Daily Archives: 1 de January de 2018

Turkey: Lawyer Under Investigation, Accompanied By Infant, Put In Pretrial Detention By Turkish Gov’t

January 1, 2018

An İstanbul lawyer, identified only by the initials O.E.H., was put in pretrial detention along with her 3-month-old baby as part of an investigation into the faith-based Gülen movement, local media reported.

According to the TR724 online news website, O.E.H. went to the Tokat police station upon a Dec. 27 call regarding a probe. The prosecutor in charge requested her arrest, claiming that she might try to avoid investigation although O.E.H. had voluntarily complied with the police notice.

TR724 reported that O.E.H. was put in pretrial detention on Dec. 29 with her 3-month-old baby after spending two days in police custody.

More than 17,000 women in Turkey, many with small children, have been jailed in an unprecedented crackdown and subjected to torture and ill-treatment in detention centers and prisons as part of the government’s systematic campaign of intimidation and persecution of critics and opponents, a report titled “Jailing Women In Turkey: Systematic Campaign of Persecution and Fear released in April by SCF has also revealed.  At least 700 children under the age of 6 have accompanied a parent in jail as they had no one to look after them on the outside.

According to data compiled by independent monitoring site The Arrested Lawyers’ Initiative, 565 lawyers have been arrested as of November 28, 2017 since July 15, 2016 and 1,448 lawyers were under prosecution as of Oct. 27, 2017.

https://stockholmcf.org/lawyer-under-investigation-accompanied-by-infant-put-in-pretrial-detention-by-turkish-govt/

https://turkeypurge.com/lawyer-put-behind-bars-along-3-month-old-baby-report

http://www.tr724.com/erdogan-rejimi-bebekleri-anneleri-tutuklamaya-devam-ediyor-3-aylik-bahar-bebek-annesiyle-cezaevine-gonderildi/ (TURKCE)

http://www.idhae.org/OBSAV-fr-wewstur171229.htm (FRANCAIS)

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China: Perseverance Will See Us Through — A 2018 New Year’s Message From the Chinese Human Rights Lawyers Group

December 31, 2017

 

It is with a heavy heart and a sense of desolation that we begin our New Year’s dedication, just as China is shrouded in smog and enveloped in haze. But regardless of the challenges and suffering of the past year, we have not cowered. We continue to hope that 2018 will bring us closer to freedom. We also wish that our own hope will become infectious, and that the citizens of China will together fight for a free, beautiful future and country.

2017 was again a year of no shortage of injustice and wanton violations of the law by the country’s judicial organs. Ugly words such as suffocation, shackles, and dungeons tested our resolve; deaths, disappearances, and bloodshed caused us enormous pain. Though we see no justice and feel no freedom, our faith girds us to continue to persevere — to wait for conscience, to wait for strength, and to await the arrival of spring.

2017 was the year in which we lost a great intellectual of liberty, Liu Xiaobo (刘晓波). He left the world with the saddest dirge, and while alive he expounded in his works, and demonstrated in his life, the incorruptibility, uprightness, and patriotism of the Chinese intellectual. His soul returned to the sea where waves will carry his dream of a free China forever.

2017 saw the persecution of numerous human rights lawyers. Jiang Tianyong (江天勇), Li Heping (李和平), and Xie Yang (谢阳) were all convicted on false charges. Wang Quanzhang (王全璋) was illegally held incommunicado for a cumulative 900 days. The persecution of Li Yuhan (李昱函) has been relentless. All of these cases show just how harsh and dangerous it has become to be a human rights lawyer in China.

In 2017, a large number of lawyers were threatened, coerced, and silenced by local judicial bureaus and legal associations, including Zhu Shenwu (祝圣武), Wu Youshui (吴有水), Wen Donghai (文东海), Wang Liqian (王理乾), Wang Longde (王龙德), Yu Wensheng (余文生), and Peng Yonghe (彭永和). For no more than exercising their freedom of expression and proactively defending the interests and rights of their clients, these lawyers were made targets of harassment — and in some cases subject to sanctions by the official lawyer’s association, or administrative penalties. This entirely contradicts the claims of officialdom that China is a country ruled by law and that human rights are guaranteed.

