2020.5.9 釋放余文生!追究秘審不判責任!就余文生律師遭秘密審訊一週年之聲明 Release Yu Wensheng! Hold the Authorities Accountable for Secret Trial without Any Judgement

釋放余文生!追究秘審不判責任!
就余文生律師遭秘密審訊一週年之聲明

2019年5月9日,因於2018年發表《修憲公民建議書》提出刪除「憲法序言」等政治改革建議被羈押近500天的余文生律師,遭到法院秘密審訊,其妻許艷和她所委任的辯護律師都沒有收到通知。

中國維權律師關注組(關注組)、香港市民支援愛國民主運動聯合會(支聯會) 及臺灣聲援中國人權律師網絡(臺援網)嚴正譴責中國當局對余文生律師進行秘密審訊,以及長達一年至今仍不公佈審判結果。我們要求中國政府:

1. 立即無條件釋放余文生律師;
2. 追究余文生遭剝奪正當程序保障的責任歸屬;
3. 停止阻撓余文生家屬及其委任律師依法維權;
4. 違反公正審判所為之判決應予廢棄。

余文生律師於2018年1月19日在北京被抓,其後關押於徐州市看守所,2019年5月被秘密審訊,直到審訊一年後的今天,余文生的家人及辯護律師始終沒有機會跟他會面,法院也超過法定期限沒有宣判,亦不釋放余文生。徐州法院對余案的審訊既未保障余文生家屬委任律師的辯護權利,又刻意阻止家屬及公眾得知開庭訊息,剥奪出席旁聽權利,嚴重違反中國憲法、法律以至國際人權標準,其審訊及判決(若有)顯失公正。

余文生與家人長年定居北京,卻被關在八百公里外的徐州看守所。兩年多來,其妻許艷多次在北京及徐州之間奔波尋夫,更曾被北京警方以涉嫌「煽動顛覆國家政權」罪名傳喚審訊三次,最長被羈押19小時,並不斷受到當局騷擾、監控及限制行動自由。余文生失去人身自由已達842天,期間亦有傳出其遭受酷刑或其他虐待的消息,各界十分擔憂余文生的人身安危。

謹此呼籲國際社會、公眾和媒體,持續密切關注余文生案發展。

Release Yu Wensheng! Hold the Authorities Accountable for Secret Trial without Any Judgement

A Statement Regarding the First Anniversary of Lawyer Yu Wensheng’s Secret Trial

On 9 May 2019, Lawyer Yu Wensheng was secretly tried after a detention for nearly 500 days due to publishing an open letter with recommended amendments to the Chinese Constitution to enable fairer elections and better oversight for the Chinese Communist Party. His wife Xu Yan and the family-appointed defence lawyers were not informed prior to the trial.

China Human Rights Lawyers Concern Group (the Concern Group), Hong Kong Alliance in Support of Patriotic Democratic Movements in China (HK Alliance) and Taiwan Support China Human Rights Lawyers Network (the Network) strongly condemn the Chinese authorities for Lawyer Yu’s secret trial, and their inability to pass down a judgement a year after the said trial. We hereby demand the Chinese authorities to:

1. Immediately and unconditionally release Lawyer Yu Wensheng;
2. Hold those who deprived Yu Wensheng of due process accountable;
3. Stop obstructing Yu Wensheng’s family and lawyers’ lawful means of rights defence;
4. Abolish all judgments passed down against the principle of a fair trial.

Lawyer Yu Wensheng was seized in Beijing on 19 January 2018, and was later put under detention at the police station of Xuzhou City. Lawyer Yu was secretly tried in May 2019, and his family and defence lawyers have not had the chance to meet him since his detention. The Court has not passed down a judgment, despite already far exceeding the legal limitation, and yet still refuse to release Yu Wensheng. The Court failed to guarantee the right to defense exercised by Yu’s family-appointed lawyer, and even deliberately tried to stop his family and the public from knowing about the trial, depriving them of their right to attend the trial as an audience. Such practices deeply violate the Chinese Constitution, Chinese law, as well as international human rights standards, putting into question how fair would the trial and judgment (if any) be for Yu Wensheng’s case.

Yu Wensheng and his family have always lived in Beijing, yet Yu was detained in Xuzhou, which is 800km away from Beijing. In the past two years, his wife Xu Yan has had to travel between Beijing and Xuzhou in her fight for her husband’s freedom and rights, and was even summoned three times by the police on suspicion of “inciting subversion of state power”, for which her longest detention was 19 hours. Xu has also been constantly harassed, surveilled and occasionally stripped of freedom of movement by the authorities. Yu Wensheng has already lost his freedom for 842 days, during which there have been news of ill treatment and torture being imposed on Lawyer Yu. The international community has expressed worries over Yu’s state of being.

We continue to ask the international community, the public and the media to continue to pay close attention to the latest developments of Yu Wensheng’s case.

**2020.5.11 余文生律師被密審一周年無消息 多方關注其處境