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

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

歐彪峰-轉發董瑤瓊求救影片後被行政拘留,期滿後轉為「指定居所監視居住」,罪名轉為「煽動顛覆國家政權罪」

歐彪峰 於2020年11月30日在其推特賬號(@oubiaofeng)轉發「潑墨女孩」董瑤瓊的求救影片,12月3日在其湖南寧鄉家中被國保帶走,原先以「尋釁滋事罪」行政拘留15天,期滿被轉為「指定居所監視居住」,罪名轉為「煽動顛覆國家政權罪」繼續秘密拘禁。歐彪峰長期關注和協助其他被打壓和被捕的維權人士,包括已故湖南「六四」工運人士李旺陽和曾被兩次強制送進精神病院的董瑤瓊。歐彪峰也曾於2019年公開聲援香港的「反送中」運動。

On 30 November 2020, #OuBiaofeng used his Twitter account (@oubiaofeng) to retweet “Splash-ink Girl” Dong Yaoqiong’s video calling for help. On 3 December, Ou Biaofeng was taken away from his home in Ningxiang, Hunan, by state security police officers. Ou Biaofeng was originally administratively detained for 15 days for “picking quarrels and provoking trouble” but he was placed under “residential surveillance in a designated location” for “inciting subversion of state power” when the administrative detention was supposed to end. Ou Biaofeng consistently supported other human rights defenders detained or persecuted by the Chinese authorities and provided assistance to them, including deceased Hunan “June 4th” and labour activist Li Wangyang and Dong Yaoqiong, who was known as the “Splash-Ink Girl” after she splashed ink on a portrait of Chinese President Xi Jinping as a protest and was sent to mental hospital twice. Ou Biaofeng also showed support to the “Anti-Extradition Bill” protests in Hong Kong in 2019.


姓名:歐彪峰

出生年份:1980年9月30日(農曆生日)
職業:公民記者、活動人士

被拘捕日期:2020年12月3日
被拘捕地點:在湖南寧鄉家中被四名株州國保帶走
被拘捕罪名:被帶走第二天12月4日以「尋釁滋事罪」被行政拘留15天,但在期滿當天被轉為「指定居所監視居住」,罪名轉為「煽動顛覆國家政權罪」。

正式被捕日期:
被起訴日期:

法律代表:李貴生律師、張磊律師

審訊日期:
審判日期:
判決結果:
刑期:
關押地點:
被秘密拘禁,地點不詳

案件簡介:
歐彪峰在其推特賬號(@oubiaofeng)長期關注和協助其他被打壓和被捕的維權人士,其中包括已故湖南六四民運勞工維權人士李旺陽和曾被兩次強制送進精神病院的「潑墨女孩」董瑤瓊。歐彪峰也曾於2019年公開聲援香港的「反送中」運動。

歐彪峰於2020年11月30日在其推特轉發董瑤瓊的求救影片,12月3日在其湖南寧鄉家中被國保帶走,國保當時向歐彪峰妻子魏歡歡表示,歐彪峰是以「尋釁滋事罪」被行政拘留15天,但魏歡歡直到12月8日才從歐彪峰母親那裡獲知收到株州市公安局發出的行政拘留家屬通知書。但在12月18日行政拘留期滿前一天,歐彪峰卻被轉為「指定居所監視居住」,罪名被轉為「煽動顛覆國家政權罪」,但魏歡歡直到12月25日才收到株州市公安局發出的指定居所監視居住通知書。

魏歡歡為歐彪峰聘請的律師張磊和李貴生曾嘗試會見歐彪峰,但均遭到公安無理拒絕。2020年12月30日,株州市公安局致函李貴生律師,聲稱李貴生律師因作為本案證人,與歐彪峰一案的審理結果有利害關係為由,意圖強行解除他的辯護人資格,李貴生律師表示不同意公安的觀點,並於2021年1月6日以其律師信函回覆公安局表示李貴生律師並非本案證人,並促請當局依法辦案。但公安局一直沒有回覆。