Perseverance Will See Us Through — A 2018 New Year’s Message From the Chinese Human Rights Lawyers Group

https://www.washingtonpost.com/opinions/a-chinese-dissident-takes-on-the-dictatorship–and-pays-the-price/2017/12/28/03ae7438-eb27-11e7-b698-91d4e35920a3_story.html?utm_term=.027d8df47e68

https://www.ft.com/content/3a6d8d6c-efb2-11e7-ac08-07c3086a2625

https://www.nchrd.org/2018/01/china-must-release-wu-gan-stop-treating-free-speech-as-an-act-of-subversion/

(English version follows)
〈吳淦、謝陽無罪-立即釋放吳淦〉

吳淦、謝陽無罪
立即釋放吳淦

12月26日,天津市第二中級人民法院開庭,以「顛覆國家政權」罪,判處著名維權人士吳淦入獄8年,剝奪政治權利5年。同日,湖南長沙市中級人民法院,亦宣判維權律師謝陽「煽動顛覆國家政權」罪名成立,但以「尚未造成嚴重社會危害,且謝陽歸案後認罪悔罪」,免予刑事處罰。

兩人一放一囚,盡顯中共政府逼迫異己之殘酷。事實上,自2015年7月9日啟動全國抓捕維權律師及維權人士後,已有多人經歷長期秘密囚禁,並飽受酷刑折磨和脅逼。以謝陽為例,他於年初透過其律師發表證辭,指出在拘留期間,曾受長期疲勞審訊、限制睡眠、遭受毆打侮辱、死亡恐嚇等對待,逼使他認罪悔罪。今年5月8日謝陽一審罪成,表面獲准取保候審,實質遭受軟禁和各種嚴密監控,至26日,度現身法庭認罪,換來免予刑罰。

與此相反,吳淦則拒絕認罪,今年8月,天津市第二中級人民法院秘密審訊其案件,並於事後聲稱他已認罪悔悟,然而,吳淦却於今次開庭前向律師表白:「在『偉光正』(偉大、光榮、正確,反諷共產黨)的殘暴統治下,不被『犯罪』都不好意思……一份出自獨裁專制政權的有罪判決書,是頒給民主自由戰士的一座金光閃閃的獎杯」。

謝、吳兩人被拘被控,就是習政權打壓異己最新一輪令人髪指的例證。謝陽為維權律師,一直參與支援失地農民和遭強遷住戶等被侵權人民及異議人士的案件,並為法輪功學員辯護等等。謝陽在代理維權案件期間,曾遭受恐嚇及毆打,一直拒不屈服,最終在2015年7月全國性維權律師大抓捕中被捕。

吳淦自稱「超級低俗屠夫」,他自言屠刀是要伸向制度性的腐朽和不公,以近乎粗鄙的表演行為,強力控訴中共制度的不公,為無權無勢者伸張公義,例如著名的鄧玉嬌案,強姦受害者自衞反抗以致誤殺施暴者卻反被控。吳淦介入其中,通過網上倡議聚集公眾意見、組織抗議活動及藝術表演表達不滿,他堅持行使其請願和表達自由等公民權利,致成為政權眼中的大逆不道。今次法庭指斥他「長期引用信息網絡散佈大量言論,攻擊國家政權和憲法確立的國家制度,宣揚用以顛覆國家政權的『推牆』思想……以「維權」、表演「行為藝術」等為幌子……抹黑國家機關,攻擊憲法所確立的國家制度」。

