劉艷麗:「言論自由是公民權利。」被指網上散佈虛假信息,以「尋釁滋事罪」判有期徒刑4年

在庭審近15個月後,2020年4月24日,法院以「尋釁滋事罪」判處 #劉艷麗 4年有期徒刑,判決書顯示案件涉及網上言論與攻擊、侮辱黨和國家領導人以及有損政府形像有關,刑期至2022年3月23日,劉不服上訴,二審維持原判。在2019年1月31日的庭審中,控方以29條消息和文章為依據,指控劉艷麗在網上散佈虛假信息,攻擊黨和國家領導人,惡意炒作社會熱點事件,但沒有提供所謂損害社會秩序的後果證據。劉艷麗為自己作無罪自辯,指言論自由是公民權利。

Nearly 15 months after the trial, on 24 April 2020, the court sentenced #LiuYanli to 4 years in prison for “picking quarrels and provoking trouble", till 23 March 2022. The verdict indicates that Liu’s case involved online speech and attacks, insults to party and state leaders, and damage to the image of the government. Liu appealed but the same verdict was upheld in the second hearing. The prosecution accused Liu Yanli of spreading false digital information, namely 29 messages and articles, to attack party and state leaders, and maliciously stir up popular social events. However, the authorities did not provide evidence of the so-called damage she had caused. Liu Yanli pleaded not guilty, stating that freedom of speech is a citizen’s right.

姓名: 劉艷麗 (Liu Yanli)

出生日期:1975年6月1日
職業:銀行職員、活躍博客、獨立中文筆會會員

被拘捕日期:2018年5月27日起被湖北省荊門市公安局監視居住
被拘捕地點:未知
被拘捕罪名:涉「誹謗罪」

正式被捕日期: 2018年11月22日,以涉嫌「尋釁滋事罪」被逮捕
被起訴日期:2018年12月24日

法律代表:張磊律師、馬綱權律師

審訊日期: 2019年1月31日在荊門市東寶區法院開庭
審判日期: 2020年4月24日
判決結果: 罪名成立
刑期: 有期徒刑四年,刑期至2022年3月23日,劉不服上訴,二審維持原判
關押地點:湖北省荊門市看守所

案件簡介:

本為銀行職員的劉艷麗,同時也是活躍的博客作者。自2009年至今,劉艷麗因在QQ空間及微信論及民主政治,尤其是自2012年起積極組織關愛抗戰老兵活動,要求官員資產透明化而受到當局打壓。

2016年,劉艷麗曾因在微信朋友圈轉發和發送涉及毛澤東、周恩來、習近平等中共領導人信息,在2016年5月30日被湖北省荊門市警方以涉嫌「誹謗罪」刑事拘留8個月。其後她獲取保候審,2018年5月27日起又被監視居住,2018年11月22日,她的罪名被改為涉嫌「尋釁滋事罪」被逮捕。當局指控其妄議中共國家領導人(指毛澤東、周恩來、習近平等),屬於「辱罵、攻擊中國共產黨」,其言行涉嫌誹謗他人和擾亂了社會秩序。

2018年在關押期間劉曾割腕自殺獲救,但雙腕受傷,左腕尤其嚴重,幾根神經斷裂。國保從未通知家屬,治療未結束就匆匆將她關進看守所。

2019年1月31日的庭審中,控方以29條消息和文章為依據,指控劉艷麗在網上散佈虛假信息,攻擊黨和國家領導人,惡意炒作社會熱點事件,但沒有提供所謂損害社會秩序的後果證據。劉艷麗為自己作無罪自辯,指言論自由是公民權利,批評時政和關心公共事件更是公民良心和社會責任。

由於審訊後一直不予宣判,劉艷麗於2019年11月6日和7日進行絕食抗議。

2020年4月24日,法院以「尋釁滋事罪」判處劉艷麗4年有期徒刑,判決書顯示案件涉及網上言論與攻擊、侮辱黨和國家領導人以及有損政府形像有關,刑期至2022年3月23日,劉不服上訴,二審維持原判。

當局一直以新冠疫情為由,自2020年1月湖北封省以來,家屬和律師都不能前往看守所會見劉艷麗,家人對她的情況很擔心,寄望「我們現在寄希望於劉艷麗在裡面只要沒有被折磨傻。」無國界記者組織和獨立中文筆會分別要求中國政府立即釋放劉艷麗,獨立中文筆會授予劉艷麗2018年度林昭紀念獎。

參考更多資料:
https://www.frontlinedefenders.org/zh/profile/liu-yanli

https://www.voacantonese.com/a/chinese-rights-activist-sentenced-to-4-yrs-in-proson-for-online-chatting-20200504/5404332.html

資料更新:2021年2月8日

Name: Liu Yanli (劉艷麗)

