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Chang Weiping 常瑋平

Lawyers' Database

Chang Weiping
常瑋平
Chang Weiping
执业地点
陕西省
现时执业状态
吊销
开始执业年份
执业范畴
Civil Rights
言论自由
Human Rights Defence
勞工權益
律师简介

常玮平律师是中国维权律师当中的年轻面孔之一。自2013年取得律师执照后,他开始在山西立刚律师事务所执业,并介入多宗公共利益及人权案件,包括爱滋病病毒带菌者被歧视及维权人士被控破坏公众秩序和衅衅滋事等案件。他亦向人权捍卫者、上访人士、性小众和受到职场歧视的女性提供义务法律咨询。他亦因参与中国”MeToo”运动及其对性别平权的支持而为人熟悉,并一直为性骚扰受害人提供法律支援。

2019年12月,他前往厦门出席一个维权律师与维权人士的聚会,讨论中国的当前情况及未来(这会议及后被称作「厦门会议」)。可是,内地警方注意到这次聚会,并在12月16日大搜捕多名参加者后,于2020年1月12日带走常玮平。常玮平的律师执照亦同时被吊销。即使他1月21日获得保释候审,但他的行踪被警方严密监视,并需要每日向警方通布行程,更被禁止离开宝鸡市。

Timeline

2011: Chang Weiping passed the bar exam

2013: Chang Weiping began his legal practice. Initially, he focused on various legal cases but soon ventured into human rights advocacy, representing numerous sensitive human rights cases, including those related to Falun Gong, house churches, and discrimination against HIV/AIDS patients.

21 July 2014: Lawyer Chang Weiping went to the Central Station sub-bureau of the Jiaozuo City Public Security Bureau to submit his representation paperwork for a client accused of intentional homicide. Before he could do so, he was served with an "Interrogation Notice" requiring him to provide testimony against his client. Citing his duty of confidentiality as a defence lawyer, Chang declined to testify. Despite this, around 22:40, he was served another notice, this time summoning him under suspicion of "intentional homicide." He was then detained and interrogated for 12 hours.

October 2018: Chang was suspended from practice for three months by the Baoji City Judicial Bureau in Shaanxi Province.

November 2018: The law firm where he worked, Shaanxi Ligang Law Firm, was deregistered, limiting his ability to practise law as, in China, a lawyer's legal practice licence becomes invalid if one is not employed by a law firm. This may explain why, when Chang Weiping attempted to work in other law firms, despite liaising with at least ten law firms in Shaanxi over the following six months, all negotiations fell through, either through sudden changes of heart before contract signings or immediate termination after application submissions to the judicial department.

December 2019: Chang attended a conference in Xiamen. This gathering was also known as the "Xiamen Gathering", and was attended by other prominent human rights lawyers and activists like Ding Jiaxi and Xu Zhiyong.

14 January 2020: This year saw a significant escalation in the challenges faced by Chang. Pursuant to his participation in the Xiamen Gathering, he was taken away by police from his residence in Xi'an and soon placed under Residential Surveillance at a Designated Location (RSDL) for alleged endangerment to national security. Chang Weiping was released after being detained for around 10 days. Despite being released, he was placed under bail with restrictions on leaving Baoji City.

March 2020: He started a daily vlog named "Qu Bao Diary" on his personal YouTube channel "Danny Crane," documenting his daily life and experiences.

16 October 2020: Chang Weiping uploaded a video on YouTube recounting the repeated torture he experienced during his earlier detention, including being tied to a "tiger bench" for ten days which caused a loss of sensation in his right index and ring finger, deprivation of sleep, inadequate food supply, and constant mental torment. He also clarified that he was not suffering from any severe illnesses and vehemently would not accept government-assigned lawyers.

22 October 2020: Following the posting of this video, he was detained again under RSDL on charges of "inciting subversion of state power." Despite his rapidly deteriorating health and symptoms like haematochezia, the detention centre ignored pleas from his wife to hospitalise him.

April 2021: Chang was formally arrested for inciting subversion of state power by the Baoji City Procuratorate. Despite numerous attempts, his family and lawyers were kept in the dark regarding his whereabouts and the progress of the investigation under the pretext of "state security."

