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

常瑋平 – 維權律師被指危害國家安全,遭以坐「老虎櫈」酷刑對待

#常瑋平 律師於2020年10月22日在陝西省寶雞市鳳翔縣老家被寶雞市高新區分局公安帶走,公安只致電其妻子,表示常瑋平因危害國家安全,違反法律規定,被「指定居所監視居住」。2020年10月16日,常瑋平在其YouTube頻道「趣寶日誌」上發表視頻,談及他被「指定居所監視居住」時遭酷刑對待,被關在賓館裡10天,每天都坐「老虎櫈」,以致右手食指和無明指麻木沒有知覺。

Human rights lawyer #ChangWeiping was taken away by police officers from Gaoxin District Branch of Baoji City in Shaanxi Province on 22 October 2020. The police officers only telephoned Chang’s wife, telling her that Chang Weiping had been placed under “residential surveillance in a designated location”. On 16 October, Chang Weiping released a video on his YouTube channel, saying how he was tortured when he was placed under “residential surveillance in a designated location”. He recalled that when he was detained a guesthouse, he was tied to a “tiger bench” for the whole period of detention for ten days. As a result, his right index finger and ring finger are still numb.


姓名:常瑋平

出生日期:1984年4月14日
職業:律師

被拘捕日期:2020年10月22日
被拘捕地點:陝西省寶雞市鳳翔縣老家被寶雞市高新區分局公安帶走,沒有任何手續
被拘捕罪名:公安透過電話告訴他妻子,常瑋平因為危害國家安全,違反法律規定被「指定居所監視居住」

正式被捕日期:
被起訴日期:

法律代表:張庭源、張科科

審訊日期:
審判日期:
判決結果:
刑期:
關押地點:不明

案件簡介:
常瑋平於2020年10月22日在陝西省寶雞市鳳翔縣老家被寶雞市高新區分局公安帶走,公安只致電常瑋平的妻子,表示常瑋平因危害國家安全,違反法律規定,被「指定居所監視居住」,但沒有給任何手續和文件。

2020年10月26日,張庭源律師和張科科律師與常瑋平的父親到高新區公安分局。兩位律師申請會見,要求公安給予辦案單位和負責人員的資料,向家屬交付扣押常瑋平的相關法律文件,並代常瑋平申請取保候審,也向公安表達了視乎情況而決定是否投訴有關部門和人員。但公安以常瑋平涉嫌顛覆國家安全和事由涉及國家秘密,拒絕透露關押地點和偵查細節。

約於被帶走前一個星期,2020年10月16日,常瑋平在其YouTube頻道「趣寶日誌」上發表一個視頻,談及他在1月份被「指定居所監視居住」時被酷刑對待,他憶述他被關在一個賓館裡,被關的10天,每天都坐「老虎櫈」,令他的右手食指和無明指至今仍麻木,沒有知覺。他也表示擔心自己會再被關押,並聲明自己不會自殺,沒有致命的重大疾病,並強調不接受官派律師。

常瑋平因為2019年12月的「廈門聚會」,2020年1月12日被西安公安帶走,辦案單位也是寶雞市高新區公安分局,國保致電常瑋平妻子告知常瑋平因危害國家安全被「指定居所監視居住」。被秘密關押其間,陝西省司法廳註銷了常瑋平的律師執業證。常瑋平於1月21日獲釋回家。據常瑋平的父親描述,常瑋平取保回家後,必須天天向國保報告行踪,不准離開寶雞巿,令他精神很困擾。

常瑋平作為律師,長年接辦公益和維權案件,包括愛滋歧視、乙型肝炎歧視、職場性騷擾、性別歧視等議題,也曾擔任多位公民、訪民、人權捍衛者的辯護律師。

參考更多資料:
http://wqw2010.blogspot.com/2020/10/blog-post_23.html
http://wqw2010.blogspot.com/2020/10/blog-post_52.html
http://wqw2010.blogspot.com/2020/10/blog-post_26.html
“1226大抓捕”傳酷刑 律師二度遭監視居住
人權律師常瑋平再遭監視居住 曾透露遭酷刑 聲明不自殺、不接受官派律師
https://www.rfa.org/mandarin/yataibaodao/renquanfazhi/cm-10232020120913.html
https://cmcn.org/archives/45526

資料更新:2020年11月2日

Name: Chang Weiping

Date of birth: 14 April 1984
Occupation: Lawyer

Date of detention: 22 October 2020
Location: Taken away by police officers from Gaoxin District Branch of Baoji City Public Security Bureau from his hometown in Fengxiang County, Baoji City, Shaanxi Province. The police did not show any notice to his family when they detained him.
Ground of detention: the police officers telephoned his wife, telling her that Chang Weiping was placed under “residential surveillance in a designated location” as he violated legal requirements and endangered national security.

