方補充審查;涉及人權捍衛者的案件,這項措施是用來延長他們的拘留期。2019年2月初,檢察院以「煽動顛覆國家政權」罪起訴余文生,並撤銷「妨礙公務」的指控。2019年5月9日,徐州市中級人民法院秘密審判,當局既未通知家人,也沒有知會家人聘請的兩名律師。法院也沒有按照法律要求在網站上發布有關審判通知。判決結果等到2020年6月17日,他的妻子許艷接到徐州市檢察署電話,告知余文生已被以「煽動顛覆國家政權罪」判刑4年,並剝奪政治權利3年。余文生當庭提出上訴。自余文生被捕後的1,000多天,一直被隔離關押,不能會見家人和律師。他的辯護律師盧思位直到2020年8月13日(即判刑後)才獲准在江蘇省高級人民法院閱讀該案資料;次日在徐州市看守所首次會見余文生。見面一個多小時,律師發現余文生身體出現問題,包括牙齒有毛病,右手一直發抖,不能再寫字,上訴狀能以左手書寫。當局至今不容許他的妻子和孩子與他見面。

參考更多資料:
人權捍衞者網站:https://www.frontlinedefenders.org/zh/case/yu-wensheng-detained-and-charged-disrupting-public-service#case-update-id-11015
余文生太太許艷的推特:https://twitter.com/xuyan709

資料更新:2020年9月1日

Name: Yu Wensheng (余文生)

Date of birth: 11 November 1967
Occupation: Commercial lawyer (2002-2014), human rights lawyer (from 2014)

Date of detention: 19 January 2018
Location: A dozen of police officers took him away when he sent his son to school.
Ground of detention: He was first criminally detained for the crime of “obstructing official duties" on 20 January 2018, and was charged with a more serious crime of “inciting subversion of state power" later.
Date of formal arrest: On 20 January 2018, Yu’s wife Xu Yan received a formal notice that Yu Wensheng was criminally detained for “obstructing official duties" and was kept in Shijingshan Detention Centre in Beijing. On 19 April 2018, the authority formally arrested him for “obstructing official duties" and “inciting subversion of state power". On 16 April 2018, police showed Yu’s lawyers of statement signed by Yu, stating that he had decided to dismiss the lawyers. However, neither the family nor the lawyers could verify if it was Yu’s wish or if he was forced to do so.
Date of Indictment: In early February 2019, the Procuratorate indicted Yu Wensheng on the charge of “inciting subversion of state power” and dropped the second charge of “obstructing official duties.”

Legal representation: His family hired Lu Siwei and Lin Qilei to be his lawyers.
Date of trial: On 9 May 2019, Yu had been secretly tried at the Xuzhou Municipal Intermediate Court, and that the authorities informed neither his family nor the two lawyers the family had retained. The Court also failed to publish a notice about the trial on its website as required by regulations.
Date of sentencing: 17 June 2020
Verdict: The Procuratorate called Mrs Yu on 17 June 2020, informing her that Yu was convicted of “inciting subversion of state power”.
Sentence: Four years’ imprisonment, followed by three years’ deprivation of political rights.
Location of detention/imprisonment: Xuzhou Detention Centre, Jiangsu Province

Description: Yu Wensheng has started practicing as a commercial lawyer since 2002. He launched his first open protest in 2014, when the authority refused to let him meet his defendant, who was arrested for showing support to the Hong Kong’s Umbrella Movement. As a result, he was detained in October 2014 for 99 days, held with death row inmates for 61 days and questioned approximately 200 times. He was denied access to his lawyer, verbally abused and physically tortured.

Since then, Yu became one of the outspoken Chinese human rights lawyers. With his legal knowledge, he represented fellow human rights lawyer Wang Quanzhang and Falun Gong practitioners, among others. After the nationwide crackdown on Chinese lawyers and human rights activists during the summer of 2015 (known as “709 crackdown"), Yu Wensheng sued the Chinese Ministry of Public Security and its Minster for illegal detention of citizens. In the evening of 6 August 2015, the police refused to show a warrant and smashed through the front door of Yu’s home, bundled him away from his wife and child. He was handcuffed for 24 hours before the police released him.

On 15 January 2018, the authority revoked his lawyer’s license; on 17 January, he was told that he would not be allowed to leave the country as he might endanger state security when he applied for a passport. On 18 January 2018, he published an open letter recommending amendments to the Chinese constitution, calling for fair elections and an oversight system for the Chinese Communist Party, amongst other reforms. The next day, a dozen of police officers took him away when he sent his son to school, citing he was criminally detained for “obstructing official duties". His lawyers were not allowed to see him. The authority formally arrested him on 19 April 2018, for “obstructing official duties" and “inciting subversion of state power".

On 20 November 2018, authorities informed Yu’s wife Xu Yan that Yu Wensheng’s case had been returned to the Public Security Bureau for supplementary investigation, a dilatory tactic to prolong human rights activists’ detention period. In early February 2019, the Procuratorate indicted Yu Wensheng on the charge of “inciting subversion of state power” and dropped the charge of “obstructing official duties.” On 9 May 2019, Yu was secretly tried at the Xuzhou City Intermediate Court, and that the authorities informed neither his family nor the two lawyers the family had retained. The Court also failed to publish a notice about the trial on its website as required by regulations. The verdict came one year later. the Procuratorate called Mrs Yu on 17 June 2020, informing her that Yu was convicted of “inciting subversion of state power”, he was sentenced to four years’ imprisonment, followed by three years’ deprivation of political rights. Reportedly, Yu appealed immediately. It was until 13 August 2020 (nearly 1,000 days of detention and after the sentencing), Yu’s lawyers were finally allowed to read the documents related to his case in the Higher People’s Court of Jiangsu Province. When the lawyer met with Yu the next day, he noticed that Yu’s right hand was trembling so much that he could no longer write with that hand, and had to learn to write using his left hand. He also has dental problem, making it difficult to consume food. Since his detention in early 2018, he has not been allowed to see his wife and child.

For more information:
Frontline Defenders: https://www.frontlinedefenders.org/zh/case/yu-wensheng-detained-and-charged-disrupting-public-service#case-update-id-11015
Xu Yan, Mrs Yu’s twitter:
https://twitter.com/xuyan709

Updated on: 8 September 2020