兩件案子值得注意的是,兩人參與維權運動多年,謝陽2011年執業以來,介入不同的維權案件,吳淦也早在十年前便開始他的網上倡議活動,即使不斷受到威嚇打擊,仍有狹窄的活動空間。但是,自習近平上台後,積極壓縮公民空間、打擊異己;一方面大規模拘捕異見人士,另一方面以長期羈押、酷刑迫供,要從肉體、精神甚至用家人安危的各種壓力,務要摧毀異議者的意志,迫使其認罪悔罪,更要在庭上充當儡傀,唾面自乾,令中共可以搪塞國際輿論的壓力。此所以,2015年709大抓捕後,被捕者沒有即時受審,一直到一年多後,認罪者才陸續受審判刑或取保候審。反觀吳淦,庭上拒絕認罪,結果被重囚8年﹗

其實,中共採用「不認罪,不開庭,不認錯,不輕判」的手段,將政治犯及其家屬折磨。吳、謝兩人之前,就有江天勇、周世鋒、胡石根被逼就範,709案仍有王全璋律師被囚超過28月而音訊渺然,而民運人士秦永敏及黃琦亦因拒絕合作,審訊遙遙無期,秦之妻子則更人間蒸發,與劉霞之「被失蹤」異曲同工!習近平所謂「依法治國」,簡直瀰天大謊!

中共暴政令人髪指,我們對在酷刑下被迫認罪悔罪者深表尊重,對殘暴肆虐下仍不屈者,致以極大的敬禮。習政權以人民為寇讎,動輒以顛覆國家政權罪陷人以罪,以文革式造神以愚民造假,只顯示其色厲內荏,害怕人民﹗

吳淦、謝陽無罪﹗立即釋放吳淦﹗釋放所有政治犯﹗

社會民主連線
香港市民支援愛國民主運動聯合會
大專政改關注組
香港天主教正義和平委員會
香港眾志
中國維權律師關注組
2017年12月27日

Wu Gan and Xie Yang are innocent
Immediate release of Wu Gan

On 26 December, the Tianjin No. 2 Intermediate People’s Court handed down a verdict for renowned human right defender Wu Gan was charged with “Subversion of State Power”. Wu was sentenced to 8-year imprisonment and 5-year deprivation of political rights.
On the same day, human rights lawyer Xie Yang was also convicted of “Inciting Subversion of State Power”. The Changsha Intermediate People’s Court in Hunan, however, spared Xie from criminal punishment as he was deemed “not having yet caused severe social detriment” and that “he had pleaded guilty”.

The two instances, one freed and the other imprisoned, demonstrated the utter cruelty of the Chinese government in oppressing the dissidents. In fact, since the nation-wide crackdown on human right lawyers and defenders starting 9 July 2015, many have experienced long-term secret incarceration, suffered tortures and intimidations. In the case of Xie Yang, for instance, he had testified his ordeals through his lawyers. He was put under fatigue interrogations, deprived of sleep, beaten up, insulted, given death threats, and was subsequently forced to admit guilt and to express remorse. After his first trial on 8 May this year, Xie Yang was granted bail but in reality he was held under house arrest and was subjected to various forms of surveillance. On 26 December when he turned up in the court to plead guilty again, he had the criminal punishment lifted from him.

Quite on the contrary, Wu Gan refused to plead guilty. In August this year, Wu was trialed in a closed-door hearing in the Tianjin No. 2 Intermediate People’s Court, which claimed that Wu had confessed and admitted crimes. However, prior to the trial this time, Wu told his lawyers, “Under the rule of the great, glorious and righteous (Chinese Communist Party), I would feel bad if I am not portrayed to have confessed… A verdict of conviction issued by a despotic regime is indeed a shiny trophy for a fighter of democracy and freedom.”

The arrest and prosecution of Xie and Wu are the latest evidence of oppression of the dissident by the Xi regime. Xie Yang, as human right lawyer, has been assisting dissidents and victims of rights violations including farmers who lost their land, tenants of forced evictions and the Falun Gong practitioners. He was threatened and physically attacked during his practice but he was always defiant, which subsequently resulted in his arrest in July 2015 as part of the Crackdown.