Date of formal arrest:
Date of Indictment:

Legal representation: Zhang Tingyuan, Zhang Keke

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

Description:

Chang Weiping was taken away by police officers from Gaoxin District Branch of Baoji City in Shaanxi Province on 22 October 2020. The police officers only telephoned Chang’s wife, telling her that Chang Weiping had been placed under “residential surveillance in a designated location”. The police did not give Chang’s family any notice or documents when they detained him.

On 26 October 2020, lawyers Zhang Tingyuan and Zhang Keke together with Chang Weiping’s father went to Gaoxin District Public Security Branch. The two lawyers requested to meet Chang Weiping. They asked the public security to provide information about the investigation unit and the officers handling Chang Weiping’s case. They demanded the authorities to provide the relevant legal documents about Chang Weiping’s detention to Chang’s family. The lawyers also helped Chang Weiping to apply for “release on bail” on his behalf. They also told the public security that they would decide if they would file complaints against the relevant departments and personnel, depending on the situation. But the public security rejected their requests and declined to disclose the location of Chang Weiping’s detention and the details of the investigation, claiming that Chang Weiping is on suspicion of “subverting state power” and the reason involves state security.

About a week before his detention, on 16 October, Chang Weiping released a video on his YouTube channel, saying how he was tortured when he was placed under “residential surveillance in a designated location”. He recalled that when he was detained a guesthouse, he was tied to a “tiger bench” for the whole period of detention for ten days. As a result, his right index finger and ring finger are still numb. He expressed concern that he would be detained again. He stated that he would not kill himself and he did not suffer from any serious illness. He also emphasized that he would not accept government-appointed lawyers to represent him.

As he took part in the “Xiamen Gathering” in December 2019, Chang Weiping was taken away by Xi’an police on 12 January 2020. The investigation unit handling his detention at that time was also the Gaoxin District Public Security Branch in Baoji City. The state security police officer called his wife, telling her that Chang Weiping was placed under “residential surveillance in a designated location” as he endangered national security. During his detention, the Shaanxi Provincial Department of Justice suspended Chang Weiping’s legal practice license. On 21 January, Chang Weiping was released and returned home. According to Chang Weiping’s father, after his release, Chang Weiping was required to report to the state security police about his whereabouts every day and was not allowed to leave Baoji City, making Chang Weiping very annoyed.

As a lawyer, Chang Weiping had worked on public interest and human rights cases over the years, including discrimination against HIV carriers and Hepatitis B carriers, sexual harassment in workplace and gender discrimination. He had also represented many citizens, petitioners and human rights defenders as their defense counsel.

For more information:
http://wqw2010.blogspot.com/2020/10/blog-post_23.html
http://wqw2010.blogspot.com/2020/10/blog-post_52.html
http://wqw2010.blogspot.com/2020/10/blog-post_26.html
“1226大抓捕”傳酷刑 律師二度遭監視居住
人權律師常瑋平再遭監視居住 曾透露遭酷刑 聲明不自殺、不接受官派律師
https://www.rfa.org/mandarin/yataibaodao/renquanfazhi/cm-10232020120913.html
https://cmcn.org/archives/45526

Updated on: 2 November 2020

董瑤瓊 -潑墨女孩,父稱女兒再被關進醫院後出院情況更嚴重

2020年5月20日,董瑤瓊父親發出訊息,#潑墨女孩 #董瑤瓊 再次被關進株州第三醫院,被關兩個月才獲釋。父親發現董瑤瓊出院後情況更嚴重,癡呆和反應遲緩,並出現失禁,晚上有時會瘋狂喊叫,下雨打雷時會瘋狂尖叫不讓任何人靠近,情況令人憂慮。董瑤瓊2018年7月曾用其Twitter推號(@feefeefly)在上海市海航大廈前直播向習近平頭像潑墨,以表達對習近平政權的不滿,並批評中國政府對人民洗腦。她的舉動引起網上熱烈討論,其後被稱為「潑墨女孩」。

影片更新 2020-11-25

On 20 May 2020, Dong Yaoqiong’s father released a message saying that Dong Yaoqiong had been detained at Zhuzhou City No. 3 Hospital again. She was released after being detained there for two months. Her father said that Dong Yaoqiong’s condition became even more serious after being released. She was restrained and slow in response. She also suffered from incontinence. Sometimes, she would scream at night. She would scream when there is lightning and thunder and she would not allow others to be close to her. Her condition is worrisome.

In July 2018, Dong Yaoqiong used her Twitter account (@feefeefly) to live broadcast her action to splash ink on a large portrait of Xi Jinping in front of Shanghai HNA Tower to express her discontent with the Xi Jinping regime and criticize the Chinese government for brainwashing Chinese people. Her action attracted fierce discussion on the internet and she later dubbed as “the girl who splashed ink”.


