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