秦永敏 Qin Yongmin-被指「接受外媒採訪及寫文章過多」,以「顛覆國家政權罪」判有期徒刑13年,剝奪政治權利3年

2018年7月11日,武漢中級法院公開判處著名民運人士 #秦永敏 罪名成立,有期徒刑13年,剝奪政治權利3年。2015年1月19日,秦永敏與妻子趙素利在武漢家中被公安帶走,秦永敏因「接受外媒採訪及寫文章過多」被行政拘留。其妻趙素利也被關押,與外界失聯。直至2016年6月,秦永敏被武漢市人民檢察院以「顛覆國家政權罪」起訴。直到2017年12月29日,趙素利失蹤近三年,國保才首次承認,趙素利還在人間,因為當局要調查秦永敏案而遭到控制。2018年2月初才獲釋,但據報處於軟禁狀態。

On 11 July 2018, the Wuhan City Intermediate People’s Court convicted and sentenced veteran pro-democracy activist #QinYongmin to 13 years in prison and three years of deprivation of political rights. On 19 January 2015, Qin and his wife Zhao Suli were taken away by the police from their home in Wuhan City. Qin Yongmin was first administratively detained for “being interviewed by foreign media and writing too many articles". His wife was also detained and lost contact with others from then on. In June 2016, he was prosecuted by the Wuhan City People’s Procuratorate for “inciting subversion of state power”. Until 29 December 2017, after Zhao Suli had disappeared for nearly three years, the State Security officers first confirmed that Zhao Suli had been held in custody because the authorities wanted to investigate Qin Yongmin and kept her under their control. She was only released in early February 2018, but reportedly still lives under house arrest.

姓名:秦永敏 (Qin Yongmin)

出生日期:1953年8月11日
職業:異見人士,中國民主黨創立者之一

被拘捕日期:2015年1月19日
被拘捕地點:在武漢家中被公安帶走
被拘捕罪名:因「接受外媒採訪及寫文章過多」被行政拘留。其妻趙素利也被關押,與外界失聯。

正式被捕日期:未知
被起訴日期:2016年6月,他被武漢市人民檢察院以「顛覆國家政權罪」起訴

法律代表:劉正清律師、藺其磊律師

審訊日期:2018年5月11日
審判日期:2018年7月11日,武漢中級法院公開宣判

判決結果: 罪名成立
刑期: 有期徒刑13年,剝奪政治權利3年,未有交代詳細案情和判決理由
關押地點:湖北潛江廣華監獄

案件簡介:
秦永敏,湖北人,自1970年代末投入民主運動,亦是中國民主黨的創辦人之一,至今已坐牢超過25年。

1981年,他因主編民主刊物被控以「反革命宣傳煽動」獲刑8年。 1993年,他因呼籲當局釋放所有政治犯、重新評價1989年學生示威運動以及隨後的鎮壓、允許流亡學生回國,而被勞動教養兩年。 1998年,秦永敏因參與創立中國民主黨,被判有期徒刑12年。

2015年1月19日,秦氏夫婦在武漢家中被公安帶走,秦永敏因「接受外媒採訪及寫文章過多」被行政拘留。其妻趙素利也被關押,與外界失聯。 2016年6月,他被武漢市人民檢察院以「顛覆國家政權罪」起訴,起訴書稱,「秦永敏為實現其多元化的民主政治,一方面撰寫文章、出版書籍,提出了’全民和解、人權至上、良性互動、和平轉型’政治目標,確定基本方針、過程和戰略考量、策略和方法,一方面組織策劃實施了一系列旨在顛覆國家政權的活動。」

案件拖了三年多才於2018年5月11日開審,但當日前往旁聽的公民皆被駐守在法院外的公安帶走。據秦永敏的律師當日觀察,秦是三個法警架著,「開庭」不到10分鐘就中止。第二天上午秦仍由兩個法警架著拖進法庭,但秦一言不發,精神狀況極不正常,表面看來是處於昏迷狀態。律師要求先對秦作醫學鑒定,以證明他是否適合受審,但合議庭強行要開庭,並說秦永敏身體狀況可以開庭,以律師不是醫護專業為由,否決他們的要求。

2018年7月11日,武漢中級法院公開判處秦永敏罪名成立,有期徒刑13年,剝奪政治權利3年。刑期之長引來國際批評,歐盟7月11日發表聲明:「中國公民和政治權利狀況惡化,不少中國人權捍衛者正被囚禁或定罪。」

秦永敏的妻子趙素利在2015年1月19日被強迫失蹤,其間家人親友曾向當局多方打聽,毫無下文;直到2017年12月29日,趙素利失蹤近三年,國保才首次承認,趙素利還在人間,因為當局要調查秦永敏案而遭到控制。2018年2月初才獲釋,但據報處於軟禁狀態。

