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陳杰人 – 實名舉報官員失職,被控尋釁滋事等罪名,判有期徒刑15年

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陳杰人因為在網上公開實名舉報湖南省邵陽市紀委書記鄧廣雁嚴重失職瀆職等問題,被控「尋釁滋事、敲詐勒索、非法經營、行賄」等四罪。2020年4月30日一審宣判,陳杰人被判有期徒刑15年,罰金701萬元,刑期至2033年6月24日。弟弟陳偉人也被控以「尋釁滋事罪、敲詐勒索罪」判刑4年;陳杰人前妻劉敏被控「尋釁滋事罪」,免予刑罰。

Chen Jieren was convicted on 30 April 2020 and sentenced to 15 years in prison with a fine of 7.01 million yuan. He was accused of “picking quarrels and provoking trouble, extortion, illegal business operations and bribery” simply because he publicly exposed on the internet that Deng Guangyan, Secretary of the Discipline Inspection Commission of Shaoyang City, Hunan Province had committed professional misconduct and serious dereliction of duty. His younger brother Chen Weiren was charged with “picking quarrels and provoking trouble and extortion" and was sentenced to four years in prison. Chen Jieren’s ex-wife Liu Min was charged with “picking quarrels and provoking trouble" but was exempted from punishment.

姓名: 陳杰人(Chen Jieren)

出生年份:1972年
職業:記者、編輯、社評人、知名博客

被拘捕日期:2018年6月25日實名在網上舉報官員失職後失聯,其後證實被拘留
被拘捕地點:
被拘捕罪名:湖南警方以涉嫌「敲詐勒索、非法經營等罪」刑事拘留,其妻子、兩名兄弟及兩名助手亦遭株連而一同被捕

正式被捕日期: 2018年7月4日被正式刑事拘留
被起訴日期:

法律代表:劉輝律師,但自立案以來,陳杰人一直不獲准和律師會面

審訊日期:2019年11月在桂陽縣人民法院一審,起訴罪名「尋釁滋事、敲詐勒索、非法經營、行賄」
審判日期: 2020年4月30日
判決結果: 罪名成立
刑期: 陳被判有期徒刑15年,罰金701萬元,刑期至2033年6月24日。陳表示服從判決,不予上訴。弟弟陳偉人也被控以「尋釁滋事罪、敲詐勒索罪」,被判刑四年;陳杰人前妻劉敏被控「尋釁滋事罪」,免予刑罰。
關押地點:未知

案件簡介:
陳杰人於2001年從清華大學法學院畢業,其後加入多家傳媒,以敢言見稱。雖然在國營媒體工作,但多次揭露社會問題、甚至官員腐敗而受到打壓。2003年,曾因披露武漢女大學生賣淫現象而被《中國青年報》解僱;2005年,曾因在《公益時報》擔任主編時簽發批評性文章,觸怒了當局而又被解僱;2011年10月,因「批評政府過多」再遭《人民日報》解除其在「人民網江蘇視窗」執行總編職務;2015年起,曾因長期在微博及其它媒體平臺發表政治言論,而遭當局的極度不滿與忌恨。2018年,6月25日因在網上公開實名舉報湖南省邵陽市紀委書記鄧廣雁嚴重失職瀆職等問題後失聯,7月4日被湖南警方以涉嫌「敲詐勒索、非法經營等罪」刑事拘留,其妻子、兩名兄弟及兩名助手亦遭株連而一同被捕;其後地方檢察院以同罪批捕和起訴,被指控其利用「網路大V」身份有償發佈虛假或負面網路資訊,詆毀黨政聲譽和信譽,並與其家屬形成「利用網路實施犯罪活動的惡勢力團夥」。

陳杰人被捕後一個月,中央電視台播出他的認罪片段。當時陳杰人承認,自己是寫文章,借輿論監督名義斂財。同年8月16日,官方喉舌新華社在發表題為「從『網絡大V』到『網絡害蟲』」的所謂「大起底」長文,聲稱陳杰人先後建立多個社交媒體戶口,發表各類負面文章3000餘篇,借「輿論監督」名義斂財。外界和陳杰人辯護律師認為這是「未審先判」和電視認罪,屬中國政府慣用的技倆,尤其是陳杰人高調實名舉報官員,更受到「殺一儆百」的待遇,以阻嚇其他敢言人士。劉輝律師表示,自2018年7月立案以來,陳杰人不獲准與律師見面。

2019年11月在桂陽縣人民法院一審,罪名為「尋釁滋事、敲詐勒索、非法經營、行賄」四罪。2020年4月30日一審宣判,陳被判有期徒刑15年,罰金701萬元,刑期至2033年6月24日。陳表示服從判決,不予上訴。弟弟陳偉人也被控以「尋釁滋事罪、敲詐勒索罪」,被判刑四年;陳杰人前妻劉敏被控「尋釁滋事罪」,免予刑罰。