姓名:董瑤瓊

出生年份:1989年9月26日
職業:原上海房地產公司中介職員

被拘捕日期:2020年5月20日,董瑤瓊父親發出訊息,董瑤瓊被再次關進湖南株州市第三醫院,關押兩個月後出院
被拘捕地點:
被拘捕罪名:

正式被捕日期:
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:

案件簡介:
董瑤瓊於2018年7月曾用其Twitter推號(@feefeefly)在上海市海航大廈前直播她向習近平的頭像潑墨,以表達對習近平政權的不滿,並批評中國政府向人民洗腦。她的舉動引起網上熱烈討論,她其後被稱為「潑墨女孩」。董瑤瓊於2018年7月4日被上海警方抓捕,其後失聯,其推特號被關閉,直至7月16日被上海公安強行帶回湖南省攸縣老家,然後以疑有「精神病」為由被強行關押於株州市第三醫院。8月1日董瑤瓊父親在株州市第三醫院會見董瑤瓊後,才得知董瑤瓊撥墨的行為被定性為「攻撃國家領導人」。

董瑤瓊一直被關在醫院內,直到2019年11月19日被取保候審,被送到董瑤瓊母親在湖南省攸縣桃水鎮的住處。董瑤瓊被關在醫院期間據報曾受酷刑虐待。期後,董瑤瓊父親於2020年1月2日前往探望董瑤瓊,懷疑蕫瑤瓊被關在醫院期間曾被強迫吃藥,她父親發現董瑤瓊出來後判若兩人,過去活潑開朗的蕫瑤瓊變得沉默寡言和神情緊張和痴呆。

2020年5月20日,董瑤瓊父親發出訊息表示董瑤瓊再次被關進株州第三醫院,她被關了兩個月才獲釋出院。她父親發現她這一次出院後情況更嚴重,痴呆和反應遲緩,並有失禁的情況,晚上有時會瘋狂喊叫,下雨打雷的時候會瘋狂尖叫不讓任何人靠近,情況令人十分憂慮。

參考更多資料:
http://wqw2010.blogspot.com/2020/09/blog-post_55.html
https://www.rfa.org/mandarin/yataibaodao/renquanfazhi/hc-01022020104231.html
曾向習近平畫像潑墨被囚精神病院 董瑤瓊精神狀況惡化 父稱癡呆發傻、小便失禁

資料更新:2020年10月22日

Name: Dong Yaoqiong (董瑤瓊)

Date of birth: 26 September 1989
Occupation: Former real estate agent in Shanghai

Date of detention: On 20 May 2020, Dong Yaoqiong’s father released a message that Dong Yaoqiong had been detained at Zhuzhou City No. 3 Hospital in Hunan province again. She was released after being detained there for two months.
Location:
Ground of detention:
Date of formal arrest:
Date of Indictment:

Legal representation:

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

Description:
In July 2018, Dong Yaoqiong used her Twitter account (@feefeefly) to live broadcast her action to splash ink on a large portrait of Xi Jinping in front of Shanghai HNA Tower to express her discontent with the Xi Jinping regime and criticize the Chinese government for brainwashing Chinese people. Her action attracted fierce discussion on the internet and she later dubbed as “the girl who splashed ink”. On 4 July 2018, Dong Yaoqiong was taken away by Shanghai police and later went missing. Her Twitter was suspended. On 16 July 2018, Shanghai police forcibly took her back to her hometown in You County in Hunan province. Later, she was forcibly detained at Zhuzhou City No. 3 Hospital as the authorities claimed that Dong Yaoqiong seemed to have “psychiatric problem”. On 1 August 2018, Dong Yaoqiong’s father went to meet her at the hospital. Her father only realized at that time that Dong Yaoqiong’s “splashing ink” action was regarded as “attacking state leaders”.

Dong Yaoqiong was detained at the hospital until she was released on bail on 19 November 2019. She was then sent to her mother’s residence in Taoshui Town, You County, Hunan Province. Dong Yaoqiong was reportedly tortured when she was detained in the hospital. When Dong Yaoqiong’s father visited her on 2 January 2020, her father suspected that Dong Yaoqiong was forced to take medicine when she was detained at the hospital. Her father also found that Dong Yaoqiong was completely different after she was released. Dong Yaoqiong used to be optimistic and positive. But she became quiet, nervous and restrained.

On 20 May 2020, Dong Yaoqiong’s father released a message saying that Dong Yaoqiong had been detained at Zhuzhou City No. 3 Hospital again. She was released after being detained there for two months. Her father said that Dong Yaoqiong’s condition became even more serious after being released. She was restrained and slow in response. She also suffered from incontinence. Sometimes, she would scream at night. She would scream when there is lightning and thunder and she would not allow others to be close to her. Her condition is worrisome.

