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就余文生律師獲得「馬丁.恩納爾斯人權捍衛者獎」之聲明

2021/2/12 — 17:28

余文生

余文生

今天是農曆新年辛丑年之大年初一,世界各地的華人皆有各項活動,以慶祝新年伊始。惟對中國維權律師及人權捍衛者來說,今天更顯意義非凡,是故於中歐時間 2021 年 2 月 11 日下午 7 時(香港時間 2021 年 2 月 12 日凌晨 2 時),「馬丁.恩納爾斯」評獎基金會宣佈,中國維權律師余文生為本年度「馬丁.恩納爾斯人權捍衛者獎」的得獎者。

余文生律師在其律師生涯曾代理多宗維權案件,包括在面對巨大的壓力、打壓以及逼害下為多名法輪功案件被告,以及眾多在「709 大抓捕」中被捕的維權律師辯護。余文生律師亦熱心促進中國公民社會的發展,他於 2018 年 1 月發表公開信件倡議中國領導班子進行政治改革,惟在發信後翌日立刻被拘留,至今仍失去人身自由。

余文生律師在獄中得知他獲得本年度獎項的提名後非常感恩,亦感謝國際社會對他的關注。是次獲獎更是對他為中國保障人權及公民權利和促進中國司法體系發展之貢獻的肯定。可惜的是,現時余文生律師仍處於失去人身自由的狀態。他在 2020 年 6 月被判「煽動顛覆國家政權罪」罪成,入獄 4 年,剝奪公民政治權利 3 年。他的案件在 2020 年 12 月二審上訴後,在具爭議的情況下宣告敗訴,維持原判,即代表他需服刑至 2022 年 3 月 1 日。

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余文生律師之妻子許艷亦只有在余文生律師經歷超過 1,100 天與外界隔絕的日子後,於近日才成功與他會面,惟在會面後駭然發現余文生律師身體非常虛弱,身體消瘦,牙齒脫落,右手已顫抖至無法再作書寫,甚至要在寒冷的獄中席地而睡。許艷多次要求將余文生律師調回其戶籍所在地北京的監獄,但當局似乎在收到其申索後仍不如其願。余文生律師現時被調到南京監獄,意味其妻子許艷每每要長途跋涉從北京到南京會見余文生律師,使余文生律師的情況更令人擔憂。

余文生律師是次獲獎,不但肯定其對於人權及公民權利保障之努力及貢獻,更可謂是表述了國際社會對中國維權律師和人權捍衛者的鼓舞及支持。僅寄望在新的一年下,中國當局能致力保障人權及公民權利,停止打壓維權律師以及人權捍衛者。人權及公民權利不受侵犯並且得到委善保障,才是彰顯法治進步及完善之體現。

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China Human Rights Lawyers Concern Group Statement on Lawyer Yu Wensheng named as the Laureate for the Martin Ennals Award for Human Rights Defenders 2021

Today marks the start of the Lunar New Year of Ox, for which celebrations could be found in various places. Yet, today shall be more than remarkable for Chinese human rights lawyers and human rights defenders because it has just been announced by the Martin Ennals Foundation at 7pm CET, 11 February 2021 (2am HKT, 12 February 2021) that the prominent Chinese human rights lawyer, Mr. Yu Wensheng, is named as the Laureate of the Martin Ennals Award for Human Rights Defenders 2021.

Mr. Yu has throughout his legal career participated in multiple human rights and civil rights cases, most notably his numerous representation in cases related to Falun Gong and ‘709 Crackdown’, despite tremendous pressure of suppression and persecution. He has also been dedicated to foster the advancement of civil society in China. He issued an open letter in January 2018 calling for political reform, which is believed leading to his immediate detention on the next day, making him still remain behind bars at the time being.

Mr. Yu expressed his gratefulness after learning that he had been nominated for the Martin Ennals Award this year and for having the support and consideration from the international community. His being awarded this time further embodies a recognition as to his efforts in safeguarding human rights and civil rights, as well as facilitating the development of the judicial sector in China. Nevertheless, it remains pitiful that Mr. Yu has still lost freedom as he was convicted of “inciting subversion of state power” in June 2020 and sentenced for 4 years of imprisonment and 3 years of deprivation of political rights. His appeal was rejected controversially in December 2020, meaning that he has to serve his imprisonment term until 1 March 2022.

Mr. Yu’s wife Xu Yan was allowed to meet him only after more than 1,100 days in which Mr. Yu remained isolated from the outside world. Recent meeting with Mr. Yu revealed that he has been suffering from serious health conditions. He was found feeble and emaciated, with teeth fallen off and right-hand trembling, causing him unable to write with his right-hand anymore. It was even disclosed that he was made sleeping on the floor amid a freezing weather. Authorities appear to ignore Xu Yan’s requests to transfer Mr. Yu to Beijing where his hukou (residential status) belongs, instead Mr. Yu is now placed in a prison in Nanjing, meaning that his wife Xu Yan has to take an excessively long journey every time as she attempts to visit Mr. Yu, causing his situation to be more worrying.

Being granted the Martin Ennals Award not only approves Mr. Yu’s contribution in protecting the human rights and civil rights, it also embodies a conferment of encouragement and support by the international community to Chinese human rights lawyers and human rights defenders. It is hoped that in this new year, authorities in China can strive to protect people’s human rights and civil rights, and stop persecuting human rights lawyers and human rights defenders, since ensuring people’s rights are well protected enshrines the manifestation of the advancement and the legitimacy of the legal system.

China Human Rights Lawyers Concern Group

 

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