耿瀟男 — 曾聲援清華大學許章潤教授,「非法經營罪」罪名成立被判刑三年

(更新 9/2/2021)曾聲援清華大學許章潤教授的出版企業家 #耿瀟男 今天(2月9日)於北京海澱區法院被判「非法經營罪」罪名成立判刑三年。她的前夫秦真被判刑兩年半、緩刑三年。耿瀟男也曾為要求習近平下台而遭拘捕的法學學者許志永、律師丁家喜、成都牧師王怡等人呼籲,以及多年來幫助鮑彤、姚監復等著名異見人士。

Publisher #GengXiaonan who supported Tsinghua University professor Xu Zhangrun has been sentenced to 3 years in prison for “illegal business operation". Her former husband Qin Zhen was sentenced to 2.5 years, suspended for three years. #GengXiaonan had called for the release of legal scholar Xu Zhiyong, lawyer Ding Jiaxi and Chengdu Christian pastor Wang Yi. Over the years, she also supported prominent dissident like Bao Pu and Yao Jianfu.

姓名: 耿瀟男(Geng Xiaonan)

出生日期:1974年4月16日
職業:出版人,獨立電視製作人,文化企業家,現任傳奇天輝影視文化(北京)有限公司董事長

被拘捕日期:2020年9月9日
被拘捕地點:與前夫秦真在北京被公安帶走
被拘捕罪名:被北京警方以「印刷、銷售非法出版物」為由,加以涉嫌「非法經營罪」刑事拘留

正式被捕日期: 2020年10月15日被海澱區檢察院以涉嫌「非法經營罪」批捕,12月14日移送海澱區檢察院審查起訴
被起訴日期:2021年1月29日(律師在當天收到起訴通知)

法律代表:尚寶軍律師 (尚律師在2021年1月13日被通知耿已取消了對他的委任),屈振紅律師

審訊日期: 預定2021年2月9日在海澱區法院開庭
判決結果:
刑期:
關押地點:
北京市海澱看守所

案件簡介:
北京市公安局海澱分局指耿瀟男開設的公司最近十年印刷、銷售非法出版物涉嫌「非法經營」,當時官方認定涉案書籍達8,000冊,涉案金額為16萬元人民幣(2.43萬美元),不久後公安將原來的8,000冊書籍提升至20萬冊,涉案金額也相應提升至數百萬元。這些書籍包括烹飪、營養及養生方面。

外界則認為,當局抓捕耿瀟男與她近年積極參與社會公共活動有關。例如2020年7月6日,清華大學教授許章潤被警察帶走,耿瀟男率先在海外社交平台發布相關消息,為許章潤抱不平。中國公民記者陳秋實在武漢報導2019冠狀病毒疫情失蹤時,耿瀟男也曾為他向外求援。她也曾替要求習近平下台而遭拘捕的法學學者許志永、律師丁家喜、成都牧師王怡等人呼籲。因批評中共而被開除黨籍的中央黨校前教授蔡霞則在推特上透露,多年來耿瀟男還幫助包括鮑彤、姚監復等異議人士。她在2020年7月下旬表示,外出受到便衣公安跟蹤。

2020年9月30日,律師尚寶軍首次在看守所會見耿瀟男,明顯較以往憔悴。耿被拘留初期,幾乎每日接受密集提審,雖然沒有受到肉體上的虐待,但羈押在一個20人的牢房,已是一種折磨。2020年12月1日,尚律師再次會見耿瀟男,得知辦案單位上個月密集提審耿瀟男,以人身攻擊甚至辱罵逼迫她認罪,又將她調至另一個牢房,遭到「新獄友」霸凌,拘押待遇惡化。

2020年12月7日報導,獨立中文筆會將本年度「林昭紀念獎」授予耿瀟男,以表揚她明知危險仍不畏懼的勇氣,並呼籲中共當局立即無條件釋放耿瀟男。

2021年1月13日,律師尚寶軍前往探望耿瀟男時,被當局告知耿已解聘了他。據悉當局向耿瀟男表示,給予她最輕處罰的前提是解聘曾經代理劉曉波、高瑜等案件的著名人權律師尚寶軍。此案將於2月9日在北京市海淀區人民法院審理。據猜測,選擇在春節前開庭,是希望趁節假日淡化大眾的關注及減少前來法院聲援的人數。

參考更多資料:
https://www.chinesepen.org/blog/archives/157398
https://www.secretchina.com/news/b5/2020/09/30/947763.html
這次為妳而吶喊 許章潤:中國藝術家耿瀟男失聯
https://www.ntdtv.com/b5/2020/12/08/a103004681.html

資料更新:2021年2月3日

Name: Geng Xiaonan (耿瀟男)

Date of birth: 16 April 1974
Occupation: Publisher, independent TV producer, entrepreneur, current director of Legend Tianhui Film and Television Culture (Beijing) Co., Ltd.