Wu Gan called himself the “Super Vulgar Butcher” with his butcher’s knife pointing at the systemic corruption and injustice. With performing arts that came deliberately close to being vulgar, Wu strongly denounced the injustice embedded in the Communist regime. He strived for the justice of the powerless. In the well-known case of Deng Yujiao, for instance, Wu intervened to revert the fate of a victim of rape who was about to be charged for killing her perpetrator in an attempt to defend herself. Wu gathered public opinion online, organized protests and art performances to express his discontent. He insisted to exercise his civil rights and pursue his freedoms to petition and to express himself, rendering himself thereby a traitor in the eyes of the regime.

The court has condemned him as having “used the internet for long time to disseminate large amount of speeches, attacked the State and the constitutionally endorsed political system in an attempt to promote the ideas to topple and to subvert state power…. using “rights-defence” and “performing arts” as disguise. … to defame the state apparatus and attack the system erected by the Constitution.”

It is worth noting that both Wu and Xie have been veteran participants in the human rights movement. For Xie, he has engaged himself in a number of human rights cases since his practice in 2011. Wu for his part began his online advocacy for rights defence almost a decade ago. Even though they both were greeted with harassments and intimidations, there was still space, albeit limited, to manoeuvre. However, after Xi Jinping took power, the civic space has been further squeezed and dissenting voice further suppressed. He has on one hand arrested in large scale and on the other, strived to destroy the will power of the dissidents by exerting pressure both physically and psychologically via means of long detention, torture and threat on the wellbeing of their family members. They would be forced to admit guilt, to remorse, and be a puppet in the court to take in all insults and degradations so that the Chinese government could retort criticisms and pressure from the international community. Henceforth, after the 709 Crackdown in 2015, court hearings were not duly arranged for the arrested until one year later when they were either granted bail or trialed one by one. But for Wu Gan who has defiantly declined to plead guilty, he was given a harsh sentence of 8-year imprisonment.

In fact, the communist China has employed the tactics of “No court trial unless plead guilty; and no light sentence without confession” to agonise the political dissidents and their families. Prior to Wu and Xie, there were Jiang Tianyong, Zhou Shifeng, Hu Shigen, all forced to their knees. To date, lawyer Wang Quanzhang has remained incommunicado for more than 28 months after he was first detained. And for the activists for democracy, Qin Yong-min and Huang Qi are likely to be put under indefinite incarceration as they have refused to cooperate. Qin’s wife has simply vanished from earth’s surface, similar to the situation of Liu Xia. It is such huge hypocrisy when Xi Jinping uttered the words “rule by law”.
The tyranny of the Communist regime is appalling. We express our respect to those who have been forced to plead guilty by torture. We salute those who stood firm even in agony. Xi’s regime sees people as its enemy and framing them up for the crime of Subverting State Power. It fools its people by the cultural revolution-type of apotheosis, which will only highlight its frailty and fear for people in its heart!

Wu Gan and Xie Yang are innocent! Immediate release of Wu Gan! Release of all political prisoners!

League of Social Democrats
Hong Kong Alliance in Support of Patriotic Democratic Movements of China
Student Fight for Democracy
Justice and Peace Commission of the Hong Kong Catholic Dioceses
Demosisto
China Human Rights Lawyers Concern Group

27 Dec 2017

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無懼政治檢控,拒與威權同行!
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Pakistan: Over 0.2m cases could not be heard due to lawyers’ strikes: LHC chief justice

December 31, 2017

Lahore High Court Chief Justice Mansoor Ali Shah criticised Sunday the frequent strikes by the legal fraternity, and shared that the lawyers should only protest issues they deeply care about.

Sharing statistics, he pointed out that 240,000 additional cases could have been heard if it weren’t for 3,040 strikes by lawyers in 2017.

While addressing an event in Lahore, CJ LHC remarked that it makes no sense for lawyers to protest issues which do not relate to Pakistan.