魏歡歡於2021年1月12日於幼兒園工作下班的時候,突然遭到園長告訴她不用再去上班,其後更對她各種刁難令她難堪逼她辭職。她與歐彪峰育有兩名分別三歲多和兩歲多的男孩。

參考更多資料:
歐彪峰妻子魏歡歡推特:https://twitter.com/joyceweingo3
聲援「潑墨女孩」董瑤瓊 湖南維權人士歐彪峰由尋釁滋事 改控煽動顛覆國家 最高可囚終身
https://www.rti.org.tw/news/view/id/2088345

資料更新:2021年1月27日

Name: Ou Biaofeng (歐彪峰)

Date of birth: 30 September 1980 (lunar calendar)
Occupation: Citizen journalist and human rights activist

Date of detention: 3 December 2020
Location: Taken away by four state security police officers from Zhuzhou city, Hunan province, in his home in Ningxiang
Ground of detention: Administratively detained for 15 days on 4 December – the day after he was taken away. However, he was placed under “residential surveillance in a designated location” on the day when his administrative detention ended and his offence was changed to “inciting subversion of state power”.

Date of formal arrest:
Date of Indictment:

Legal representation: Lawyers Li Guisheng and Zhang Lei

Date of trial:
Date of sentencing:
Verdict:
Sentence:
Location of detention/imprisonment:
secret detention and whereabouts unclear

Description:

Ou Biaofeng, using his Twitter account (@oubiaofeng), consistently supported other human rights defenders detained or persecuted by the Chinese authorities and provided assistance to them, including deceased Hunan “June 4th” and labour activist Li Wangyang and Dong Yaoqiong, who was known as the “Splash-Ink Girl” after she splashed ink on a portrait of Chinese President Xi Jinping as a protest and was sent to mental hospital twice. Ou Biaofeng also showed support to the “Anti-Extradition Bill” protests in Hong Kong in 2019.

On 30 November 2020, Ou Biaofeng retweeted Dong Yaoqiong’s video calling for help. On 3 December 2020, Ou Biaofeng was taken away by state security police officers from his home in Ningxiang in Hunan province. The state security police officers told Ou Biaofeng’s wife Wei Huanhuan that Ou was administratively detained for 15 days for “picking quarrels and provoking trouble”. But Wei only learned from Ou’s mother that she received the notification of administrative detention from Zhuzhou City Public Security on 8 December. Before the administrative detention ended on 18 December 2020, Ou Biaofeng was placed under “residential surveillance in a designated location” and his offence was changed to “inciting subversion of state power”. Only until 25 December 2020, Wei Huanhuan received the notification of “residential surveillance in a designated location” from Zhuzhou City Public Security Bureau.

Lawyers Zhang Lei and Li Guisheng, who were hired by Wei Huanhuan to represent Ou Biaofeng, had requested to meet Ou but the public security officers rejected their requests without any sound reasons. On 30 December 2020, Zhuzhou City Public Security Bureau sent a letter to Lawyer Li Guisheng, attempting to strip off his qualification to legally represent Ou, claiming that Li Guisheng was a witness of Ou Biaofeng’s case and there would be conflict of interest if he represented Ou. Li Guisheng did not agree with the public security and sent a formal written reply under his law firm’s name to the public security bureau on 6 January 2021 arguing that Li Guisheng was not a witness of the case and urging the public security bureau to handle the case in accordance with the laws. But the public security security has not given any reply.

When Wei Huanhuan finished work at the kindergarten on 12 January 2021, the head of the kindergarten suddenly told her that she didn’t need to come to work again and later also gave her various troubles to force her to resign from the job. Wei Huanhuan and Ou Biaofeng have two sons, aged around 3 and 2.