參考更多資料:
http://cppc1989.blogspot.com/2020/05/cppc00881.html
人權組織:媒體人陳杰人因言獲罪被判重刑
http://www.xinhuanet.com/legal/2018-08/16/c_1123280255.htm

資料更新:2020年12月29日

Name: Chen Jieren (陳杰人)

Year of birth: 1972
Occupation: Journalist, editor, social critic, well-known blogger

Date of detention: Chen went missing after he formally submitted an online complaint against a high-ranking official on 25 June 2018. A few days later, the authorities confirmed that he had been detained.
Location: unknown
Ground of detention: Hunan police detained him on suspicion of “extortion and illegal business operations". His wife, two brothers and two assistants were also detained.

Date of formal arrest: 4 July 2018
Date of Indictment:

Legal representation: Lawyer Liu Hui – Chen Jieren has not been allowed to meet with the lawyer since his detention.

Date of trial: In November 2019, the first hearing was conducted in Guiyang County People’s Court in Hunan. Chen was prosecuted for “picking quarrels and provoking trouble, extortion, illegal business operations, and bribery."
Date of sentencing: 30 April 2020
Verdict: Convicted
Sentence: Chen was sentenced to 15 years in prison (till 24 June 2033) and a fine of 7.01 million yuan. Chen agreed with the judgment and would not appeal. His younger brother Chen Weiren, who was charged with “picking quarrels and provoking trouble and extortion," was sentenced to four years in prison; Chen Jieren’s ex-wife Liu Min was charged with “picking quarrels and provoking trouble" but was exempted from punishment.
Location of detention/imprisonment: Unknown

Description:
Chen Jieren graduated from the Law School of Tsinghua University in 2001, later joined a number of media agencies and is known for his outspokenness. He has been repeatedly suppressed for exposing social problems and even official corruption while working in the state-owned media agencies. In 2003, he was fired from the China Youth Daily for reporting a prostitution ring involving college students in Wuhan which caused a scandal; in 2005, he was fired for publishing a critical article which upset the authorities when he was the editor-in-chief of China Philanthropy Times; in October 2011, People’s Daily removed him from his post as executive editor of its Jiangsu Province division, due to writing “too much criticism against the government". Since 2015, he has been seen as a thorn in the eye of authorities for his outspoken political commentaries on Weibo (microblog) and other media platforms. On 25 June 2018, he lost contact from others after he publicly reported on the internet that Deng Guangyan, Secretary of the Discipline Inspection Commission of Shaoyang City, Hunan Province had committed professional misconduct and serious dereliction of duty. On 4 July 2018, he was formally detained by Hunan police on suspicion of “extortion, illegal business operations” and other offenses. His wife, two brothers and two assistants were also detained. Later, the local procuratorate prosecuted him for the same offences. Chen was accused of using his identity as a “famous blogger" to publish false or negative information that “sabotaged the reputation of the Party and the government and damaged the government’s reputation”. His family members have been accused of forming “a criminal gang that uses the internet to commit the offenses."

One month after Chen Jieren’s detention, China Central Television broadcast a video clip of his confession. In the video, Chen Jieren admitted that he wrote articles to make and cheat money in the name of “public monitoring”. On 16 August 2018, the official mouthpiece Xinhua News Agency published a long article entitled “From “famous blogger" to “Internet Pest", claiming that Chen Jieren had opened multiple social media accounts and published more than 3,000 articles in order to make money in the name of “public monitoring".

Observers and Chen Jieren’s defense lawyer believe that he was forced to conduct a televised confession and it was not a fair trial, which is a tactic often used by the Chinese government. In particular, Chen Jieren’s high-profile real-name complaint against officials angered the authorities. He was singled out and his punishment would be harsh, as a deterrent. Lawyer Liu Hui stated that since the case was filed in July 2018, Chen Jieren had not been allowed to meet with his lawyer.

The first hearing took place in Guiyang County People’s Court in Hunan in November 2019. The charges against him were “picking quarrels and provoking trouble, extortion, illegal business operations and bribery". The verdict was finally delivered on 30 April 2020, with Chen being sentenced to 15 years in prison with a fine of 7.01 million yuan. His long sentence will expire on 24 June 2033. Chen “agreed” with the judgment and did not appeal. His younger brother Chen Weiren was charged with “picking quarrels and provoking trouble and extortion" and was sentenced to four years in prison; Chen Jieren’s ex-wife Liu Min was charged with “picking quarrels and provoking trouble" but was exempted from punishment.

For more information:
https://www.nchrd.org/2020/04/china-release-journalist-chen-jieren-imprisoned-for-15-years-for-criticising-ccp/

https://rsf.org/en/news/chinese-journalist-gets-15-years-jail-denouncing-party-corruption

Updated on: 2 January 2021

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