Date of birth: 1 June 1975
Occupation: bank clerk, active blogger and member of Independent Chinese PEN Center

Date of detention: 27 May 2018
Location: she was placed under “residential surveillance in a designated location” by Public Security Bureau of Jingmen City, Hubei Province.
Ground of detention: On suspicion of “defamation”

Date of formal arrest: Formally arrested on suspicion of “picking quarrels and provoking trouble" on 22 November 2018
Date of Indictment: 24 December 2018

Legal representation: Lawyer Zhang Lei, Lawyer Ma Gangquan

Date of trial: On 31 January 2019, a hearing was held in Dongbao District People’s Court, Jingmen City
Date of sentencing: 24 April 2020
Verdict: Convicted
Sentence: Sentenced to four-year imprisonment, till 23 March 2022. Liu appealed but the second hearing upheld the previous sentence.
Location of detention/imprisonment: Detention Centre

Description:
Liu Yanli, a bank clerk, was also an active blogger. Since 2009, Liu Yanli has started discussing democratic movement in QQ Zone and WeChat, and from 2012 on, she has organized activities to support veterans of World War II and demanded officials to disclose their assets. She suffered harassment and was arrested on numerous occasions for her social media posts.

On 30 May 2016, Liu Yanli was detained by the police of Jingmen City, Hubei Province for eight months on suspicion of “defamation" for sharing messages mentioning Mao Zedong, Zhou Enlai, Xi Jinping and other CCP leaders at WeChat. She was subsequently granted bail pending trial and was placed under “residential surveillance in a designated location” on 27 May 2018. On 22 November 2018, she was formally arrested on suspicion of “picking quarrels and provoking trouble."

The authorities accused her that her messages which mentioned the leaders of the Chinese Communist Party (referring to Mao Zedong, Zhou Enlai, and Xi Jinping) as “insulting and attacking the Chinese Communist Party," and her words and deeds were suspected of slandering others and disrupting social order. While in custody in 2018, Liu Zeng attempted suicide by cutting her wrists and was rescued. However, both wrists were injured, particularly her left wrist with several nerves disconnected. The officers of the detention centre never notified the family about her injury, hurriedly sent her back to the detention centre before the treatment was complete.

In the court trial on 31 January 2019, the prosecutor accused Liu Yanli of spreading false digital information, namely 29 messages and articles, to attack party and state leaders, and maliciously stir up popular social events. However, the authorities did not provide evidence of the so-called damage she had caused. Liu Yanli pledged innocence, stating that freedom of speech is a citizen’s right, criticizing current affairs and caring about public events is a citizen’s conscience and social responsibility.

It took over one year till the court delivered its verdict. On 6 and 7 November 2019, Liu launched a hunger strike to protest against the long detention without any judgment.

On 24 April 2020, the court sentenced Liu Yanli to four years in prison for “picking quarrels and provoking trouble", till 23 March 2022. The verdict indicates that Liu’s case involved online speech and attacks, insults to party and state leaders, and damage to the image of the government. Liu appealed but the same verdict was upheld in the second hearing.

Since the COVID-19 Lockdown in Hubei Province in January 2020, the authorities have cited the pandemic as an excuse to stop Liu’s family members and lawyers to visit her. The family is very worried about her situation, fearing for her mental health. Reporters Without Borders and Independent Chinese PEN requested the Chinese government to release Liu Yanli immediately. Independent Chinese PEN awarded Liu Yanli the 2018 Lin Zhao Memorial Award.

For more information:
https://www.pen-deutschland.de/de/2020/06/17/china-bloggerin-und-menschenrechtsaktivistin-liu-yanli-ist-sofort-und-bedingungslos-freizulassen/

https://www.frontlinedefenders.org/zh/profile/liu-yanli

https://www.voacantonese.com/a/chinese-rights-activist-sentenced-to-4-yrs-in-proson-for-online-chatting-20200504/5404332.html

Updated: 15 February 2021

沈良慶-長年關注人權和民主議題,包括香港「雨傘運動」和「反送中」運動

2021年2月2日 #沈良慶 一案終於開庭審訊,未有當庭判罪。沈良慶在自辯時控訴在被關押期間受到不人道對待。2019年4月23日,沈良慶在推特上張貼他與日本記者的合照,並說記者是專程到合肥訪談 #六四 的話題,他介紹了自己經歷的本地學潮情況。
5月15日,他被公安從家中帶走,並以涉「尋釁滋事罪」被刑事拘留。2019年6月20日他被正式拘捕,10月24日被起訴。沈良慶長年關注人權和民主議題,包括香港的「#雨傘運動」和「#反送中」運動。

Shen Liangqing was finally tried on 2 February 2021 but no verdict was delivered. In his own defense, Shen said he was ill-treated during detention. On 23 April, 2019, Shen Liangqing posted a photo of him with a Japanese reporter on Twitter, saying that the reporter had made an extra trip to Hefei to cover the 30th anniversary of #June4 Massacre, and he told the journalist about the student movement he had experienced. On 15 May, he was taken away by the police and was then criminally detained, on suspicion of “picking quarrels and provoking trouble." He was formally arrested on 20 June 2019 and indicted on 24 October the same year. Shen has been concerned about human rights and democracy issues for many years, including #HongKong’s #UmbrellaMovement and #AntiExtraditionBill protests.