Most recently, the legal fraternity boycotted courts following the suicide attack in a church in Quetta, which claimed nine lives. Before, the lawyers had staged a demonstration against US President Donald Trump’s move to recognise Jerusalem as the capital of Israel.

Lawyers in Multan protested for seven consecutive days recently over the shifting of the judicial complex. The protest ended after Chief Justice of Pakistan Saqib Nisar ruled to reopen the old judicial complex until adequate facilities are ensured in the new complex.

https://www.geo.tv/latest/174672-02m-cases-could-not-be-heard-due-to-lawyers-strikes-lhc-chief-justice

https://www.pakistantoday.com.pk/2017/12/31/0-2m-cases-could-not-be-heard-due-to-lawyers-strikes-lhc-chief-justice/

https://tribune.com.pk/story/1597526/1-lhc-cj-blames-backlog-cases-lawyers-frequent-strikes/

http://nation.com.pk/01-Jan-2018/over-3-000-strikes-behind-heavy-caseload

http://nation.com.pk/31-Dec-2017/only-one-judge-for-every-62-000-people-in-punjab-chief-justice-lhc

https://tribune.com.pk/story/1594708/1-strike-day-keeps-litigants-away-concerns-sc/

http://tns.thenews.com.pk/bar-activist-bench/#.Wkm9od_ibIU

https://en.wikipedia.org/wiki/Syed_Mansoor_Ali_Shah

France/Israel/Palestine: Salah Hamouri, l’acharnement continue

le 31 décembre, 2017

Le Club de Mediapart

Depuis le compte Facebook d’Elsa Lefort: Nous apprenons par le Comité international de la Croix-rouge que l’administration pénitentiaire a soudainement décidé de changer Salah Hamouri de prison et qu’il est transféré à la prison de Megiddo située au sud-est d’Haïfa, en guise de mesure punitive. Sa visite familiale mensuelle prévue demain est également annulée.

Sa femme de Salah Hamouri a publié sur Facebook ce post:

Nous apprenons par le Comité international de la Croix-rouge que l’administration pénitentiaire a soudainement décidé de changer Salah Hamouri de prison et qu’il est transféré à la prison de Megiddo située au sud-est d’Haïfa, en guise de mesure punitive. Sa visite familiale mensuelle prévue demain est également annulée.

Cet acharnement doit cesser ! La France ne peut plus se contenter de paroles mais doit faire place aux actes pour libérer notre concitoyen immédiatement !

 

Je regrette de parler encore de Salah Hamouri, mais je continuerai à le faire tant qu’il sera embastillé en Israël. Et tant que les médias dominants continueront de se montrer si discrets et que les propagandistes de l’État israéliens continueront de déverser leurs calomnies sur lui. En parlant de lui, je parle aussi de la soixantaine d’embastillés et des milliers de prisonniers politiques. Mais le cas de Salah est spécial: il est citoyen français et à ce titre il doit pouvoir compter sur l’aide incessante de l’État de son pays pour que cesse la révoltante détention dont il est victime. Certes le consulat de France lui apporte un soutien “consulaire” et c’est normal. Ce qui l’est nettement moins c’est l’attitude de l’État français. Il semble que le Quai d’Orsay ait légèrement haussé le ton; on veut bien croire qu’on n’y cesse de suivre ce dossier.

https://blogs.mediapart.fr/jean-claude-bourdin/blog/311217/salah-hamouri-lacharnement-continue

https://blogs.mediapart.fr/morvan56/blog/010118/salah-hamouri-ete-transfere-dans-une-nouvelle-prison

https://oumma.com/mesure-punitive-contre-salah-hamouri/

http://www.addameer.org/news/israeli-occupation-punishes-al-hammouri-transferring-him-al-naqab-megiddo-prison

https://fr.wikipedia.org/wiki/Salah_Hamouri

https://en.wikipedia.org/wiki/Salah_Hamouri (ENGLISH)