徐昆 Xu Kun- 聲援香港「反送中」運動,批評李鵬,以「尋釁滋事罪」判有期徒刑2年

中國民間組織「玫瑰團隊」成員徐昆於2021年4月8日被雲南昆明法院以「尋釁滋事罪」判處有期徒刑2年。4月19日,律師才收到法院判決書,現正與法院就上訴一事溝通。徐昆長期在網絡上建立QQ群,擔任人權民主轉型演講主持人,多次網上支持被抓捕人權捍衛者,秦永敏開庭時到武漢支援秦永敏。2019年,徐昆在社交媒體轉發逾千條推文,聲援香港「反送中」運動,又批評中共已故領導人李鵬與「六四」屠殺直接相關。

Xu Kun, a member of civil rights NGO “Rose Group", was sentenced to 2 years in prison for “picking quarrels and provoking trouble” by Kunming City Intermediate People’s Court on 8 April. His lawyer only received the verdict on 19 April and later communicated with the court regarding his appeal. Xu Kun had established an online chat group (Tencent QQ, a social media platform widely used in China), acted as a host of online seminars on the topics of human rights and democratic transformation. He openly showed support to human rights defenders who had been arrested, went to Wuhan to support Qin Yongmin during his trials. In 2019, he retweeted more than a thousand tweets to support Hong Kong protesters in their “anti-extradition" movement and criticized the late Chinese Communist Party leader Li Peng for his direct involvement in the June 4 Massacre.

姓名:徐昆 (Xu Kun)

出生日期:1961年5月25日
職業:維權人士,中國民間組織「玫瑰團隊」成員

被拘捕日期:2019年8月17日
被拘捕地點:當日徐昆本要乘坐火車到蘇州參加另一異見人士朱承志的庭審,被昆明市盤龍分局國安人員強迫退掉火車票,其後帶到穿金派出所做筆錄。當晚徐昆拘留所行政拘留,到了8月30日又以涉嫌「尋釁滋事罪」刑事拘留。
被拘捕罪名:「尋釁滋事罪」

正式被捕日期:2019年9月30日

法律代表:李貴生律師

被起訴日期:2020年1月13日
審訊日期:2020年12月23日,昆明巿盤龍區人民法院
審判日期:2021年4月8日

判決結果: 罪名成立
刑期: 有期徒刑兩年,刑期至2021年8月16日,徐考慮上訴
關押地點:昆明市盤龍區第二看守所三監

案件簡介:
徐昆,雲南昆明人,中國民間組織「玫瑰團隊」的成員,該組織倡導人權和中國社會的和平轉型,創辦人為秦永敏。徐昆長期在網絡上建立QQ群,做人權民主轉型演講主持人,多次網上支持被抓捕的人權捍衛者,秦永敏開庭時到武漢支援秦永敏開庭等活動。

2019年又在社交媒體轉發逾千條推文,聲援香港「反送中」運動,又批評中共已故領導人李鵬與六四屠城有密切關係。

2019年8月17日,徐昆本訂了火車票要去蘇州參加另一異見人士朱承志的庭審,被昆明市盤龍分局國安人員強迫退票,其後帶到穿金派出所做筆錄。當晚徐昆拘留所行政拘留15天,到了8月30日又以涉嫌「尋釁滋事罪」刑事拘留,9月30日被正式逮捕,2020年1月13日被正式起訴,當局超期羈押不開庭,嚴重違反相關法律程序。徐昆在看守所期間通信自由受到侵害,開庭前後多過半年,家人都收不到徐昆所寫的信件。從開庭到判刑,當局以疫情為由不讓律師會見徐昆。

案件去年12月23號在雲南昆明開庭,家屬只接到電話通知,而非開庭通知傳票。在開庭前律師會見了徐昆﹐得知當局一直勸徐昆認罪認罰等,徐昆始終堅持自己不違法,不認罪,不認罰。當局指徐昆透過推特轉發和評擊中國政治制度和中國共產黨、侮辱國家領導人和歪曲國內重大事件等,因此構成「尋釁滋事罪」。徐昆在自辯過程時稱:他所作之事並未觸犯國家法律,他在行使憲法中的公民言論自由權。憲法是對公民的一種承諾,神聖不能侵犯的。