Date of detention: 9 September 2020
Location: Police detained her and her former husband Qin Zhen in Beijing.
Ground of detention: Beijing police put her in criminal detention on suspicion of “illegal business operation" for “printing and selling illegal publications"

Date of formal arrest: Formal arrest approved by Beijing’s Haidian District Procuratorate on suspicion of “illegal business operation” on 15 October 2020. The case has been passed on to Haidian District Procuratorate for further investigation and indictment on 14 December 2020.

Date of Indictment: On 29 January 2021 her lawyer received the indictment)

Legal representation: Lawyer Shang Baojun (on 13 January 2021, Lawyer Shang was informed that Geng had dismissed him), Lawyer Qu Zhenhong

Date of trial: On 9 February 2021 the trial will take place in Beijing Municipality Haidian District People’s Court
Date of sentencing:
Verdict:
Sentence:
Location of detention/imprisonment: Beijing’s Haidian District Detention Centre

Description:
The Haidian Branch of the Beijing Municipal Public Security Bureau first alleged Geng’s company with being involved in illegal publications of 8,000 books in the past ten years, with an amount involved of 160,000 Yuan (approximately equal to USD 24,300). However, the public security increased the original 8,000 volumes to 200,000 volumes shortly afterwards, and the amount involved in the case also increased to several million yuan. The so-called illegal publications involved cooking, nutrition and health issues.

It is believed the charge is simply a cover-up. What led to her detention is her active participation in social and civil society activities in recent years. On 6 July 2020, Xu Zhangrun, a professor at Tsinghua University who was outspoken in pointing out current issues and criticizing authorities, was taken away by the police. Geng Xiaonan was the first to publish related news on overseas social platforms, advocating for the release of Xu Zhangrun and posted an article to show support for Xu after Tsinghua University fired him. When the Chinese citizen reporter Chen Qiushi went missing while reporting the COVID-19 pandemic in Wuhan in February 2020, Geng Xiaonan sought help for him. She also appealed on behalf of the legal scholar Xu Zhiyong (who wrote an open statement, asking Xi Jinping to step down), lawyer Ding Jiaxi, and Chengdu pastor Wang Yi. Cai Xia, a former professor at the Central Party School who was expelled from the CCP for criticizing the CCP, revealed on Twitter that Geng Xiaonan had also helped dissidents including Bao Tong and Yao Jianfu over the years. Geng also said in late July that she was followed by plainclothes police when she went out.

On 30 September 2020, Lawyer Shang Baojun visited Geng Xiaonan in the detention centre for the first time. He pointed out that she was obviously more haggard than before. In the first days of her detention, Geng faced intensive interrogation daily. Although she was not physically abused, she had to live with 20 people in a room and it felt like torture to her. On 1 December, when Lawyer Shang visited Geng again, he learned that the authority handling the case had intensively interrogated Geng Xiaonan the previous month, forced her to confess with personal insults. She was even transferred to another cell, where the “new inmates" bullied her. In general, the conditions in the detention centre deteriorated.

On 7 December, the Independent Chinese PEN Center announced that this year’s “Lin Zhao Memorial Award" was awarded to Geng Xiaonan, in recognition of her courage in speaking out for justice without regarding for her own safety, and called on the Chinese authorities to immediately and unconditionally release Geng Xiaonan. Lin Zhao Memorial Award is to commemorate a Mao-era dissident who was executed after continuing to write in prison using her own blood as ink.

On 13 January 2021, when Lawyer Shang went to visit Geng in the detention centre, the authorities told him that Geng had dismissed him. According to other news sources, the authorities told Geng that she must dismiss Lawyer Shang in order to exchange for the most lenient punishment. Lawyer Shang Baojun is a well-known human rights lawyer who represented Liu Xiaobo, Gao Yu and many others. The trial will take place in Beijing Municipality Haidian District People’s Court on 9 February 2021, right before the Chinese new year. It is believed that the authorities chose the date carefully, hoping that it would attract less public attention and reduce the number of people who come to the court to show support.

For more information:
https://www.rfa.org/english/news/china/justice-12112020092429.html
https://www.chinaaid.org/2020/10/beijing-authorities-detain-geng-xiaonan.html
http://asianews.it/news-en/Publisher-Geng-Xiaonan-arrested-for-defending-dissident-professor-Xu-Zhangrun-51379.html

Updated on: 3 February 2021