For more information:

參考更多資料:
http://wqw2010.blogspot.com/2020/09/blog-post_55.html
https://www.rfa.org/mandarin/yataibaodao/renquanfazhi/hc-01022020104231.html
曾向習近平畫像潑墨被囚精神病院 董瑤瓊精神狀況惡化 父稱癡呆發傻、小便失禁

Updated on: 24 October 2020

伊力哈木.土赫提 Ilham Tohti – 維吾爾族學者

2014年9月,#維吾爾族 學者 #伊力哈木.土赫提 被以「分裂國家罪」判處無期徒刑,剝奪政治權力終身,沒收所有財產。2017年起,當局禁止家人探望,現時家人不知道他關押在何處,健康和精神狀況如何。他的太太和兩名兒子現居北京,因害怕回到新疆會被關進再教育營,不敢冒險爭取探視權利。

影片更新2020-11-25

In September 2014, #Uyghur scholar #IlhamTohti was convicted of “separatism” and sentenced to life imprisonment. He was also deprived of political rights for life and all his properties were confiscated. Since 2017, the authorities have prohibited his family members from visiting him in prison. At present, his family members do not know where he is being held, and how his health and mental state is. Ilham Tohti’s wife and their two sons live in Beijing. Fearing that they would be sent to re-education camps when they return to Xinjiang, they dare not to demand for visits.

姓名:伊力哈木‧土赫提 (Ilham Tohti)

出生日期:1969年10月25日
職業:中央民族大學國際結算專業的副教授、《維吾爾在線》網站創辦人和站長

被拘捕日期:2014年1月15日
被拘捕地點:從家中被公安帶走
被拘捕罪名:「分裂國家罪」

正式被捕日期:2014年2月20日
起訴日期:2014年7月30日

法律代表:李方平律師

審訊日期:2014年9月17日,在烏魯木齊市中級人民法院開審
審判日期:2014年9月23日一審宣判
判決結果:「分裂國家罪」罪名成立,判處無期徒刑,剝奪政治權利終身,沒收個人全部財產。伊力哈木提出上訴,2014年11月21日,二審宣佈維持原判
刑期:無期徒刑,剝奪政治權利終身,沒收個人全部財產
關押地點:新疆第一監獄,但目前情況不明。

案件簡介:
伊力哈木‧土赫提出生於新疆阿圖什,畢業於東北師範大學本科、中央民族大學經濟學院研究院,截至2014年為中央民族大學國際結算專業的副教授,主要研究新疆地區的收入差距及失業問題。

伊力哈木一直從事少數民族問題研究,屬溫和的維族學者。他在2006年創辦了維漢雙語網站《維吾爾在線》,從未發表謀求新疆獨立的言論和文章,但對中國政府現行的民族政策持批評態度,曾多次公開批評北京的新疆政策,挑戰當局對新疆發生的多起暴力事件的詮釋。

2009年7月5日,新疆發生了維漢暴力衝突,當局指「是在《維吾爾在線》煽動性的文章及伊力哈木·土赫提煽動言論的影響之下」發生,並將暴力事件歸咎於「恐怖主義分子」。但伊力哈木說,在新疆有和平的抵抗,也有暴力的抗爭,很多情況下同恐怖主義或分裂主義毫不相干。

他在《維吾爾在線》網站發表文章說,北京當局是在用「恐怖主義」綁架整個維吾爾民族。

伊力哈木還呼籲北京當局改善維吾爾族人的人權,希望中國政府尊重憲法以及聯合國人權公約保障公民言論自由等基本人權,讓因言獲罪的維吾爾作家和記者重獲自由。

自2009年7月起,伊力哈木多次被抓捕、跟踨、恐嚇。 2013年他本要前往美國當訪問學者,到起飛前一刻被警方從機場強行帶走。

2014年1月15日,伊力哈木·土赫提與母親被警察從家中帶走。他所創辦的《維吾爾在線》被封鎖,多名學生被捕。三十多名警察搜查全家並拿走四台電腦、三個手機(包括他家屬的手機)、上課教材、學生試捲和論文、書籍等。當局指控他指控伊加哈木通過所辦網站發布民族衝突信息,並與境外「東突」勢力勾結、從事分裂活動。 。

在最初被拘留的二十天中,他被迫戴著腳銬。從2014年1月16日到26日,他絕食抗議,原因是看守所未能提供清真食品。 2014年2月,伊力哈木被以「分裂國家罪」 正式逮捕。在昆明發生了疑為維吾爾武裝人士發動的導致29人死亡的暴力攻擊後,2014年3月1日到10日,看守所不分派食物給他作為懲罰。 2014年6月26日,他終於獲准與律師見面,據律師表示,他消瘦了不少。

2014年7月30日,伊力哈木在中國西北的新疆首府烏魯木齊市被以「分裂國家罪」正式起訴。伊力哈木·土赫提的律師提交了三次請求,要求他的案件由北京的法院審理,擔心如果由烏魯木齊法院審理他的案件,判決將會不公平,但律師的請求不獲理會。

2014年9月17日,一審開庭。2014年9月23日,經過兩天的庭審,烏魯木齊市中級人民法院判伊力哈木「分裂國家罪」罪名成立,判處無期徒刑,剝奪政治權力終生,沒收他的所有財產。判決宣佈時,據報導伊力哈木·土赫提說:「我不接受!」,被法警押出法庭。 2014年11月21日 二審宣判時,當局選擇在烏魯木齊一看守所內進行,而且法院在開庭不久才發出通知,以致伊力哈木的律師無法到場。