姓名:沈良慶 (Shen Liangqing)

出生日期:1962年10月6日
職業:前安徽省檢察官,著名政治異見人士

被拘捕日期:2019年5月15日
被拘捕地點:外出溜狗時被合肥市公安局包河分局帶走。
被拘捕罪名:涉「尋釁滋事罪」被刑事拘留。

正式被捕日期:2019年6月20日,家人在6月25日收到《逮捕通知書》
被起訴日期:2019年10月24日

法律代表:劉浩律師

審訊日期:2021年2月2日
審判日期:
判決結果:
刑期:
關押地點:
合肥巿看守所

案件簡介:
沈良慶1984年7月畢業於安徽大學中文系;1984年7月至1992年4月在安徽省檢察院擔任檢察官。1984年,他創辦民間刊物《大學生與社會》,宣揚自由人權與普世價值。因參與六四學運,1992年被合肥法院以「煽動顛覆國家政權罪」判刑,失去公職及入獄一年半。

出獄後仍不斷針砭時弊,為弱勢人士發聲(如政治犯之女張安妮失學),及以前檢察人員的身份評論中共黨內事務,而一直受到當局監控、拘押、軟禁,充公手機電腦等打壓。

2019年4月23日,沈良慶在推特上張貼他與日本記者的合照,並說記者是專程到合肥訪談六四的話題,他介紹了自己經歷的本地學潮情況。5月15日,他被公安從家中帶走,並以涉「尋釁滋事罪」被刑事拘留。2019年6月20日他被正式拘捕,10月24日被起訴,案件於2021年2月2日終於開庭審訊,未有當庭判罪。沈良慶在自辯時控訴在被關押期間受到不人道對待。

據起訴書稱,自2017年至2019年5月被抓捕這段期間,沈良慶利用信息網絡,運用相關軟件,通過推特、臉書等境外社交平台發布貼文,獲關注粉絲2萬餘人。

起訴書還稱,沈良慶所發貼文中,有一部分是通過「歪曲」歷史事件性質、社會敏感熱點等內容,編造「虛假信息」,攻擊、破壞正常社會秩序。

他的代表律師劉浩在沈良慶家屬的陪同下,2019年5月底會見了沈良慶,了解到沈良慶遭拘留初期,被戴上黑頭套、24小時禁止吃喝、禁止去廁所,並被疲勞審訊等酷刑,而審訊內容主要涉及六四和他接受外媒採訪等。

2019年中,國保亦到看守所找沈良慶談話,要求他解除與家屬聘請的律師協議,由官方指定的律師辯護。國保的理由是沈家家庭貧困,貧困戶屬於符合申請法律援助的條件。沈良慶表示堅決不辭退家屬委託的律師。其次堅決不用官方指定的官派律師。如果非用不可,他就拒絕用律師,直接自行辯護。

這次被長期扣留及久未開庭,除了因為他接受外媒訪問談及六四及經常評論中共黨務,另一位熟悉沈良慶的朋友猜測,2014年香港佔中時期,沈良慶曾剃光頭舉牌拍照聲援港人,結果被刑事傳喚和抄家。2019年香港發生大規模反修例示威,考慮到他的敢言作風,當局覺得更有必要囚禁著他。

參考更多資料:
沈良慶的生平:
https://www.bannedbook.org/bnews/zh-tw/baitai/20210113/1466525.html 
http://cppc1989.blogspot.com/2019/06/cppc00764.html 
https://www.ntdtv.com/b5/2019/10/25/a102693349.html

資料更新:2021年1月21日

Name: Shen Liangqing (沈良慶)

Date of birth: 6 October 1962
Occupation: Former prosecutor of Anhui Province, long-time political dissident

Date of detention: 15 May 2019
Location: Taken away while walking his dog by police officers of Baohe District, Hefei City
Ground of detention: Criminally detained, on suspicion of “picking quarrels and stirring up trouble”

Date of formal arrest: 20 June 2019, his family received a “Notice of Arrest” on 25 June 2019
Date of Indictment: 24 October 2019

Legal representation: Lawyer Liu Hao

Date of trial: 2 February 2021
Date of sentencing:
Verdict:
Sentence:
Location of detention/imprisonment:
Detention Centre of Hefei City

Description:

Shen Liangqing graduated from the Chinese Department of Anhui University in July 1984. Between July 1984 and April 1992, he worked as a prosecutor in the Anhui Provincial Procuratorate. In 1984, he founded an independent journal “College Students and Society" to promote freedom, human rights and other universal values. Due to his involvement in the June 4th student movement, he was sentenced by the court in Hefei City in 1992 for “inciting subversion of state power" for 18 months of imprisonment, and lost his job as a prosecutor.