參考更多資料:

判決書:http://www.bnn.co/news/gb/china/2018/07/201807250320.shtml
https://bnn.co/news/gb/china/2018/08/201808011846.shtml
https://www.rti.org.tw/news/view/id/394034

資料更新:2021年4月19日

Name: Qin Yongmin (秦永敏)

Date of birth: 11 Augusts 1953
Occupation: Dissident, one of the founders of Democracy Party of China

Date of detention: 19 January 2015
Location of detention: He was taken by police from his home in Wuhan City
Ground of detention: He was administratively detained for “being interviewed by foreign media and writing too many articles." His wife Zhao Suli was also detained and lost contact with friends and relatives

Date of formal arrest: Unknown
Date of Indictment: In June 2016, he was indicted by the Wuhan City People’s Procuratorate for “inciting subversion of state power”

Legal representation: Lawyer Liu Zhengqing, Lawyer Lin Qilei

Date of trial: 11 May 2018
Date of sentencing: 11 July 2018, Wuhan Intermediate People’s Court publicly sentenced him
Verdict: Convicted

Sentence: 13 years of imprisonment, 3 years of deprivation of political rights, the court did not explain the details of his case and the reasons for the judgment
Location of detention/imprisonment: Guanghua Prison, Qianjiang City, Hubei Province

Description:
Qin Yongmin, a native of Hubei Province, has been involved in the pro-democracy movement since the late 1970s. He is also one of the founders of Democracy Party of China. At the time of writing, he has served sentences in prison for more than 25 years.

He was arrested in 1981 and sentenced to eight years in prison for “crime of counter-revolutionary propaganda and incitement" as he became an editor for a pro-democracy magazine. In 1993, he was sentenced to re-education through labour for two years for calling on the authorities to release all political prisoners, re-evaluating the 1989 student movement and its subsequent suppression, and allowing exiled students to return to China. In 1998, Qin Yongmin was sentenced to 12 years in prison for participating in the founding of Democracy Party of China.

On 19 January 2015, Qin and his wife Zhao Suli were taken away by the police from their home in Wuhan City. Qin Yongmin was first administratively detained for “being interviewed by foreign media and writing too many articles". His wife was also detained and lost contact with others from then on. In June 2016, he was prosecuted by the Wuhan City People’s Procuratorate for “inciting subversion of state power”.

The indictment reads, “… in order to realize his diversified democratic political view, on one hand, Qin Yongmin wrote articles and published books, to raise the political goals of ‘universal reconciliation, the inviolability of human rights, well-intended interactions and peaceful transformation’. He also drew up basic policies, procedure, strategic planning and methods. On the one hand, he organized, planned and implemented a series of activities which aimed to subvert state power."

It took the authorities over three years to start the trial on 11 May 2018. Citizens who went to the hearing, were taken away by the police, who had stationed outside the court. According to Qin Yongmin’s lawyers, Qin was held by three bailiffs, and the “hearing" was suspended after 10 minutes. The next morning Qin was dragged into the court by two bailiffs, but Qin said nothing, his mental condition was extremely abnormal, and he appeared to be in a coma. The lawyer requested a medical evaluation of Qin, to prove whether he was suitable to stand for trial, but the collegiate panel insisted to continue the trial and claimed that Qin Yongmin’s physical condition was fit for trial. They rejected the lawyers’ request on the grounds that lawyers are not medical professionals.

On 11 July 2018, the Wuhan City Intermediate People’s Court publicly convicted and sentenced Qin Yongmin to 13 years in prison and three years of deprivation of political rights. This harsh sentence attracted international criticism. The European Union issued a statement on the same day, criticizing “deteriorating situation of civil and political rights in China, which has been accompanied by the detention and conviction of a significant number of Chinese human rights defenders.”

Qin Yongmin’s wife, Zhao Suli, had been forcibly disappeared since 19 January 2015. Her family members and friends kept asking the authorities about her whereabouts and received no answer. It was until 29 December 2017, after Zhao Suli had disappeared for nearly three years, the State Security officers first confirmed that Zhao Suli had been held in custody because the authorities wanted to investigate Qin Yongmin and kept her under their control. She was only released in early February 2018, but reportedly still lives under house arrest.

For more information:
Verdict of Qin Yongmin: http://www.bnn.co/news/gb/china/2018/07/201807250320.shtml

https://bnn.co/news/gb/china/2018/08/201808011846.shtml

https://www.rti.org.tw/news/view/id/394034

https://hongkongfp.com/2018/07/11/chinese-democracy-activist-qin-yongmin-sentenced-13-years-subversion/

Updated: 21 April 2021