14 September 2021: After over five months of persistent efforts, his lawyers were finally allowed to meet him. However, the authorities imposed a restrictive confidentiality agreement on the lawyers, preventing them from sharing case details with Chang's family, and severed Chang's access to his family and legal team until the pre-trial conference in June 2022.

September - October 2021: Chang Weiping's lawyers met with him three times. During these meetings, it was revealed that during the 2nd RSDL that Chang Weiping experienced, Chang Weiping suffered from various ailments, all of which are consequences of torture during interrogations. He has been left with a plethora of health issues due to more than five months of torture inflicted against him.

11 July 2022: A pre-trial conference for Chang's case, which unusually extended for a whole week, was held in the Fengxian Detention Centre. Details of the conference remain undisclosed due to the secretive nature of the trial. It was subsequently revealed that the trial of Chang Weiping would be undisclosed.

26 July 2022: The trial commenced in the Fengxian People's Court amidst strict prohibitions preventing family, friends, and supporters from attending. Efforts by his wife to attend the trial were thwarted as she, along with her mother and son, were intercepted by police en route. Furthermore, at least three of Chang's friends were detained to prevent them from witnessing the trial. This incident drew widespread attention, with ambassadors from the UK, Germany, France, and Switzerland publicly advocating for Chang and urging international scrutiny on the trial proceedings. Chang Weiping never met his lawyer or family members again after being tried on 26 July.

June 2023: Chang was sentenced to three years and six months of imprisonment for the alleged subversion of state power, a charge he vehemently denies. The sentence period is set to end in July 2024.

相关罪名
2020年10月22日,被逮捕,涉嫌罪名:颠覆国家政权,被关押在凤县看守所。
逮捕日期
2020年10月22日
Date of Start of Detention
2021年4月7日
一审日期
2022年7月26日
关押地点
凤县看守所
现身处在
凤县看守所
现时拘留状态
被扣押等候判刑
酷刑 / 不人道或受侮辱的待遇
2020年10月16日,常玮平于社交媒体上载影片,讲述他早前被拘禁期间遭受酷刑的情况。他称自己在被拘留十日期间,一直被绑在「老虎凳」上,导致其右手食指及无名指失去知觉。他在影片中亦作出声明,表示自己没有长期病患、不会自杀及不会接受官派律师代表他。

常玮平公开视频后,他在2020年10月22日再一次被监视居住,罪名为「煽动颠覆国家政权」。常向律师表示自己在监视居住期间遭受酷刑,多次被绑在「老虎凳」上,最长一次长达六日六夜。由于被剥夺睡眠、缺乏足够的食物及不断受到精神上的折磨和威胁,常玮平的健康迅速恶化。可是,当局一直拒绝常玮平妻子提出的要求,把常玮平送院诊治。

这时,常玮平的身体情况令人忧虑,他因酷刑导致身体出现不同问题,包括便血的情况,但他被拘禁期间一直无法获得适当治疗和全面的检查。由于担心丈夫的健康状况,常的妻子提交了一份结肠镜和胃镜检查的申请,但拘留所没有对她的请求作出回覆。
拘留期间能否接触律师
即使常玮平的代表律师多次要求,当局仍以国家安全为理由,拒绝告知常玮平的拘禁地点和调查详情。常的家人及律师亦不获准探望他,亦未有收到任何有关拘禁常玮平的正式通知。

2021年9月14日,常玮平终于获准会见律师。

跟律师会面后,常玮平一直等候至2022年6月,其案件进行庭前会议前才再次获准与律师会面。此外,常的律师亦被要求签署保密协议,不得向所有人,包括常玮平的家人透露案件的资料。
相关案件 / 资料
2022年7月11日,法院终于在常玮平被拘禁21个月后就他的案件进行庭前会议,并预计会议将持续一星期,时间之长十分罕见和不寻常。由于以闭门方式进行,外间暂时无法了解庭前会议的情况。

2022年7月26日,他的案件终于在凤县人民法院开审,但当局禁止任何人,包括他的家人或朋友参加。他的妻子带着母亲和儿子驾车前往凤县期间,在高速公路上被警察拦住,禁止他们进入凤县,另外至少有三名常玮平的朋友被警察带走。这情况引起了多位驻华大使的关注,包括英国、德国、法国和瑞士的大使,他们在网上公开表示声援常玮平,并呼吁国际社会关注。
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