After he was released from prison, he has been a vocal critic on social affairs, voicing for vulnerable people (such as Zhang Anni, daughter of a political prisoner, who was deprived from her right to education ), commenting on the internal affairs of the Communist Party by using his identity of former prosecutor. Therefore, he has been put under surveillance, detention, house arrest, and his mobile phones and computers have been repeatedly confiscated.

On 23 April, 2019, Shen Liangqing posted a photo of him with a Japanese reporter on Twitter, saying that the reporter had made an extra trip to Hefei to cover the 30th anniversary of June 4th Massacre, and he told the journalist about the student movement he had experienced. On 15 May, he was taken away by the police and was then criminally detained, on suspicion of “picking quarrels and provoking trouble." He was formally arrested on 20 June 2019 and indicted on 24 October the same year. Shen was finally tried on 2 February 2021 but no verdict was delivered. In his own defense, Shen said he was ill-treated during detention.

According to the indictment, Shen Liangqing used network and related softwares to post on Twitter, Facebook and other overseas social platforms, attracted more than 20,000 followers between 2017 and May 2019. It states that some of Shen Liangqing’s posts were to fabricate “false information" by “distorting" the nature of historical events, sensitive social topics and etc., in order to disrupt social order.

In late May 2019, Lawyer Liu Hao, accompanied by Shen Liangqing’s family, met with Shen Liangqing. He learned that in the beginning of the detention, Shen Liangqing suffered from torture, including being hooded, prohibited from eating and drinking for 24 hours, prohibited from going to the toilet, and forced to go through continuous interrogation. The interrogation was mainly about June Fourth and his interviews with foreign journalists.

In mid-2019, the state security officers tried to persuade Shen to dismiss his own lawyer and to be represented by the lawyer appointed by the authorities. The sate security officers claimed that Shen’s family is poor and the poor households are eligible for legal aid. Shen Liangqing refused to dismiss the lawyer entrusted by his family and declined any officially appointed lawyers. Shen said he would be prepared to defend himself without any lawyers, if the authorities would force him to accept lawyers they appoint.

Despite his interviews with foreign media about June Fourth and frequent criticisms against the Communist Party, his long detention without trials could be interpreted as a way to stop him from voicing for the Hong Kong protesters. Back in 2014, Shen shared a picture of himself, who shaved his head and held up a placard to support Hong Kong protesters during the Umbrella Movement. He was then summoned by the authorities and his home was ransacked. In 2019, the Hong Kong people launched large-scale protests to fight against the amendments of the extradition bill. Considering his courageous style, the authorities might feel that it was better to detain him, in order to silence him.

For more information:

https://www.bannedbook.org/bnews/zh-tw/baitai/20210113/1466525.html
https://www.rfa.org/english/news/china/shenliangqing-mistreatment-05302019141339.html
http://cppc1989.blogspot.com/2019/06/cppc00764.html
https://www.ntdtv.com/b5/2019/10/25/a102693349.html

Updated on: 26 January 2021

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

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

李昱函 – 人權律師被拘押三年仍未審判,患多種疾病狀況令人擔憂

2017年10月9日,#李昱函 律師前往遼寧省瀋陽市為一當事人辦案時,在火車站被瀋陽市公安局和平分局警察帶走;10月31日被瀋陽市和平區警方以涉嫌「尋釁滋事罪」刑事拘留,拘押至今三年仍未審判 。李昱函年過60,患有七種疾病,狀況令人擔憂。

On 9 October 2017, when lawyer #LiYuhan went to Shenyang City of Liaoning Province to handle a case for a client, she was taken away from the railway station by the police from Heping District of Shenyang Public Security Bureau. On 31 October 2017, she was put under criminal detention for “picking quarrels and provoking troubles”. She has been detained for over three years but no trial date has yet been set. She suffers from 7 illnesses. Her situation is worrying.

