長沙公益仨:程淵、劉大志(又名:劉永澤)、吳葛健雄

公益組織長沙富能的工作人員 #程淵、#劉大志(#劉永澤)和 #吳葛健雄 在沒法見到自己選擇的律師而被關押超過一年後,被秘密審訊。長沙富能為一公益組織,2016年3月成立後,主要關注殘疾人權利以及弱勢群體的權利,通過要求政府訊息公開的方式嘗試促進政府透明度、促進殘疾人和乙型肝炎、愛滋病病毒帶菌者等群體的平等權利。

ChengYuan, #LiuDazhi (#LiuYongze) and #WuGejianxiong of the non-profit organization Changsha Funeng have been secretly tried after being detained, without access to lawyers of own choice, for over a year. Changsha Funeng is a public interest organization founded in March 2016. It mainly focuses on the rights of persons with disabilities and the rights of disadvantaged groups. Through lobbying for government transparency and information disclosure, it promotes the rights of the disabled, the carriers of hepatitis B and HIV virus. #ChangshaThree

姓名:程淵、劉大志(又名:劉永澤)、吳葛健雄 (合稱:長沙富能/ 長沙公益仨

組織成立日期:2016年3月
職業:公益組織工作人員

被拘捕日期:2019年7月22日
被拘捕地點:被長沙巿國家安全局帶走
被拘捕罪名:顛覆國家政權罪

正式被捕日期:2019年8月26日
被起訴日期:2020年6月24日

法律代表:三人有律師代表。但當局一直迴避律師,亦不容許律師與三人會面。三人律師均收到解除代理委託書。其中吳葛健雄父親吳有水律師是兒子辯護律師,不相信兒子會解除委託。

審訊日期:2020年9月初秘密審訊
審判日期:
判決結果:
刑期:
關押地點:
湖南省安全廳看守所

案件簡介:
長沙富能為公益組織,2016年3月成立後,主要關注殘疾人權利及弱勢群體權利,通過要求政府公開訊息增加政府透明度,促進殘疾人和乙型肝炎、愛滋病帶菌者等群體的平等權利,這些法律行動在中國的法律和憲法下進行,也符合相關國際人權標準。

三人在入職長沙富能時已簽署律師委託書,但當局一直不容許律師與三人會面。2020年3月16日,三人的律師均收到解除代理委託書,但家屬不相信出自三人意願。其中吳葛健雄父親吳有水律師是兒子辯護律師,不相信兒子會解除委託。當局強迫解除委託的律師,意在官派律師進行秘密審判,但當局拒絕向家屬透露指定律師的名字和聯繫方法,家屬經多方查詢,才得知相關律師及信息。

9月初審訊時,家屬沒有收到開庭通知,直至審訊後,吳有水律師致電官方律師才得知。9月16日,家屬到湖南省高院投訴時,法院工作人員輸入三人名字後告知家屬,該案沒有立案。家屬要求當局給出說法。

「長沙富能」聯合創辦人楊占青現身處美國,他估計「長沙富能」三人被控,與中國政府近年大力掃蕩維權非政府組織有關。

長沙公益仨:程淵、吳葛健雄、劉大志(又名:劉永澤)
長沙公益仨:程淵、吳葛健雄、劉大志(又名:劉永澤)

「長沙富能」三名被捕人士:

程淵
「長沙富能」負責人程淵,是中國資深公益法律活動家,自2008年起參與弱勢群體維權工作。曾代理十餘起乙肝病毒帶菌者、愛滋病感染者維權訴訟,為消除中國乙肝歧視作出巨大貢獻。程淵被抓捕時妻子施明磊在場,不但未能倖免於暴力對待,3歲女兒也遭到非法拍攝。程淵夫婦先後被戴上黑頭套、手銬帶走,施明磊被審訊18小時後,被長沙市國家安全局以「涉嫌顛覆國家政權罪」監視居住,銀行戶口被凍結。2020年1月15日收到解除監視居住決定書。程淵被帶走後,她持續在推特為程淵呼籲。8月18日,向長沙市司法局投訴,控告官派律師違法,同時向長沙市中級法院提出國家賠償申請。

劉大志
劉大志(又名:劉永澤),2017年加入「長沙富能」,成為專職社會工作者。多年來一直關注公共事務,業餘曾與其他公益人士共同創辦長沙春雨公益互助團隊,關注工人權益維護、職業病救助、職業病人家庭子女助學和法律援助等。2014年,向長沙水務局申請公開政府信息,公開各監測點自來水水質檢測數據。2017年,各地出現多起醫療廢棄物非法處置事件,劉永澤向長沙市衛生局申請公開醫療廢棄物處置流程、數量等信息。

吳葛健雄
人稱「小吳」,公益領域新人,主要從事與律師合作的工作。其父吳有水是中國著名的人權律師。

更多參考資料:
程淵太太施明磊的推特:https://twitter.com/MindyShi227
https://www.bannedbook.org/bnews/zh-tw/headline/20200917/1397684.html
https://www.rfa.org/cantonese/news/dissidents-07282020103044.html

https://hka8964.wordpress.com/2019/08/27/freechangsha3/

資料更新:2020年9月29日

Name: Cheng Yuan, Liu Dazhi (aka: Liu Yongze), Wu Gejianxiong (They are known together as Changsha Funeng Three)

Foundation of the organization: March 2016
Occupation: Staff members of Changsha Funeng, a small public interest organization focusing especially on disability rights in Hunan Province

Date of detention: 22 July 2019
Location: Taken away by officials from the Changsha State Security Bureau
Ground of detention: On suspicion of “subversion of state power.”