2014年12月8日烏魯木齊市中級法院以「分裂國家罪」分別判處七名中央民族大學的學生三至八年有期徒刑。據報導,這七名學生都是伊力哈木主持的《維吾爾在線》網站的工作人員。

2017年起,當局禁止家人去獄中探望他,現時家人並不知道他被關押在哪裏,健康和精神狀況如何。他的太太和兩名兒子現居北京,因害怕回到新疆會被關進再教育營,而不敢冒險爭取探視的權利。據流亡在美國的大女兒菊爾.伊力哈木說,她的一位表親因手機裡有與伊力哈木的合照而被判刑10年。

伊力哈木在2014年得到芭芭拉·戈德史密斯自由寫作獎(PEN/Barbara Goldsmith Freedom to Write Award),2016年獲得馬丁·恩納爾斯人權捍衛者獎(Martin Ennals Award for Human Rights Defenders ),2019年獲歐洲議會頒發最高人權獎「薩哈羅夫人權獎」(Sakharov Prize)。

參考更多資料:

伊力哈木被捕前的訪問 (2013年):
https://www.rfa.org/english/news/uyghur/interview-02072014182032.html

https://www.frontlinedefenders.org/zh/case/ilham-tohti-sentenced-life-imprisonment

https://www.bbc.com/zhongwen/simp/china/2014/11/141125_china_xinjiang_studentstrial

資料更新:2020年10月6日

伊力哈木土赫提, Ilham Tohti,

Name: Ilham Tohti ( 伊力哈木‧土赫提)

Date of birth: 25 October 1969
Occupation: Associate professor of economics at the Minzu University of China (also known as The Central University of Nationalities), founder and host of Uyghur Online (now defunct)

Date of detention: 15 January 2014
Location: the police took him away from his home in Beijing
Ground of detention: splitting the state (or separatism)

Date of formal arrest: 20 February 2014
Date of Indictment: 30 July 2014

Legal representation: Lawyer Li Fangping

Date of trial: 17 September 2014, at Urumqi Intermediate People’s Court, a two-day hearing
Date of sentencing: 23 September 2014,
Verdict: convinced of “offense of splitting the state”
Sentence: Sentenced to life imprisonment, deprivation of political rights for life, seizure of all properties. Ilham Tohti appealed. On 21 November 2014, a sentencing hearing was held inside the detention center in which Ilham Tohti was detained, the Xinjiang High People’s Court upheld its initial conviction to life imprisonment. The authority failed to hold the appeal in public and to notify his lawyers in time.
Location of detention/imprisonment: Xinjiang No. 1 Prison but his current situation and location are unknown

Description:
Ilham Tohti was born in Artux, Xinjiang. He studied in Northeast Normal University (undergraduate) and the Graduate School of Economics of Minzu University of China (also known as The Central Unversity of Nationalities) (postgraduate). As of 2014, he is an associate professor in international business at Minzu University of China. His research areas covered income gaps and unemployment in Xinjiang.

Ilham Tohti is considered as a moderate Uyghur economist who engaged in the study of issues related to ethnic minorities. In 2006, Ilham Tohti established “Uyghur Online" (now defunct), a website published in Chinese and Uyghur to provide Uyghurs and Hans with a platform for discussion and exchange. Though the website sometimes criticized Beijing’s policies in Xinjiang and disagreed with the official discourse on the ethnic conflicts, it has never called for independence of Xinjiang.

On 5 July 2009, violent clashes between Uyghur and Han people took place in Xinjiang. The authorities stated that it happened “under the influence of the inflammatory articles on ‘Uyghur Online’ and the incitement of Ilham Tohti’s speech." and blamed it for “terrorists". Ilham Tohti replied that both peaceful resistance and violent resistance existed in Xinjiang, but most of the time, it had nothing to do with terrorism or separatism.

He published an article on the “Uyghur Online" website saying that the Beijing authorities were using “terrorism" as an excuse to stigmatize all Uyghur people. He further lobbied Beijing to improve the human rights conditions of Uyghurs, to respect the Chinese Constitution and the United Nations human rights conventions regarding freedom of speech and other basic human rights. He urged the government to release the convicted Uyghur writers and journalists.

Since July 2009, Ilham Tohti has been detained, stalked and threatened repeatedly. He planned to go to the United States as a visiting scholar in 2013, but he was forcibly taken away from the airport by the police just before takeoff.

On 15 January 2014, Ilham Tohti and his mother were taken away from their homes by the police. The “Uyghur Online" he founded was blocked and several students were arrested. More than 30 police officers searched his home, took away four computers, three mobile phones (including his family members’ mobile phones), lecture notes, students’ theses, books, etc. The authorities accused him of publishing information on ethnic conflicts through his website, colluding with “East Turkestan" forces overseas and engaging in separatist activities.

During the first twenty days of detention, he was forced to wear foot cuffs. Between 16 and 26 January 2014, he went on a hunger strike because the detention center failed to provide halal food. In February 2014, Ilham Tohti was formally arrested for “splitting the state" (or “separatism). After a violent attack by a Uyghur suspect that killed 29 people in Kunming, the detention center deprived him of food as punishment between 1 and 10 March 2014. On June 26, 2014, he was finally allowed to meet with his lawyer. According to his lawyer, Ilham Tohti lost a lot of weight in those five months.

