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Chang Weiping 常瑋平

維權律師資料庫

Chang Weiping
常瑋平
Chang Weiping
執業地點
陜西省
現時執業狀態
吊銷
開始執業年份
執業範疇
Civil Rights
言論自由
Human Rights Defence
勞工權益
律師簡介

常瑋平律師是中國維權律師當中的年輕面孔之一。自2013年取得律師執照後,他開始在山西立剛律師事務所執業,並介入多宗公共利益及人權案件,包括愛滋病病毒帶菌者被歧視及維權人士被控破壞公眾秩序和釁衅滋事等案件。他亦向人權捍衛者、上訪人士、性小眾和受到職場歧視的女性提供義務法律諮詢。他亦因參與中國”MeToo”運動及其對性別平權的支持而為人熟悉,並一直為性騷擾受害人提供法律支援。

2019年12月,他前往廈門出席一個維權律師與維權人士的聚會,討論中國的當前情況及未來(這會議及後被稱作「廈門會議」)。可是,內地警方注意到這次聚會,並在12月16日大搜捕多名參加者後,於2020年1月12日帶走常瑋平。常瑋平的律師執照亦同時被吊銷。即使他1月21日獲得保釋候審,但他的行蹤被警方嚴密監視,並需要每日向警方通佈行程,更被禁止離開寶雞市。

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.

相關罪名
2020年10月22日,被逮捕,涉嫌罪名:顛覆國家政權,被關押在鳳縣看守所。
逮捕日期
2020年10月22日
Date of Start of Detention
2021年4月7日
一審日期
2022年7月26日
關押地點
鳳縣看守所
現身處在
鳳縣看守所
現時拘留狀態
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,常瑋平於社交媒體上載影片,講述他早前被拘禁期間遭受酷刑的情況。他稱自己在被拘留十日期間,一直被綁在「老虎凳」上,導致其右手食指及無名指失去知覺。他在影片中亦作出聲明,表示自己沒有長期病患、不會自殺及不會接受官派律師代表他。

常瑋平公開視頻後,他在2020年10月22日再一次被監視居住,罪名為「煽動顛覆國家政權」。常向律師表示自己在監視居住期間遭受酷刑,多次被綁在「老虎凳」上,最長一次長達六日六夜。由於被剝奪睡眠、缺乏足夠的食物及不斷受到精神上的折磨和威脅,常瑋平的健康迅速惡化。可是,當局一直拒絕常瑋平妻子提出的要求,把常瑋平送院診治。

這時,常瑋平的身體情況令人憂慮,他因酷刑導致身體出現不同問題,包括便血的情況,但他被拘禁期間一直無法獲得適當治療和全面的檢查。由於擔心丈夫的健康狀況,常的妻子提交了一份結腸鏡和胃鏡檢查的申請,但拘留所沒有對她的請求作出回覆。
拘留期間能否接觸律師
即使常瑋平的代表律師多次要求,當局仍以國家安全為理由,拒絕告知常瑋平的拘禁地點和調查詳情。常的家人及律師亦不獲准探望他,亦未有收到任何有關拘禁常瑋平的正式通知。

2021年9月14日,常瑋平終於獲准會見律師。

跟律師會面後,常瑋平一直等候至2022年6月,其案件進行庭前會議前才再次獲准與律師會面。此外,常的律師亦被要求簽署保密協議,不得向所有人,包括常瑋平的家人透露案件的資料。
相關案件 / 資料
2022年7月11日,法院終於在常瑋平被拘禁21個月後就他的案件進行庭前會議,並預計會議將持續一星期,時間之長十分罕見和不尋常。由於以閉門方式進行,外間暫時無法了解庭前會議的情況。

2022年7月26日,他的案件終於在鳳縣人民法院開審,但當局禁止任何人,包括他的家人或朋友參加。他的妻子帶著母親和兒子駕車前往鳳縣期間,在高速公路上被警察攔住,禁止他們進入鳳縣,另外至少有三名常瑋平的朋友被警察帶走。這情況引起了多位駐華大使的關注,包括英國、德國、法國和瑞士的大使,他們在網上公開表示聲援常瑋平,並呼籲國際社會關注。
曾代理案件資料一覽