Date of formal arrest: 26 August 2019
Date of Indictment: 24 June 2020

Legal representation: Cheng, Liu and Wu signed letters of attorney when they joined Changsha Funeng and therefore they are represented by their lawyers of their own choices. However, the authorities blocked the lawyers from visiting the three men. On 16 March 2020, all six defence lawyers of the three men received notice from authorities that they had been “dismissed,” claiming it was the wish of the three men. The families believe the decision is likely to have been coerced or unilaterally made by the government. Wu’s father, Lawyer Wu Youshui, is the defense lawyer appointed by his son, and he does not believe that his son would withdraw his appointment.

Date of trial: early September 2020, secret trial
Date of Sentencing:
Verdict:
Sentence:
Location of detention / imprisonment:
Detention Centre of Department of State Security, Hunan Province

Description:
Changsha Funeng is a public interest organization founded in March 2016. It mainly focuses on the rights of persons with disabilities and the rights of disadvantaged groups. Through lobbying for government transparency and information disclosure, it promotes the rights of the disabled, the carriers of hepatitis B and HIV virus. Their actions are carried out under China’s laws and Constitution, in line with relevant international human rights standards.

The three employees of Changsha Funeng signed letters of attorney when they started working in Changsha Funeng and therefore they are represented by lawyers of their own choices. However, the authorities their lawyers from visiting the three men. On 16 March 2020, all six defence lawyers of the three men received notice from authorities that they had been “dismissed,” claiming it was the request of the three men. Wu’s father, Lawyer Wu Youshui, is the defense lawyer appointed by his son, and he does not believe that his son would withdraw his appointment. The families believe the decision is likely to have been coerced or unilaterally made by the government, in order to appoint official lawyers and conduct secret trial. The authorities first refused to tell the contact details of the official lawyers and it took some time till the families found out who the official lawyers are.

The family members did not receive the notice of the trial in early September. They only found out when Lawyer Wu Youshui called the government-appointed lawyer to ask for updates. On 16 September, when family members filed a complaint at the Hunan Provincial Higher People’s Court, the court staff entered the names of the three defendants in the computer system and informed the family members that the case had not been filed. The three families demand the authorities to give an explanation on this matter.

Yang Zhanqing, the co-founder of “Changsha Funeng", is now in the United States. He believes that the case against Changsha Funeng is part of Chinese government’s campaign to crack down on human rights NGOs in China.

Changsha Funeng Three:

Cheng Yuan
Cheng Yuan, one of the founders of Changsha Funeng, is a senior civil rights activist in China. He has been involved in the protection of the rights of vulnerable groups since 2008. He has represented hepatitis B virus carriers and HIV-infected persons in more than ten lawsuits to claim their rights and made outstanding contributions to the elimination of institutionalized discrimination against hepatitis B patients in China. His wife Shi Minglei and their three-year-old daughter were with him when Cheng Yuan was arrested. The police filmed their three-year-old daughter without permission. Cheng Yuan and his wife were taken away with black hoods and handcuffs. After 18 hours of interrogation, Mrs Cheng was put under residential surveillance by the Changsha State Security Bureau on suspicion of subversion, and her bank account was frozen. On 15 January 2020, she received a letter of decision to lift residential surveillance. After Cheng Yuan was detained, she continued to appeal for him on Twitter. On 18 August, she filed a complaint at the Changsha Judicial Bureau, accusing the government-appointed lawyers of breaking the law. At the same time, she filed an application for state compensation at the Changsha Intermediate Court.

Liu Dazhi
Liu Dazhi (also known as Liu Yongze) joined Changsha Funeng in 2017 as a full-time social worker. He has been involved in public affairs for many years. He is also a volunteer and co-founder of the Changsha Chunyu Mutual Aid Team, which campaigns for the rights of workers, victims of occupational diseases and their children, and other vulnerable groups in need of legal and educational aid. In 2014, he applied for public information disclosure at the Changsha Water Supply Bureau, to disclose tap water quality testing data at various monitoring points. In 2017, as illegal disposal of medical waste in various places took place, Liu demanded the Changsha Municipal Health Bureau to disclose information on its disposal procedure and quantity of medical waste.

Wu Gejianxiong
Known as “Xiao Wu (Little Wu)", he is the youngest among the three and a newcomer in the field of public interest, mainly engaged in cooperation with lawyers. His father Wu Youshui is a well-known human rights lawyer in China.

More details:
Twitter of Shi Minglei, wife of Cheng Yuan: https://twitter.com/MindyShi227

https://www.nchrd.org/2019/08/cheng-yuan-liu-dazhi-wuge-jianxiong/

Updated on: 1 October 2020