On 30 July 2014, Ilham Tohti was formally charged with " splitting the state" (or “separatism”) in Urumqi, the capital of Xinjiang in northwestern China. Ilham Tohti’s lawyer submitted three applications for his case to be transferred to Beijing, fearing that if the judges in Urumqi would deliver an unfair judgment, but the applications were not approved.

On 17 September 2014, a two-day hearing started. On 23 September 2014, the Urumqi City Intermediate People’s Court convicted Ilham Tohti of " splitting the state" (or “separatism”), sentenced him to life imprisonment, deprived of political rights for life and confiscated all his properties. When the verdict was announced, Ilham Tohti reportedly said: “I don’t accept it!" and was escorted out of the court by the bailiff. On 21 November 2014, the authorities chose to conduct his appealing hearing in a detention center in Urumqi and issued a notice shortly before it, which prevented Ilham Tohti’s lawyers from attending. The verdict remained the same.

On 8 December 2014, the Urumqi City Intermediate People’s Court sentenced seven students from the Minzu University of China to three to eight years’ imprisonment for “offense of splitting the state”. These seven students reportedly were staff members of the “Uyghur Online" website.

Since 2017, the authorities have prohibited his family members from visiting him in prison. At present, his family members do not know where he is being held, and how his health and mental state is. Ilham Tohti’s wife and their two sons live in Beijing. Fearing that they would be sent to re-education camps when they return to Xinjiang, they dare not to demand for visits. According to the eldest daughter Jewher Ilham, who lives in exile in the United States, one of her cousins was sentenced to 10 years in prison for having a photo with Ilham Tohti on her mobile phone.

Ilham Tohti was awarded with PEN/Barbara Goldsmith Freedom to Write Award in 2014, Martin Ennals Award for Human Rights Defenders in 2016 and Sakharov Prize for Freedom of Thought in 2019.

More details:
An interview with Ilham Tohti, shortly before his detention (2013)
Jewher Ilham’s twitter account
https://www.frontlinedefenders.org/en/case/ilham-tohti-sentenced-life-imprisonment

Updated on 9 October 2020

姚文田 – 香港晨鐘出版社總裁,重判10年

姓名:姚文田

出生年份:1941年7月11日
職業:晨鐘出版社總裁

被拘捕日期:2013年10月27日
被拘捕地點:深圳市
被拘捕罪名:走私普通貨物罪,涉嫌攜帶違禁物品

正式被捕日期:2013年11月12日
被起訴日期:

法律代表:律師張慧和莫少平、丁錫奎

審訊日期:2014年3月31日庭,4月11日續審
審判日期:2015年5月7日(一審判決),2015年7月18日(二審判決)

判決結果:罪名成立
刑期:10年及罰款25萬人民幣
關押地點:廣東省東莞監獄(廣東省東莞市石碣鎮新洲22信箱4區,郵編:523299)

案件簡介:姚文田,獨立中文筆會榮譽會員,晨鐘出版社總裁,專門出版中國「禁書」。兒子姚勇戰於「六四」後,曾被扣留在上海市,後獲釋回港,現居美國。

2013年10月27日,懷疑因籌備出版流亡美國的作家余杰新書《中國教父習近平》,過了深圳口岸後,被便衣抓走監視居住,11月2日刑事拘留,11月12日逮捕,關押在廣東省深圳市第二看守所。

2014年3月31日開庭,4月11日續審,律師張慧和莫少平及丁錫奎擔任辯護人。5月7日,廣東省深圳市中級人民法院以「走私普通貨物罪」和「涉嫌攜帶違禁物品」一審判決有期徒刑十年,罰款人民幣25萬元,廣東省高級人民法院7月18日二審裁決維持原判。

姚文田先被安排在監管醫院服刑。

姚文田患有嚴重心臟病,在拘留期間多次陷入昏迷送醫急救。2014年5月,曾輕度中風,被監禁在深圳市公安局監管醫院,監視醫護到2014年5月。2014年7月起,關押在廣東省東莞監獄(廣東省東莞市石碣鎮新洲22信箱4區,郵編:523299),因勞改造成腰骨疼痛和痔瘡。家屬申請保外就醫一直被拒,但獲減刑8個月,預計2023年2月26日出獄。

姚文田案件表面上是「走私罪」,其實跟他出版得罪中共的書籍有關,「殺一儆百」以警告香港出版界。他原擬出版的《中國教父習近平》,內容指習近平對內鎮壓、對外擴張,標榜的「中國夢」如納粹「第三帝國夢」翻版,書中將習近平與俄國新沙皇普京、羅馬尼亞壽西斯古、清朝雍正皇帝等獨裁者作比較。

參考更多資料:http://www.chinesepen.org/blog/archives/1717

資料更新:2020年9月22日

Name: Yiu Man-tin (Yao Wentian) (姚文田)