該案於2021年4月8日經雲南昆明法院宣佈徐昆罪名成立,判處有期徒刑兩年;4月19日,律師才收到法院判決書,現正與法院就上訴一事作溝通。

參考更多資料:

判決書:https://msguancha.com/a/lanmu13/2021/0421/20947.html
徐昆的推特:https://twitter.com/vp7npqbiaakrdcf
https://hk.appledaily.com/china/20210422/MLCDUFMLTZFWDKHFHBOZTSAX7A/

資料更新:2021年4月27日

Name: Xu Kun (徐昆)

Date of birth: 25 May 1961
Occupation: Human rights activist, member of a civil rights NGO “Rose Group”

Date of detention: 17 August 2019
Location: Xu Kun was going to Suzhou to hear another dissident Zhu Chengzhi’s trial on that day. He was forced to cancel his train ticket by the State Security Officer of the Panlong Branch of Kunming City. He was then taken to the Chuanjin Police Station and questioned there. That night he was administratively detained, and on 30 August, he was criminally detained on suspicion of “picking quarrels and provoking trouble."
Ground of detention: Picking quarrels and provoking trouble
Date of formal arrest: 30 September 2019

Date of Indictment: 13 January 2020

Legal representation: Lawyer Li Guisheng

Date of trial: 23 December 2020, at the People’s Court of Panlong District, Kunming City
Date of sentencing: 8 April 2021, announced by Kunming City Intermediate People’s Court
Verdict: convicted

Sentence: Two years’ imprisonment, to be released on 16 August 2021. Xu considers to appeal.
Location of detention/imprisonment: Third Compartment, No. 2 Detention Center, Panlong District, Kunming City

Description:
Xu Kun, a native of Kunming City, Yunnan Province, is a member of a civil rights NGO “Rose Group". The organization calls for human rights and the peaceful transformation of the Chinese society. Its founder is Qin Yongmin. Xu Kun had established an online chat group (Tencent QQ, a social media platform widely used in China), acted as a host of online seminars on the topics of human rights and democratic transformation. He openly showed support to human rights defenders who had been arrested, went to Wuhan to support Qin Yongmin during his trials. In 2019, he retweeted more than a thousand tweets to support Hong Kong protesters in their “anti-extradition" movement and criticized the late Chinese Communist Party leader Li Peng for his direct involvement in the June Fourth Massacre.

Xu Kun booked a train ticket to go to Suzhou on 17 August 2019 to participate in another dissident Zhu Chengzhi’s trial. However, state security officers of the Panlong Branch of Kunming City forced him to cancel the ticket, took him to the Chuanjin Police Station for questioning. He was administratively detained that night, and on 30 August, he was criminally detained on suspicion of “picking quarrels and provoking trouble". He was formally arrested on 30 September 2019 and prosecuted on 13 January 2020. The authorities violated the legal limit of detention period and Xu Kun’s freedom of communication. For more than half a year before and after the trial, his family could not receive any letter written by Xu Kun. During the period from the trial to his conviction, the authorities refused to let his lawyer meet Xu, using the pandemic as an excuse.

When Xu’s case was finally heard on 23 December 2020, his family members were only informed by a phone call, instead of a formal notification of the court hearing. Before the trial, the lawyer met with Xu Kun and learned that the authorities had been persuading Xu Kun to plead guilty and accept the sentence decided in advance. Xu Kun insisted that he had not violated any law and would neither plead guilty, nor accept the sentence. Authorities accused Xu of retweeting posts to criticize the Chinese political system and the Communist Party of China, insulted state leaders and distorted major national events, etc., thus constituting the offense of “picking quarrels and provoking trouble." In his self-defense, Xu Kun stated that he did not violate any laws, he was simply exercising the civil rights of freedom of speech, as stated in the PRC Constitution. To him, the constitution is a promise to all citizens, sacred and inviolable.

Kunming City Intermediate People’s Court announced on 8 April 2021 that Xu Kun was convicted and sentenced him to two years in prison. The lawyer only received the verdict on 19 April and is now communicating with the court regarding the appeal.

For more information:
The verdict (in Chinese): https://msguancha.com/a/lanmu13/2021/0421/20947.html
Xu Kun twitter account: https://twitter.com/vp7npqbiaakrdcf
https://hk.appledaily.com/china/20210422/MLCDUFMLTZFWDKHFHBOZTSAX7A/

Updated: 30 April 2021