姓名:李昱函 (Li Yuhan)

出生日期:1957年10月9日
職業:人權律師

被拘捕日期:2017年10月9日
被拘捕地點:前往遼寧省瀋陽市為一名當事人辦案時,突然在火車站被瀋陽市公安局和平分局警察帶走
被拘捕罪名:「尋釁滋事罪」

正式被捕日期:2017年11月15日,被瀋陽市和平區檢察院以同罪名正式批捕
被起訴日期:2018年3月,她被加控詐騙罪,兩項控罪移交檢察院審查起訴

法律代表:原為馬衛和吳莉律師,李昱函考慮到兩位律師面臨的風險和壓力,於2020年4月18日解除了委託關係。現任律師為藺其磊律師

審訊日期:原定2019年4月9日一審,但被突然取消,之後多次推延審訊日期,至今被拘捕滿三年仍未審未判
審判日期:
判決結果:
刑期:
關押地點:
瀋陽市第一看守所

案件簡介:
李昱函在1990年考取律師資格,1991年開始在家鄉遼寧執業;多年來因參與維權案件,而遭到當局的打壓和迫害。 2006年,因舉報瀋陽市一黑社會頭目,遭到與其勾結的瀋陽市和平區警方報復,被綁架、關押與暴力對待。 2009年,為逃避遼寧警方迫害前往北京工作,開始在北京市敦信律師事務所執業。

2015年709大抓捕期間,李昱函勇敢地擔任被捕人權律師王宇的辯護律師,因而被當局列為重點管控律師。而瀋陽市公安局因為李昱函早年的舉報行動,一直尋機報復她。

2017年10月9日,當其在前往遼寧省瀋陽市為一當事人辦案時,突然在火車站被瀋陽市公安局和平分局警察帶走;2017年10月31日被瀋陽市和平區警方以涉嫌「尋釁滋事罪」刑事拘留;同年11月15日,被瀋陽市和平區檢察院以同罪名正式批捕。 2018年3月,她被加控詐騙罪,兩項控罪移交檢察院審查起訴。 2019年4月9日,原定在瀋陽巿和平區法院開庭,臨時被取消,被捕至今已三年仍未審未判。

李昱函年過60歲,患有七種疾病:心律失常、冠心病、不穩定性心絞痛、甲亢、糜爛性胃炎、頭外傷腦震盪(長期維權被打的)和腦梗。她被刑拘後,有至少80名維權律師與異議人士聯署聲明,要求瀋陽警方盡快釋放李昱函,以保障她的身體健康。

李律師在被拘留期間,受到酷刑和虐待。看守所官員和犯人一直折磨她,只准讓她用冰冷的洗澡;扣減她的食物;不讓家人送藥給她;把她的蔬菜水果放在廁所地板上,故意在上面拉尿後才再讓她去吃;親友為其存錢亦被看守所拒絕等。

2020年6月4日,李昱函律師的辯護律師馬衛、吳莉與家屬,去遼寧省瀋陽市看守所要求會見時被告知,李昱函已解除與兩名律師的委託關係,律師當場要求見本人核實,看守所安排三人短暫見面,確認由李昱函考慮到兩位律師面臨的風險和壓力,於2020年4月18日解除了委託關係,但當局一直未有通知律師。李昱函的現任律師為藺其磊律師。

藺律師在2020年10月27日和李昱函見面李昱函律師認為起訴書指控其涉嫌尋釁滋事罪的是完全不能成立,所謂的詐騙罪更是為了迫害打壓她多年維權而蒐集的荒唐指控。簡單的案件事實卻長達三年多還沒有結果更印證了其案只是為了打壓她,她拒絕司法機關要其寫「認罪認罰書」而換取早日獲釋,她堅決不認罪。

律師因為超期羈押的問題,曾向法院申請取保候審;也因她的健康情況要求保外就醫但不獲理會。

參考更多資料:
http://wqw2010.blogspot.com/2019/03/201949.html 
https://www.chinaaid.net/2020/01/blog-post_9.html

資料更新:2020年10月30日

Name: Li Yuhan (李昱函)

Date of birth: 9 October1957
Occupation: Human rights lawyer

Date of detention: 9 October 2017
Location: Li Yuhan went to Shenyang City, Liaoning Province to handle a case for a client. She was taken away by the police from the Heping District of Shenyang Public Security Bureau.
Ground of detention: Picking quarrels and provoking trouble

Date of formal arrest: 15 November 2017. She was officially arrested by Shenyang City’s Heping District Procuratorate on the same charge.
Date of Indictment: In March 2018, she was additionally charged with fraud. The two charges laid against her were transferred to the procuratorate for consideration of indictment.

Legal representation: Her lawyers were formerly Ma Wei and Wu Li. Li Yuhan were worried about the pressure and risk the two lawyers would face and terminated their representation on 18 April 2020. Her current lawyer is Lin Qilei

Date of trial: The trial was first scheduled to be held on 9 April 2019 but was canceled shortly before then. Her trial has been rescheduled for several times. She has been detained for more than three years and no hearing has ever taken place.
Date of sentencing:
Verdict:
Sentence:
Location of detention/imprisonment:
No. 1 Detention Centre of Shenyang City

Description:
Li Yuhan became a lawyer in 1990 and began to practice in her home province Liaoning in 1991. Over the years, she has been suppressed and persecuted by the authorities for her engagement in cases defending human rights. In 2006, after exposing a mafia head in Shenyang, who was “protected” by the Heping District police, Li was kidnapped, detained and physically assaulted by the authorities. In 2009, in order to escape the persecution from police in Liaoning Province, she went to work in Beijing and began to practice in Beijing Dunxin Law Firm.