Date of birth: 11 July 1941
Occupation: Chief Executive of Morning Bell Press

Date of detention: 27 October 2013
Location: Shenzhen Municipality
Ground of detention: “Smuggling ordinary goods” and “carrying banned substance”
Date of formal arrest: 12 November 2013
Date of Indictment:

Legal representation: Lawyers Zhang Hui, Mo Shaoping and Ding Xikui

Date of trial: 31 March 2014 and continued on 11 April 2014
Date of sentencing: 7 May 2014 (first instance); 18 July 2014 (second instance)
Verdict: Convicted
Sentence: 10 years imprisonment and fined RMB 250,000
Location of detention/imprisonment: Dongguan Prison, Guangdong province

Description:
Yiu Man-tin, an honorary member of Independent Chinese PEN Centre and chief executive of Morning Bell Press, focussed on publishing “banned books” on China. His son Yao Yongzhan was detained in Shanghai after the June 4 Massacre, and was later released and returned to Hong Kong. Yao Yongzhan is currently living in the US.

On 27 October 2013, Yiu Man-tin was taken away by plainclothes police and placed under “residential surveillance” after he crossed the border to Shenzhen. His friends and family believed that his detention was related to his preparation to publish a new book entitled “Xi Jinping, China’s godfather” written by writer Yu Jie, who is living in exile in the US. He was criminally detained on 2 November and formally arrested on 12 November. He was detained at Shenzhen Municipal No. 2 Detention Centre.

His trial was heard on 31 March 2014 and continued on 11 April. Lawyers Zhang Hui, Mo Shaoping and Ding Xikui were his defense lawyers. On 7 May, Shenzhen Municipal Intermediate People’s Court sentenced him to 10 years imprisonment and fined him RMB 250,000 for “smuggling ordinary goods” and “carrying banned substance”. Guangdong Provincial Higher People’s Court on 18 July ruled against his appeal and upheld the original verdict.

Yiu Man-tin was arranged to serve his prison sentence in a hospital under surveillance.

Yiu Man-tin suffered from serious heart disease. He fell into coma for many times and received emergent medical treatment during detention. In May 2014, he suffered from mild broke and was imprisoned in the hospital under the supervision of the Shenzhen Municipal Public Security Bureau. Since July 2014, he has been imprisoned at Dongguan Prison in Guangdong province. Due to heavy labour through reform, he suffered from lower back pain and haemorrhoids. His family helped him apply for release on medical parole but the authorities rejected. But Yiu was given a sentence reduction for 8 months. He is expected to be released from prison on 26 February 2023.

On the surface, Yiu Man-tin’s case seems be a “smuggling” case, but it is in fact related to the books he published that irritated the Communist Party leaders. The Chinese authorities used his case to warn the publishing industry in Hong Kong. The content of the book “Xi Jinping, China’s godfather”, which he originally planned to publish, described how Xi Jinping cracked down on dissidents internally and expanded China’s influence externally. “China Dream”, as promoted by Xi Jinping, was like a replica of the Nazi’s “Dream of the Third Empire”. The book also compared Xi Jinping with other dictators like Russian President Vladimir Putin, late Romanian Communist leader Nicolae Ceaușescu and Emperor Yongzheng of Qing Dynasty.

For more information: http://www.chinesepen.org/blog/archives/1717

Updated on: 22 September 2020

王怡牧師 – 被秘密審判,判刑9年

四川成都 #秋雨聖約教會 主任牧師 #王怡 於2018年12月9日被帶走,被關押一年多後,於2019年12月26日被成都中級人民法院秘密審訊,2019年12月30日因「煽動顛覆國家政權罪」和「非法經營罪」被判刑9年,剝奪政治權利3年,沒收財產人民幣5萬元。因新冠肺炎影響,至今仍被關在成都看守所,還沒轉到監獄,家屬仍無法會見。

#WangYi, the founding pastor of Early Rain Covenant Church in Chengu, Sichuan province, was taken away on 9 December 2018. After over one year of detention, he was secretly tried by Chengdu Intermediate People’s Court on 26 December 2018 and was sentenced to nine years’ imprisonment, followed by three years of deprivation of political rights and confiscation of personal property of RMB 50000 for the charges of “inciting subversion of state power” and “illegal business activities”. Due the coronavirus pandemic, he is still detained at Chengdu Detention Centre and has not been transferred to a prison. His family members are still not allowed to meet him.


