2020.6.18 多國團體聯署聲明【就被秘密審訊的余文生律師判決之聲明 Statement Regarding the Verdict of Lawyer Yu Wensheng After His Secret Trial】

2020.6.18 多國團體聯署聲明【就被秘密審訊的余文生律師判決之聲明】

2020 年 6 月 18 日

余文生律師的妻子許艷於2020年6月17 日收到來自徐州市檢察院的消息,指被秘密審訊的余文生律師已於當天早上因「煽動顛覆國家政權罪」被判入獄四年、剝奪政治權利三年。余文生家人及其辯護律師均沒有被預先知會,只是宣判後才被知會結果。

余文生是北京的維權律師,在「709大抓捕」後曾擔任王全璋的辯護律師,過去曾因聲援香港雨傘運動而被羈押和剝奪執業權。2018年1月18日,他曾發表要求十九大罷免習近平、修改憲法以改革法律和政治制度的言論。2018年1月19日,余文生被警察帶走,被控煽動顛覆國家政權罪,於2019年5月在徐州市中級人民法院突然秘密開庭審訊。由被捕至今,余文生已被關押近900日,期間一直被剝奪與他或家屬委託的辯護律師會見的權利,亦不准與家人會面。

余文生律師於2019年1月獲頒「德法人權法治獎」,並由其妻子許艷代為領獎。即使屢遭當局騷擾和打壓,許艷一直堅持為丈夫抗爭,多次赴徐州要求法院公開余文生案件,與多國外交人員見面呼籲國際社會關注余文生案件。她於去年12月於廣州舉辦的世界律師大會時發公開信,呼籲各界關注余文生狀況。

我們認為余文生在司法程序上完全沒有受到公平對待,秘密審訊更嚴重違反中國刑事訴訟法、憲法以及國際人權標準。我們要求中國政府:

1. 立即無條件無罪釋放余文生律師;
2. 就羈押時余文生所受到的權利侵害提供相應且合適的賠償;
3. 停止針對余文生家人的任何打壓。

我們同時呼籲國際社會、公眾及媒體強烈譴責中國當局因秘密關押、審訊和判決而對余文生律師造成的侵權,以及中國法院對正當程序的不尊重。余文生律師將會就案件提出上訴。

Statement Regarding the Verdict of Lawyer Yu Wensheng After His Secret Trial

The wife of Lawyer Yu Wensheng, Xu Yan, received news from the People’s Procuratorate of Xuzhou City in the morning of 17 June 2020 that Lawyer Yu – who went through a secret trial back in May 2019 – has already been sentenced to four years in jail, in addition to deprivation of his political rights for three years for “inciting subversion of state power”. His family and his defence lawyers had not been informed in advance of any hearing, and were only notified of the outcome afterwards.

Yu Wensheng,a human rights lawyer in Beijing, was the defence lawyer for 709 Crackdown victim Wang Quanzhang, and was detained and deprived of his right to practice for supporting the Hong Kong Umbrella Movement. On 18th January 2018, he published a post asking for the National Congress of the CCP to remove Xi Jinping from office and for constitutional reform to improve the legal and political systems. On 19th January 2018, Lawyer Yu was taken away by the police, charged with inciting subversion of state power, and was secretly tried by the Xuzhou City Intermediate People’s Court in May 2019. Since his arrest, Yu Wensheng has already been incarcerated for around 900 days, during which time he was deprived of his right to meet with his family and with the defence lawyers appointed by him or his family.

Lawyer Yu Wensheng was the recipient of the Franco-German Human Rights and the Rule of Law Prize in January 2019, and his wife received the award on his behalf. Despite the authorities’ efforts to harass her, Yu’s wife Xu Yan has been working hard in defending the rights of her husband: she has made multiple trips to Xuzhou to demand the Court to publish documents regarding Yu’s case, and met with diplomats in Beijing to raise international awareness about Yu Wensheng’s case. She also penned an open letter for the occasion of the Global Lawyers Forum in early December 2019.

It is deemed that Lawyer Yu was deprived of a fair judicial procedure, and the secret trial severely violated the Chinese Criminal Procedure Law, the Chinese Constitution and international human rights standards. We demand that the Chinese government:

1. Immediately and unconditionally release Lawyer Yu Wensheng;
2. Offer corresponding and appropriate compensation for the rights violations against Yu Wensheng during his detainment;
3. Stop all forms of suppression on the family of Yu Wensheng.

We also call on the international community, the public and the media to strongly condemn the lack of due process, and the rights violation that lawyer Yu Wensheng has been through as a result of the secret trial, detention and verdict that the Chinese Court has subjected him to. Lawyer Yu currently plans to appeal the case.

Signatories:
團體及個人聯署:

China Human Rights Lawyers Concern Group
中國維權律師關注組

Chinese Human Rights Defenders
中國人權捍衛者

Committee to Support Chinese Lawyers
中國律師之友

Hong Kong Alliance in Support of Patriotic Democratic Movements of China
香港市民支援愛國民主運動聯合會

Human Rights Now Human Rights Watch
人權觀察

Humanitarian China
人道中國

Institute for the Rule of Law (UIA-IROL)
國際律師聯盟法治研究所

International Service for Human Rights
國際人權服務社

International Association of People’s Lawyers (IAPL)
國際人民律師協會

Judicial Reform Foundation
民間司法改革基金會

Justice and Peace Commission of HK Catholic Diocese
香港天主教正義和平委員會

Lawyers for Lawyers
律師助律師基金會

League of Social Democrats
社會民主連線

Leitner Center for International Law and Justice at Fordham Law School
福坦莫法學院萊特納國際法暨正義中心

New School for Democracy
華人民主書院

Office of the Hon. Kwok Ka-ki, Hong Kong
立法會郭家麒議員辦事處

Paris Bar Association
巴黎律師公會

The Rights Practice
瑞慈人權合作中心

Safeguard Defenders
保護衛士

Taiwan Support China Human Rights Lawyers Network
臺灣聲援中國人權律師網絡

Martin Flaherty, Princeton University

 


.【專訪】余文生妻許艷:丈夫遭秘密判決、跨省囚禁,中國只有「紙面上的法律」https://bit.ly/3eJpDPR