For more information:
Ou Biaofeng’s wife Wei Huanhuan’s wife’s Twitter: https://twitter.com/joyceweingo3
聲援「潑墨女孩」董瑤瓊 湖南維權人士歐彪峰由尋釁滋事 改控煽動顛覆國家 最高可囚終身
https://www.rti.org.tw/news/view/id/2088345

Updated on: 27 January 2021

李孟居 – 支援香港「反送中」後失聯;失蹤年多後,被指涉嫌為境外刺探、非法提供國家秘密罪

2019年8月18日,#李孟居 從台灣到香港支援「反送中」運動。8月20日,李孟居從香港入境深圳。當日對在台友人表示中國解放軍集結在邊境,情勢看來很緊張,他想過關到深圳,並傳送一張關於解放軍集結照片給友人,此後,李孟居與外界失去聯絡。失蹤一年多後,2020年10月11日,中國中央電視台《焦點訪談》詳細介紹「李孟居案」及所謂台獨組織「台灣聯合國協進會」。節目抹黑李孟居是「別有用心的商人」。被強迫失蹤一年多更沒有符合法律規定保障,但央視在節目中卻播出李孟居所謂「認罪」。

Li Mengju travelled from Taiwan to Hong Kong on 18 August 2019, to show his support to the Hong Kong protesters in their demonstrations against the extradition bill. On 20 August 2019, he told his friend that the Chinese army had assembled at the Hong Kong-Shenzhen border and the situation was tense. He expressed his wish to go to Shenzhen and sent a photo of the Chinese army to his friend and went missing. On 11 October 2020, Chinese national broadcaster China Central Television (CCTV) revealed the details of Li’s case and the involvement of a so-called “Taiwan Independence" force after a year of Li’s forced disappearance. The show accused Li as “a businessman with certain other intentions". Li was forcibly disappeared for over one year without any legal protection as the Chinese authorities didn’t follow proper legal procedures, but the CCTV programme broadcast his so-called “confession”.

姓名:李孟居

出生年份:1972年
職業:台灣科技公司代表人,台灣屏東縣枋寮鄉鄉政顧問、台灣聯合國協進會理事。

被拘捕日期:2019年8月20日
被拘捕地點:前往深圳碼頭準備離開中國時,被國家安全機關拘捕
被拘捕罪名:涉嫌為境外刺探、非法提供國家秘密罪

正式被捕日期:2019年10月31日
被起訴日期:

法律代表:

審訊日期:
審判日期:
判決結果:
刑期:
未明
關押地點:未明

案件簡介:
2019年8月18日,李孟居從台灣到香港支援反送中運動。8月20日,李孟居從香港入境深圳。當日李孟居對在台友人陳亞麟表示中國解放軍集結在邊境,情勢看起來很緊張,他想過關到深圳,並傳送一張關於解放軍集結的照片給陳,此後,李孟居與外界失去聯絡。據其後中國媒體的報導,李孟居前往深圳碼頭準備離開中國時,被國家安全機關拘捕。 25日,陳亞麟向中華民國大陸委員會 (下稱陸委會)通報李失蹤,要求協助搜尋。陳亞麟表示,他曾詢問深圳市公安局,對方表示沒有李孟居入境到深圳的訊息,要他向香港警方查詢。 28日,陸委會證實李孟居失蹤。

2019年9月11日,中國的國務院台灣事務辦公室發言人稱李孟居因涉嫌從事危害國家安全的犯罪活動,已被依法審查,但未披露具體的經辦單位。 11月30日《廣州日報》報導,此前的10月31日,經深圳市人民檢察院批准,李孟居因涉嫌為境外刺探、非法提供國家秘密罪,被深圳市國家安全局逮捕。

失蹤一年多後,2020年10月11日,中國中央電視台《焦點訪談》節目詳細介紹了李孟居一案以及所謂的台獨組織「台灣聯合國協進會」。節目指李是個「別有用心的商人」,2019年到香港支援「黑衣暴徒」後,前往深圳灣體育場偷拍武警集結的情況,被警方喝斥後仍持續偷拍,意圖錄下武警操練的聲音。他於8月20日往深圳碼頭離境時,被國家安全機關抓捕。他在節目中「認罪」:「我真的很抱歉啊。過去做了很多不好的錯事,對祖國對國家或許有一些傷害。」