姓名:王怡

出生日期:1973年6月1日
職業:牧師、作家、前大學講師

被拘捕日期:2018年12月9日
被拘捕地點:成都秋雨聖約教會
被拘捕罪名:2018年12月9日與教會人士以「尋釁滋事罪」、「非法經營罪」傳喚;2018年12月11日以「煽動顛覆國家政權罪」刑事拘留

正式被捕日期:2018年12月18日
被起訴日期:

法律代表:

審訊日期:2019年12月26日
審判日期:2019年12月30日

判決結果:被秘密審判「煽動顛覆國家政權罪」和「非法經營罪」罪名成立
刑期:判刑9年,剝奪政治權利3年,沒收財產人民幣5萬元
關押地點:成都看守所

案件簡介:
四川成都「秋雨聖約教會」主任牧師王怡2018年12月9日被帶走,關押一年多後,2019年12月26日被成都中級人民法院秘密審訊,12月30日以「煽動顛覆國家政權罪」和「非法經營罪」判刑9年,剝奪政治權利3年,沒收財產人民幣5萬元。因新冠肺炎影響,至今仍關押成都看守所,並未轉監獄,家屬仍無法會見。

2018年12月,王怡及 「秋雨聖約教會」約100多名成員遭四川警方傳喚,王怡及教會主要領袖被捕,教會其後於2018年12月14日被官方以「非法社會組織」名義取締。2019年11月29日,「秋雨聖約教會」 長老覃德富以「非法經營罪」判刑4年。王怡妻子蔣蓉在2018年底的抓捕中也曾被「指定居所監視居住」,其後於2019年6月11日取保候審獲釋,但一直被監視,無法和朋友見面。

王怡曾批評中國政府「六四 」暴力鎮壓等政治敏感議題,亦曾在講道中批評「習近平」是罪人。該教會亦曾辦過悼念 「六四 」和 四川大地震死難者的活動。

王怡早年已是知名公共知識分子,畢業於四川大學法學院,2000年開辦網絡寫作,在成都大學管理學院任教時曾創立憲政網絡論壇,研究中國憲政轉型,2004年曾被中國《南方人物周刊》評為「 最有影響力的公共知識分子」 之一。2005年,王怡和妻子蔣蓉開辦基督教家庭教會,2008年成立「秋雨聖約教會」,至2017年該教會有教徒近500人。

參考更多資料:
http://wqw2010.blogspot.com/2020/09/19.html
王怡被重判九年持續引發國際關注
看,在黑暗世代以生命證道的傳道者 與王怡牧師並肩同行

資料更新:2020年9月23日

Name: Wang Yi (王怡)

Date of birth: 1 June 1973
Occupation: Pastor, writer and former university lecturer

Date of detention: 9 December 2018
Location: Early Rain Covenant Church in Chengdu
Ground of detention: was detained for questioning along with other members of the church on 9 December 2018 for “picking quarrels and provoking trouble” and “illegal business activities”; criminally detained on 11 December 2018 for “inciting subversion of state power”

Date of formal arrest: 18 December 2018
Date of Indictment:

Legal representation:

Date of trial: 26 December 2019
Date of sentencing: 30 December 2019

Verdict: secretly tried and convicted of “inciting subversion of state power” and “illegal business activities”
Sentence: nine years’ imprisonment, followed by three years of deprivation of political rights and confiscation of personal property of RMB 50000
Location of detention/imprisonment: Chengdu Detention Centre

Description:
Wang Yi, the founding pastor of Early Rain Covenant Church in Chengu, Sichuan province, was taken away on 9 December 2018. After over one year of detention, he was secretly tried by Chengdu Intermediate People’s Court on 26 December 2018 and was sentenced to nine years’ imprisonment, followed by three years of deprivation of political rights and confiscation of personal property of RMB 50000 for the charges of “inciting subversion of state power” and “illegal business activities”. Due the coronavirus pandemic, he is still detained at Chengdu Detention Centre and has not been transferred to a prison. His family members are still not allowed to meet him.

In December 2018, Wang Yi and over 100 members of Early Rain Covenant Church were taken away by Sichuan police for questioning. Wang Yi and several church leaders were detained. The church was later banned as an “illegal social organization” on 14 December 2018. On 29 November 2019, Qin Defu, an elder of Early Rain Covenant Church, was sentenced to four years’ imprisonment for “illegal business activities”. Wang Yi’s wife Jiang Rong was also detained in December 2018 and placed under “residential surveillance in a designated location”. She was released on bail on 11 June 2019, but she remains under tight surveillance after release and her friends still cannot meet her.

Wang Yi had commented on politically sensitive issues, including criticizing the Chinese government’s violent June 4th crackdown. He had also criticized Xi Jinping as a sinner. The church had also organized commemorative activities for June 4 Massacre and victims of the Wenchuan Earthquake.

Wang Yi had been a prominent public intellectual for many years. He graduated from the law school of Sichuan University and started writing online articles in 2000. He founded an online forum on discussing constitutionalism and studying constitutional transition of China when he was teaching at the management school of Chengdu University. In 2004, he was named as “One of the Most Influential Public Intellectuals” by the Southern People Weekly Magazine. In 2005, Wang Yi and his wife Jiang Rong established a Protestant house church and later established the “Early Rain Covenant Church” in 2008. The church had about 500 members in 2017.

For more information:  
http://wqw2010.blogspot.com/2020/09/19.html
王怡被重判九年持續引發國際關注
看,在黑暗世代以生命證道的傳道者 與王怡牧師並肩同行

Updated on: 23 September 2020