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抗議秘密審訊余文生律師聲明

2019/5/14 — 18:29

中國維權律師關注組製圖

中國維權律師關注組製圖

維權律師余文生即將被羈押 500 天,早前其開庭之日一拖再拖,直至近日其妻子許艷得悉法院突然進行了秘密審訊,庭審的公正性備受質疑。

中國維權律師關注組(關注組)及台灣聲援中國人權律師網絡(臺援網)譴責官方對余文生律師進行的秘密審訊,關注組及臺援網要求中國政府及法院:

1. 重新開庭審訊,確保余文生律師得到公平審訊
2. 保障余文生獲得辯護的權利
3. 保證家屬及家屬委任的辯護律師的知情權

廣告

違法的秘密審訊

5 月 9 日,徐州市中級人民法院突然秘密開庭審訊余文生律師。余文生妻子許艷表示當局開庭前並沒有在網上公佈任何消息,家屬及家屬委任的辯護律師在事前亦沒有被知會。

廣告

該審訊有違公正原則,非但沒有保障余文生律師獲得辯護的權利,同時也沒有尊重家屬旁聽的權利,更加刻意阻止公眾得知開庭消息而出席旁聽,審判過程嚴重違反中國憲法、法律以至國際法。

法院長期不作為

余文生是北京的維權律師,在 709 大抓捕後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。他也曾經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。余去年 1 月 19 日被警察帶走後,被控煽動顛覆國家政權罪,至今被官方拘禁、指定監居及羈押約 500 日之久。

被羈押後,其妻許艷不斷到看守所要求會見及向法院、司法局等機關詢問開庭安排。然而,法院卻多次不作為,例如 4 月 9 日法院職員指電腦沒有余文生案的立案信息;及後法院更對余文生案延長期限,庭審遙遙無期。如今突然開庭秘密審訊,可見官方企圖減少公眾對案件的關注。

有見及此,關注組及臺援網呼籲國際社會、公眾和媒體繼續密切關注余文生律師的事態發展。

 

中國維權律師關注組 China Human Rights Lawyers Concern Group
臺灣聲援中國人權律師網絡 Taiwan Support China Human Rights Lawyers Network

2019 年 5 月 14 日

Statement of Protest against the Secret Trial of Lawyer Yu Wensheng

The trial of rights lawyer Yu Wensheng, now detained for almost 500 days, has been pushed back for several times, until his wife Xu Yan was notified recently that it had taken place behind closed doors. The fairness of this secret trial remains dubious.

The China Human Rights Lawyers Concern Group (CHRLCG) and the Taiwan Support China Human Rights Lawyers Network (TCLN) hereby condemn Lawyer Yu’s closed-door trial arranged by the authorities, and demand the Chinese government and court to –
1. Arrange re-trial of Lawyer Yu in open court to ensure his right to fair trial,
2. Secure the Lawyer Yu’s right to be defended in court, and
3. Respect the right to know of Lawyer Yu’s family and his defense lawyers appointed by his family

Unlawful Secret Trial

On 9 May, Lawyer Yu Wensheng was tried behind closed doors in the Intermediate People’s Court of Xuzhou City without any announcement on the court’s website. His wife Xu Yan said neither she or the defense lawyers appointed by her for Lawyer Yu had received any prior notification before the trial.

The secret trial of Lawyer Yu breached the principle of fairness. It deprived Lawyer Yu’s right to counsel, showed no respect for his family’s right to attend court, and deliberately forbade the public’s knowing and thus their attending of Lawyer Yu’s trial. The proceedings constituted a serious breach of China’s national law, Constitution and the international laws.

Court’s Long-standing Omission

Rights lawyer Yu Wensheng was once the defense lawyer of Wang Quanzhang after the 709 Crackdown. The Beijing-based lawyer was detained and deprived of the right to practice after voicing support for the Umbrella Movement in Hong Kong. Before his arrest on 19 January 2018, he published statement and articles to call for Xi Jinping’s removal from office and to promote justice and political system reform through constitutional amendment. He was then charged of inciting subversion of state power. Till now, he has been put under residential surveillance at a designated location (RSDL) and detained for about 500 days.

After Lawyer Yu’s arrest, his wife Xu Yan has been ceaselessly requesting to meet with him in the detention center, while making countless enquiries to the judicial bodies, namely the court and the Bureau of Justice, about the trial schedule and arrangement. Yet, the court has neglected its duty, by claiming not to have any information about Lawyer Yu’s case registration in the computer server on 9 April, and by prolonging the investigation period of Lawyer Yu’s case, thereby postponing his trial. Being held without prior announcement, the closed-door trial of Lawyer Yu revealed the court’s intention to minimize the public’s concern and support of his case.

Therefore, CHRLCG and TCLN call on the international community, the public and the media to pay continuous attention to the case of Lawyer Yu Wensheng.

 

China Human Rights Lawyers Concern Group 中國維權律師關注組 
Taiwan Support China Human Rights Lawyers Network 臺灣聲援中國人權律師網絡

14 May 2019

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