台灣陸委會對該節目內容回應道,此事為惡意政治炒作,誣陷台灣人民從事間諜行為。

從李被捕一年多來,中國未落實國際法上對於刑事逮捕程序、刑事被告的公平審判權,被告與家人及律師聯繫及見面的權利。李孟居在未享有人權保障的情況下,錄製自白及認罪影片,完全不符合司法程序。

參考更多資料:
國際特赦組織對李孟居事件的回應:https://www.amnesty.tw/news/3591
BBC 的報導:https://www.bbc.com/zhongwen/trad/chinese-news-54506923

資料更新:2020年10月15日

Name: Morrison Lee / Li Mengju (李孟居)

Year of birth: 1972
Occupation: Business representative of an IT firm in Taiwan; Political Consultant of Fangliao Township, Pingtung County in Taiwan; executive committee member of “The Taiwan United Nations Alliance"

Date of detention: 20 August 2019
Location: Officers from Shenzhen Municipal National Security Bureau detained him when he was at the port to leave from Shenzhen to Hong Kong
Ground of detention: on suspicion of spying for and illegally providing secrets to a foreign entity

Date of formal arrest: 31 October 2019
Date of Indictment:

Legal representation:

Date of trial:
Date of sentencing:
Verdict:
Sentence:
Location of detention/imprisonment:
Unknown

Description:
Li Mengju travelled from Taiwan to Hong Kong on 18 August 2019, to show his support to the Hong Kong protesters in their demonstrations against the extradition bill. On 20 August 2019, he told his friend Chen Yalin (aka Archer Chen) in Taiwan, who is the chief of Fangliao Township, that the Chinese army had assembled at the Hong Kong-Shenzhen border and the situation was tense, he expressed his wish to go to Shenzhen, sent a photo of the Chinese army to Chen and went missing. According to the Chinese media reports much later, Li was detained by the national security officers when he wanted to leave China from Port of Shenzhen. On 25 August 2019, Chen Yalin sought help from Taiwan’s Mainland Affairs Council, as he could not reach Li since 20 August. Chen also contacted Shenzhen Municipal Public Security Bureau, which claimed that it did not have any information regarding Li Mengju’s entry to Shenzhen and asked him to contact the Hong Kong Police. On 28 August 2019, Taiwan’s Mainland Affairs Council confirmed Li’s disappearance.

On 11 September 2019, a spokesperson of the Taiwan Affairs Office, under the State Council of China stated that Li Mengju had been suspected of engaging in criminal activities which endanger national security, and therefore was under investigation in accordance with law. However, he did not disclose which department was in charge of it. On 30 November 2019, Guangzhou Daily reported that on 31 October, the Shenzhen Municipal People’s Procuratorate had approved the Shenzhen National Security Bureau’s application to formally arrest Li Mengju, on suspicion of spying for and illegally providing state secrets to a foreign entity.

On 11 October 2020, Chinese national broadcaster China Central Television (CCTV) revealed the details of Li’s case and the involvement of a so-called “Taiwan Independence" force after a year of Li’s forced disappearance. The show accused Li as “a businessman with certain other intentions", who went first to Hong Kong to support the “black-clad rioters" and then to Shenzhen Bay Sports Center to film the assembly of paramilitary armed police. It is reported that after being told to stop by the police, Li continued to film as he wanted to record the sound of the police assembly. Li was detained on the same day, as he was leaving China via the Port of Shenzhen. On CCTV, Li confessed: “I’m very sorry, and I feel that I have done a lot of wrong things that may have harmed the country.”

Taiwan’s Mainland Affairs Council commented that the accusations are purely “malicious political stunt” from the Chinese side, “falsely accusing our people of espionage” and “harming the relations between the two sides,” in a statement.

Since Li’s detention, China has not followed the international standards regarding criminal procedure, has not respected Li’s rights to a fair trial, to contact or meet his family and lawyer. The so-called television confession was made under the violations of these basic human rights and is entirely incompatible with the judicial procedure.

For more information:
https://www.taipeitimes.com/News/front/archives/2020/10/13/2003745071

Updated: 16 October 2020