During the 709 Crackdown in 2015, Lawyer Li represented Lawyer Wang Yu (王宇), the major target in a campaign of mass arrests against human rights lawyers in China. Since then, she was under constant surveillance.

On 9 October 2017, when she went to Shenyang City of Liaoning Province to handle a case for a client, she was taken away from the railway station by the police from the Heping District of the Shenyang Public Security Bureau, who had been planning for retaliation over the years. On 31 October 2017, she was put under criminal detention for “picking quarrels and provoking troubles"; on 15 November, she was formally arrested by the Heping District Procuratorate of Shenyang City on the same charge. In March 2018, she was additionally charged with fraud and the two charges were transferred to the procuratorate. The first hearing was originally scheduled to be held on 9 April 2019 at the Heping District Court of Shenyang City, but was canceled shortly before then. It has been three years since her detention, she has neither been tried or judged.

Li Yuhan is over 60 years old and suffers from seven medical conditions: arrhythmia, coronary heart disease, unstable angina, hyperthyroidism, acute erosive gastritis, cerebral concussion (from violent assaults due to her work), and cerebral ischemia. Over 80 human rights lawyers and dissidents jointly signed a statement demanding the Shenyang police to release Li Yuhan as they were particularly concerned about her health.

Li has made serious allegations of torture from the detention center guards and other detainees. They forced to take shower with cold water in winter, gave her very little food, refused her family to give her medicine. They would put her vegetables and fruits on the toilet floor, urinated on them at will, before they gave them to Li. Her family was not allowed to send her money to spend in the detention centre.

On 4 June 2020, her lawyers Ma Wei, Wu Li and her family demanded to visit her in the No.1 Detention Center of Shenyang City. The two lawyers were told that Li Yuhan had terminated their representation, they demanded to hear it directly from Li. Li confirmed that she terminated their representation on 18 April 2020, as she worried her lawyers would face enormous pressure from the authority. However, the authority failed to inform her lawyers. Her current lawyer is Lin Qilei

Lawyer Lin met with Li Yuhan on 27 October 2020. Li Yuhan believes that the charge of provoking quarrels is completely unfounded and the so-called fraud is a ridiculous accusation, they are simply made up to crack her down and stop her from defending human rights. The fact that such a simple case could have taken more than three years without any outcome confirms that it is groundless. She refused the judicial authorities’ offer to write a “confession letter" in exchange for earlier release and would plead not guilty, if a hearing would take place.

Due to the overdue custody, her lawyers applied to the court for bail pending trial; they also applied for medical parole due to her health condition, both of the applications were not granted.

For more information:
https://www.nchrd.org/2017/12/li-yuhan/

Updated: 2 November 2020

凌浩波 – 被抓捕前曾發推文聲援香港「反送中」運動

2020年8月4日,#凌浩波 突然從監獄致電他父親,請他存錢,他的家人才獲悉凌浩波已被秘密審判,並已從河源市看守所被轉到河源監獄。但凌浩波家人一直沒有收到開庭通知,河源公安聲稱已把判決書寄到凌浩波戶籍地湖北,但家人曾嘗試取件,但戶籍地工作人員否認收到相關文件。被抓捕前,凌浩波亦曾發推文聲援香港「反送中」運動。

On 4 August 2020, #LingHaobo suddenly called his father from the prison, asking him to deposit money for him. His family realized that Ling had been secretly tried and transferred from Heyuan City Detention Centre to Heyuan Prison. But his family has not received any notification about his trial. Heyuan police claimed that they sent the written verdict to Hubei, where Ling’s residential status is registered. Ling’s family has tried to get the document but the staff at the Hubei office denied having received the concerned document. Before being detained, Ling Haobo had tweeted to support Hong Kong’s Anti-Extradition Bill protests.

