2018年1月30日 支聯會參與中國維權律師關注組的「抗議迫害律師遊行」

2018年1月30日 支聯會參與中國維權律師關注組的「抗議迫害律師遊行」

 

(2018 年 1 月 30 日)2015 年的 709 大抓捕讓國際社會認識到中國執法機關對中國 律師的濫權濫捕。兩年多後,中國政府至今仍未停止打壓律師。近期所發生的事件都顯 示中國政府正進行新一波對律師的打壓,而這次的打壓不僅使用了刑事程序,更使用了 不起眼的行政處罰。

除了明顯的違法及暴力之外,中國律師一直也受到當局行政手段的壓迫,當中包括吊銷 執業資格及暫停執業。就中國維權律師關注組所記錄,由 2017 年到 2018 年 1 月期間, 至少有五位律師受到來自司法行政機關或律師協會的行政處罰,其中三位(祝聖武、王 理乾、王龍得)更被吊銷律師執業證書。廣東省司法局於 2018 年 1 月 22 日通知曾在 709 大抓捕中被酷刑對待的資深維權律師隋牧青,當局將吊銷其律師執業照,原因僅是 他去年一月在看守所會見當事人時攜帶手提電話及拍下當事人照片,以及三年多前在法 庭內「站立、走動、發言及不服從法庭指揮」。除此之外,司法局還針對律師在執業範圍 以外的言論來處罰律師,藉此壓縮律師的言論自由。祝聖武律師去年就被山東省司法廳 以他在微博上發表「否定憲法確立的根本政治制度,基本原則和危害國家安全的言論」 而被吊銷律師執業證,成為第一位因網上言論而被司法行政機關吊銷律師執業證為處罰 的律師。吳有水律師則同樣因在網上發表「危害國家安全言論」而被杭州市司法局處罰 停止執業九個月。

維權律師余文生去年底被迫離開所在的律師事務所後,一直在籌組申辦個人律師事务所, 於今年初卻突然被指「多次發表反對黨的領導、攻擊我國社會主義制度的言論」而被禁 止成立個人律師事務所,並因在六個月內沒有律師事務所聘用而遭當局註銷其律師執業 證。1月28日,余文生更被公安局指他涉嫌「煽動顛覆國家政權罪」而被施以指定居所監視居住,自被羈押以來他一直未能會見律師。值得注意的是余文生早前曾公開建議 國家主席差額選舉,取消軍委主席及設立政黨管理制度,亦於去年十月要求罷免習近平。 這次的行政處罰及刑事羈押令人質疑是中國政府對余文生的惡意報復。另一位資深維權 律師李昱函則於去年十一月被公安以涉嫌「尋釁滋事罪」而被逮捕,至今仍未獲釋,李 昱函的律師曾透露她在看守所遭到不人道對待。

中國維權律師關注組主席何俊仁指出︰「任何形式的迫害,不論是行政處罰,抑或是刑 事羈押均不能容忍的。中國政府目前所做的是要藉威脅律師的執業資格及人身安全來管 控律師,這表示中國政府仍然視律師為打擊對象。我在此呼籲國際社會不要對這一波的 打壓掉以輕心,並持續關注中國律師的處境。」

就此,中國維權律師關注組今午聯同多個關注中國人權狀況的團體,包括香港市民支援 愛國民主運動聯合會、華人民主書院、香港天主教正義和平委員會、法政匯思、郭家麒 立法會議員辦事處及社會民主連線由西區警署出發,步行前往中聯辦,抗議中國政府迫 害律師及聲援正被羈押的余文生律師及李昱函律師、即將面臨被吊銷執業證的隋牧青律 師、709 大抓捕的受害人王全璋律師,同時要求中國政府「馬上停止以任何方式迫害律 師」

(30, January 2018) The 709 crackdown in 2015 made the international community realize the abuses of power and arrest by the Chinese law-enforcement agencies over Chinese lawyers. After more than 2 years, the Chinese government has yet ceased their suppression on lawyers. The recent incidents show that the Chinese authorities are carrying out a new campaign of suppression on lawyers, and the suppression this time includes not only the use of criminal procedures but also subtle administrative penalties.

