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陳建芳 – 被指聚集舉牌、拉橫幅、網絡言論等被控「顛覆國家政權罪」

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姓名:陳建芳 (Chen Jianfang)

出生日期:1970年1月23日
職業:本是農民,因土地被徵而得不到賠償而成為維權人士

被拘捕日期:2019年3月20日
被拘捕地點:陳和其丈夫許建軍一起被上海市警方從家中抓走,家被查抄。陳的丈夫於2019年4月3日保釋外出,而陳則一直被拘留。
被拘捕罪名:煽動顛覆國家政權

正式被捕日期: 2019年6月,被上海市浦東新區檢察院以涉嫌「顛覆國家政權罪」批捕,被指控因為聚集舉牌、拉橫幅、網絡言論等違反了國家法律。
被起訴日期:
2019年9月3日

法律代表:張磊、吳莉。陳建芳在被拘捕前已簽了律師委託書,分別委託張磊和吳莉當她的法律代表。當局一直不讓兩位律師會見陳。陳的家人或許受到壓力,表示不會替她找律師。

審訊日期: 秘密審訊
審判日期: 秘密判刑
判決結果: 罪名成立
刑期: 入獄三年 (據自由亞洲電台所報)
關押地點:未知

案件簡介:

陳建芳本是上海市浦東新區的農民。

2005年因土地被當地政府非法徵地,2007年被強拆,沒有合理的安置和補償而成為維權人士。多年上訪令她對社會體制問題認識加深,開始參與捍衛人權和追求民主的活動,在過去十年中,她一直在基層從事捍衛土地和住房權利,爭取弱勢社會群體的權利,並逐漸成為土地徵收和房屋拆遷受害者的代言人。

陳建芳自2008年起與另一維權人士曹順利合作,積極參與聯合國普遍定期審議,讓國際社會聽到來自中國民間的聲音。她2013年受邀請到瑞士日內瓦出席聯合國人權理事會會議,但在出境時被阻撓。

2017年10月,當陳建芳試圖前往愛爾蘭參加一個人權論壇時,再次被禁止出國。因捍衛人權和追求民主,她成為當局打壓的目標人物,先後被勞教、刑事拘留、關黑監獄和派出所多達數十次。
2019年3月14日,陳建芳在網上致敬紀念她的同伴曹順利逝世五週年,呼籲對該案進行獨立調查。

2019年3月20日,她和丈夫在家被警察帶走,住所被查抄。她的丈夫在同年4月初保釋外出,但陳建芳一直被拘留。

2019年6月,她被上海市浦東新區檢察院以涉嫌「顛覆國家政權罪」批捕,被指控因為聚集舉牌、拉橫幅、網絡言論等違反了國家法律。同年9月3日被起訴。

陳在被拘捕前已簽了律師委託書,分別委託張磊和吳莉律師當她的法律代表。當局一直不讓兩位律師會見陳,也不透露她被關在哪裡。陳的家人或許受到壓力,表示不會替她找律師。

據自由亞洲電台在2020年10月5日引述消息人士報導,陳建芳近日被當局以「顛覆國家政權」秘密審訊和被判入獄3年,但她委託的辯護律師吳莉始終未獲當局批准會見當事人,更無法上庭辯護。

參考更多資料:
https://www.nchrd.org/2019/10/un-sp-on-chen-jianfang/
https://www.rfa.org/cantonese/news/dissidents-10052020064953.html
https://www.nchrd.org/2019/05/chen-jianfang/

資料更新:2020年12月3日

Name: Chen Jianfang (陳建芳)

Date of birth: 23 January 1970
Occupation: She was a farmer and became a land rights defender after her land was seized without proper settlement.

Date of detention: 20 March 2019
Location: Chen and her husband were taken away by the police from their home in Shanghai. Their flat was searched and raided. Her husband was released on bail on 3 April 2019, but Chen was kept in an unknown detention centre.
Ground of detention: Inciting subversion of state power

Date of formal arrest: In June 2019, Chen was formally arrested by the Shanghai Pudong New District’s Procuratorate on suspicion of “inciting subversion of state power". She was accused of violating the laws for holding placards, banners, and publishing online articles.
Date of Indictment: 3 September 2019

Legal representation: Zhang Lei and Wu Li. Before being arrested, Chen Jianfang had signed a power of attorney and separately appointed Zhang Lei and Wu Li as her legal representatives. However, the authorities did not allow them to meet with Chen. Chen’s family might be under pressure and refused to hire a lawyer for her.

Date of trial: Unknown, secret trial
Date of sentencing: Unknown, secret sentencing
Verdict: Convicted
Sentence: Three years of imprisonment (according to the Radio Free Asia’s report)
Location of detention/imprisonment: Unknown

Description:
Chen Jianfang was a farmer in Pudong New District, Shanghai. In 2005, her land was illegally acquired by the local government and demolished in 2007. Without proper resettlement and compensation, she became a rights defender. After many years of petitioning, she has developed better understanding of social problems and began to defend human rights and pursue democracy. In the past ten years, she has been engaged in defending land and housing rights at the grassroots level, fighting for the rights of disadvantaged social groups, and gradually become a land rights defender. She is recognized as a spokesperson for the victims of land eviction and house demolition.

Since 2008, Chen Jianfang had worked with another human rights activist Cao Shunli and they actively participated in the UN Universal Periodic Review, hoping the international community would hear the voice of the grassroots people in China. She was invited to Geneva, Switzerland to attend a meeting of the United Nations Human Rights Council in 2013, but was stopped by the authorities when she was leaving China. In October 2017, when Chen Jianfang tried to travel to Ireland to participate in a human rights forum, she was again barred from going abroad. For defending human rights and pursuing democracy, she became a major target of the authorities’ suppression. She has been subjected to reeducation through labour, criminal detention, secret detention in “black jail”, arbitrary detention in police station dozens of times. On 14 March 2019, Chen Jianfang paid online tribute to commemorate the fifth anniversary of the mysterious death of her comrade Cao Shunli, and called for an independent investigation of Cao’s death.

On 20 March 2019, she and her husband were taken away from their home in Shanghai by the police, and their residence was searched and raided. Her husband was released on bail in early April 2019, but Chen Jianfang remained detained. In June 2019, the Shanghai Pudong New District’s Procuratorate approved her formal arrest on suspicion of “subverting state power". She was accused of violating the laws for holding placards, banners, and publishing online articles. She was indicted on 3 September 2019. Before being arrested, Chen had signed a power of attorney and separately appointed Zhang Lei and Wu Li as her legal representatives. The authorities did not allow them to visit Chen, nor did they disclose where she was held. Chen’s family might be under pressure and refused to a lawyer for her.

According to a report of Radio Free Asia on 5 October 2020, Chen Jianfang was secretly tried and sentenced to three years of imprisonment recently. However, Wu Li, the defense lawyer she hired, was neither informed nor allowed to represent her in court.

For more information:
https://www.nchrd.org/2019/10/un-sp-on-chen-jianfang/
https://www.rfa.org/cantonese/news/dissidents-10052020064953.html
https://www.nchrd.org/2019/05/chen-jianfang/

Updated on: 17 November 2020

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