【中國】律師余文生拘留期間遭受酷刑

ASA 17/2897/2020

 

親愛的殷所長：

我來信向您表達我深切的憂慮，余文生不過只是和平行使個人的表達自由權，近期卻被關押在徐州市看守所。余文生被拘留已超過 18 個月，他獲准於 8 月14 日和委任律師見面，這消息雖然帶來希望，但聽聞余文生在徐州市看守所的處境，依舊令人極為擔憂。

余文生向他的律師表示，他在拘留期間除了被噴辣椒水，還數次被強迫坐在鐵椅上拷問極久的時間，導致他失去部分意識。余文生也透露，看守所時常供食過少，他夏天時常中暑，冬天則要忍受酷寒。

余文生遭禁止通訊拘留後，身體狀況急遽惡化，妻子許艷對此深表擔憂。余文生除了高血壓纏身，近期還因牙齒掉落而無法好好進食。余文生也表示自己的右手顫抖情形非常嚴重，已無法再用右手寫字，因此余文生的上訴狀不得不全用左手 寫。而根據看守所的醫師表示，余文生右手的情況已難以恢復。

余文生是名良心犯，他只不過是和平行使個人的表達自由權就遭到當局關押。

除了面臨不公審判被監禁，余文生在看守所還遭受不人道待遇。

 

●確保余文生在看守所接受的待遇完全依照《聯合國囚犯待遇最低限度標準規則》（曼德拉規則）（ UN Standard Minimum Rules for the Treatment ofPrisoners, the Nelson Mandela Rules ），尤其須確保他免於酷刑或其他不人道對待，以及免於不良的拘留條件。

 

●確保余文生能定期且不受限制地與委任律師聯繫；以及在他請求或必要的情況下，能定期且不受限制地獲得食物和醫療照護。

 

敬此

 

Dear Director Yin:

I am writing to express my concern for Yu Wensheng (余文生 ), who is currently detained in your facility for peacefully exercising his right to freedom of expression. While it is promising that Yu was able to meet with his lawyer on 14 August after more than 18 months in detention, it is alarming to learn of the conditions that he has experienced in Xuzhou City Detention Centre.

Yu Wensheng told his lawyer that, during his detention, he had been sprayed with pepper spray water and was at times required to sit on a metal chair for an extended period of time, until he partially lost consciousness. Yu also said that he was often not given enough food and that he suffered heatstroke in the summer and was cold in the winter.

Yu’s wife, Xu Yan, has expressed her distress about the sharp deterioration in Yu’s health since he has been held incommunicado. In addition to struggling with hypertension, some of Yu’s teeth fell out and he was too weak to chew his food. Yu also shared that, due to severe tremors, he was no longer able to write with his right hand.

Instead, Yu was forced to write his entire appeal submission with his left hand. According to the doctor in the detention centre, this condition is irreversible.

Yu Wensheng is a prisoner of conscience, detained solely for peacefully exercising his right to freedom of expression. Not only is Yu unjustly imprisoned, he is also enduring inhumane treatment in your detention centre.

Therefore, pending Yu Wensheng’s immediate and unconditional release, I call on you to ensure that he:

●is treated in full accordance with the UN Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules) and, specifically, is not subjected to torture or other illtreatment, including to poor conditions of detention.

●has regular, unrestricted access to a lawyer of his choice and is granted regular and unrestricted access to food and medical care on request or as necessary.

 

Yours sincerely,

 

 

中英文範本訴求信.pdf