姓名:凌浩波(原名:凌建華)

出生年份:1986年
職業:廣東省河源市華登玩具制品有限公司員工

被拘捕日期:2019年6月19日被刑事拘留
被拘捕地點:於廣東省河源市華登玩具製品有限公司上班時被河源市警方帶走
被拘捕罪名:尋釁滋事罪

正式被捕日期:以同樣罪名於2019年11月22日被正式逮捕
被起訴日期:

法律代表:

審訊日期:
審判日期:
判決結果:
刑期:
關押地點:
廣東省河源監獄

案件簡介:
因為在推特關注獨立電影拍攝者鄧傳彬(網名:晃晃)被關押的消息,凌浩波於2019年5月29日被廣州市白雲區公安傳喚,期後被帶回湖北老家。6月14日回廣州後,公安給他在白雲區的房東壓力,要求他搬走。

2019年6月17日回河源市華登玩具製品有限公司上班,他在6月19日上班時,被河源市公安帶走,期後以「尋釁滋事罪」被刑事拘留。凌被捕後,廣東公安曾到他在湖北隨州的家,抄走了他的電腦、手機、書籍和文件等。

直到2019年11月22日,河源市檢察院以「尋釁滋事罪」批准凌浩波被正式逮捕,指控他在推特上轉發關於鄧傳彬和「六四白酒」案(四名因紀念六四被捕的人士符海陸、張雋勇、羅富譽和陳兵)的訊息,以此來說他違反了中國的網絡法規。

此後,凌浩波的家人一直沒有收到任何關於他的訊息,直到2020年8月4日,凌浩波突然從監獄致電他父親,請他存錢,他的家人才獲悉凌浩波已被秘密審判,並已從河源市看守所被轉到河源監獄。但凌浩波家人一直沒有收到開庭通知,河源公安聲稱已把判決書寄到凌浩波戶籍地湖北,但家人曾嘗試取件,但戶籍地工作人員否認收到相關文件。

被抓捕前,凌浩波亦曾發推文聲援香港「反送中」運動。

參考更多資料:
https://twitter.com/free_linghaobo
http://wqw2010.blogspot.com/2019/07/blog-post_88.html
http://wqw2010.blogspot.com/2020/09/blog-post_51.html

資料更新:2020年10月3日

Name: Ling Haobo (original name: Ling Jianhua)

Date of birth: 1986
Occupation: Employee of Huadeng Toys Products Company Limited in Heyuan, Guangdong

Date of detention: criminally detained on 16 June 2019
Location: taken away by Heyuan police when he was working at Huadeng Toys Products Company Limited
Ground of detention: Picking quarrels and provoking trouble

Date of formal arrest: 22 November 2019, with the same charge
Date of Indictment:

Legal representation:

Date of trial:
Date of sentencing:
Verdict:
Sentence:
Location of detention/imprisonment:
Heyuan Prison

Description:
Ling Haobo was summoned by police from Baiyun District, Guangzhou Municipality, for interrogation on 29 May 2019 and taken back to his hometown in Hubei province after he tweeted about the detention of independent filmmaker Deng Chuanbin (online name: Huang Huang). After he returned to Guangzhou on 14 June 2019, police put pressure on his landlord in Baiyun District who asked him to move out.

Ling returned to work at Huadeng Toys Products Company Limited in Heyuan City on 17 June 2019. When he was working at the company on 19 June, he was taken away by Heyuan police and was later criminally detained on suspicion of “picking quarrels and provoking trouble”. After he was detained, Guangdong police went to his home in Suizhou to take away his computer, mobile, books and some documents.

Until 22 November 2019, Heyuan City Procuratorate approved Ling’s formal arrest for the charge of “picking quarrels and provoking trouble” and accused him of retweeting information about Deng Chuanbin and the “June 4 Liquor” case (four activists Fu Hailu, Zhang Junyong, Luo Fuyu and Chen Bing detained for commemorating June 4), citing that as accusing him of violating China’s internet laws and regulations.

Since then, Ling’s family had not received any information about him. Until 4 August 2020, Ling Haobo suddenly called his father from the prison, asking him to deposit money for him. His family realized that Ling had been secretly tried and transferred from Heyuan City Detention Centre to Heyuan Prison. But his family has not received any notification about his trial. Heyuan police claimed that they sent the written verdict to Hubei, where Ling’s residential status is registered. Ling’s family has tried to get the document but the staff at the Hubei office denied having received the concerned document.

Before being detained, Ling Haobo had tweeted to support Hong Kong’s Anti-Extradition Bill protests.

For more information:
https://twitter.com/free_linghaobo
http://wqw2010.blogspot.com/2019/07/blog-post_88.html
http://wqw2010.blogspot.com/2020/09/blog-post_51.html

Updated on: 3 October 2020

朱承志 -2020年8月7日以「尋釁滋事罪」被判刑3年半

 

2020年8月7日,湖南維權人士朱承志被江蘇省蘇州市吳中區法院以「尋釁滋事罪」判刑3年半。2019年8月20日,朱承志被審訊後,差不多一年才被判決。雖然判決書中沒有提及他到文革學生領袖和受難者林昭的墓前致祭,但他的朋友相信朱承志於2018年4月29日被公安帶走和翌日被「指定居所監視居住」與他紀念林昭的死忌有關,林昭於1968年4月29日被迫害致死。判決書指控,朱承志在網上平台散佈140餘條攻擊國家領導人和50餘條政治制度的訊息。

On 7 August 2020, Hunan activist Zhu Chengzhi was sentenced to 3.5 years imprisonment for “picking quarrels and provoking trouble” by Wuzhong District Court in Suzhou City, Jiangsu Province. He was sentenced almost one year after his trial on 20 August 2019. The verdict accused that Zhu disseminated over 140 posts and over 50 posts on these online platforms attacking state leaders and China’s political system. But his friends believe he was detained because he went to commemorate at Cultural Revolution victim Lin Zhao’s grave.