Apart from the obvious violations of law and violence, Chinese lawyers have long been oppressed by the authorities through administrative measures including revocation of qualification of law practice and suspension of practicing law. According to the record conducted by the China Human Rights Lawyers Concern Group, at least 5 lawyers were given administrative penalties imposed by local judicial administrative authorities or lawyers associations from 2017 to January 2018, and 3 among them (Zhu Shengwu, Wang Liqian, Wang Longde) were even disbarred. On 22 January 2018, the Guangdong provincial notified Sui Muqing, a veteran human rights lawyers who had been tortured in 709 Crackdown, that they were going to revoke his license. This decision was made merely on the grounds that he had brought a mobile phone and had taken a photo of his client while meeting the client in a detention center in January 2017 and “had been standing, walking around, speaking and disobeying court’s orders” in a hearing about 3 years ago. In addition, the judiciary bureaus have started to punish lawyers with reference to their speeches which are outside the scope of lawyer’s practice, limiting lawyer’s freedom of speech. Lawyer Zhu Shengwu was disbarred last year by the Shandong Province Judicial Bureau as the latter believed that the speeches Zhu had published on Weibo “denies the fundamental political system and basic principles established by the Constitution, and endangers state security", and he became the first lawyer who was disbarred as penalty by the judicial administrative authorities simply for online speech. Similarly, lawyer Wu Youshui was suspended from practicing law for nine months by the Hangzhou Municipal Judicial Bureau because he had published speeches which were considered by the Bureau as “endangering national security."

Human rights lawyer Yu Wensheng had been preparing the establishment of an individual law firm since he had been forced to leave his original law firm. However, he was accused of “publishing many speeches which reject the leadership of the Party and attack the socialist system of China”, and for that reason he was prohibited by the Judiciary Bureau from establishing an individual law firm earlier this year. His license was then nullified by the Bureau for not having attached to any law firm for six months.3 Yu Wensheng has been held under residential surveillance at a designated location for the alleged crime of “inciting subversion of state power”, and he has not been allowed to meet his lawyers since he was taken away. It is worth to note that Yu Wensheng openly suggested a competitive election of presidency, abolishment of chairperson of the military commission and establishment of political party management system, and he had urged the removal of Xi Jinping in October 2017. The administrative penalty and criminal detention on Yu have raised strong queries that it was the retaliation imposed by the authorities. Another veteran rights lawyer – Li Yuhan has been put under arrest by public security bureau in November 2017 for the alleged crime of “picking up quarrels and stirring up troubles”, and she has yet been released. A defence lawyer of Li Yuhan revealed that Li suffered from inhumane treatments in detention center.4

Albert Ho, chairperson of the CHRLCG, remarked, “Any forms of suppression, no matter administrative penalties or criminal detention, shall not be tolerated. What the Chinese government has done by far is to put lawyers under surveillance by threatening their qualification of law practice and their personal safety, and it shows that the Chinese government still regards lawyers as their target of suppression. I, therefore, urge international community not to underestimate the suppression this time, and to continuously stay tuned to the situation of Chinese lawyers.

In view of the above, the China Human Rights Lawyers Concern Group, the Hong Kong Alliance in Support of Patriotic Democratic Movements of China, New School for Democracy, the Justice & Peace Commission of the H.K. Catholic Diocese, Progressive Lawyers Group, the LegCo office of Kwok Ka-ki as well as the League of Social Democrats will jointly assemble outside the Western Police Station, march to the China Liaison Office, protest against the Chinese government’s suppression on lawyers and express support to lawyer Yu Wensheng, lawyer Li Yuhan, lawyer Sui Muqing and lawyer Wang Quanzhang, and demand the Chinese government to “immediately stop any forms of suppression on lawyers”.

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