姓名:朱承志

出生年份:1950年10月18日
職業:維權人士

被拘捕日期:2018年4月29日於蘇州市被公安帶走,翌日4月30日被「指定居所監視居住」;2018年10月29日被刑事拘留
被拘捕地點:江蘇省蘇州市
被拘捕罪名:尋釁滋事罪
正式被捕日期:2018年11月12日
被起訴日期:2019年7月20日

法律代表:張磊律師、吳紹平律師

審訊日期:2019年8月20日
審判日期:2020年8月7日
判決結果:被裁定「尋釁滋事罪」成立
刑期:監禁三年半
關押地點:蘇州市第一看守所

案件簡介: 2020年8月7日,湖南維權人士朱承志被江蘇省蘇州市吳中區法院以「尋釁滋事罪」被定罪和判刑三年半。他於2019年8月20日被審訊後,差不多一年後才被判決。

雖然判決書中沒有提及關於他到文革學生領袖和受難者林昭的墓前致祭,但他的朋友相信朱承志於2018年4月29日被公安帶走和翌日被「指定居所監視居住」與他紀念林昭的死忌有關,林昭於1968年4月29日被迫害致死。

據判決書所指,朱承志被控自2010年以來於在大陸被禁的推特(Twitter)和臉書(Facebook)「大量散佈嚴重損害國家形像、嚴重危害國家利益的虛假信息,起哄鬧事,混淆視聽,造成公共秩序嚴重混亂。」判決書又特別指出,朱承志在這些網上平台散佈140餘條和50餘條攻擊國家領導人和政治制度的訊息。

朱承志長年以來被公安騷擾,包括曾於2012年因拍攝短片質疑官方關於湖南維權人士李旺陽自殺的說法。隨後,於2013年3月,他被湖南邵陽公安秘密拘禁。

參考更多資料:
https://wqw2010.blogspot.com/2020/08/36.html
http://cppc1989.blogspot.com/2018/09/cppc00698.html

資料更新:2020年8月13日

Name: Zhu Chengzhi (朱承志)

Date of birth: 18 October 1950
Occupation: Activist

Date of detention: Seized by police in Suzhou city on 29 April 2018 and placed under “residential surveillance in a designated location” on 30 April 2018; criminally detained on 29 October 2018
Location: Suzhou City, Jiangsu Province
Ground of detention: Picking Quarrels and Provoking Trouble
Date of formal arrest: 12 November 2018
Date of Indictment: 20 July 2019

Legal representation: Zhang Lei and Wu Shaoping

Date of trial: 20 August 2019
Date of sentencing: 7 August 2020
Verdict: Convicted of “picking quarrels and provoking trouble”
Sentence: 3.5 years imprisonment
Location of detention/imprisonment: Suzhou City No. 1 Detention Centre

Description: On 7 August 2020, Hunan activist Zhu Chengzhi was sentenced to 3.5 years imprisonment for “picking quarrels and provoking trouble” by Wuzhong District Court in Suzhou City, Jiangsu Province. He was sentenced almost one year after his trial on 20 August 2019.

Although no mention in the indictment and verdict about him paying tribute at the grave of Lin Zhao, a prominent student leader and a victim during the Cultural Revolution, his friends believe that police took away Zhu on 29 April 2018 and subsequently placed him under “residential surveillance in a designated location” on the next day was related to his commemoration of Lin Zhao who died on 29 April 1968.

According to the verdict, Zhu was accused of using Twitter and Facebook, both banned in China, since 2010 “to disseminate large amount of fake information to damage national image and seriously endanger national interest and to stir up trouble, causing misunderstanding and serious disturbance of public order”. The verdict also particularly highlighted that Zhu disseminated over 140 posts and over 50 posts on these online platforms attacking state leaders and China’s political system.

Zhu was often harassed by the police, including previously detained for about seven months in 2012 for filming a short documentary questioning the authorities’ claim about Hunan activist Li Wangyang’s death to be suicide. He was subsequently placed under secret detention in March 2013 by police officers from Shaoyang City, Hunan province.

For more information:
https://wqw2010.blogspot.com/2020/08/36.html
http://cppc1989.blogspot.com/2018/09/cppc00698.html

Updated on: 13 August 2020