颁奖嘉宾 - 周锋锁先生
各位嘉宾、各位律师:
当威权扩张、伸延,当法律成为当权者管治、镇压工具,所到之处法治崩坏或如山倒、或如蠹虫侵蛀。 中国由是每况愈下、香港倐然变天更是让人痛心疾首。
尤幸在几近集体沮丧无力的漩涡边缘,我们不但有着来自世界各地的声援与支持,还有律师同行的相互砥砺和鞭策。
面对香港法治已死的哀号,吴雳仪大律师铿锵回应:「我相信只要人民有斗志,法治就不会死。 法治未死; 因为人心未死。」
今天,我们把「中国人权律师奖」,颁发与两位久历危难却仍坚持逆风而行,为了履行律师天职,恪守司法公义甚至不惜冒犯政权的律师。 他们彰显出无比的毅力和勇气,在在是人心未死的印证,也是我们此后前行的希望和激励所在。
「中国人权律师奖」每年一度,经过广泛的提名程序后由各筹办机构评议选出。
先生们、女士们,我很荣幸代表大会在此宣布2022年「中国人权律师奖」的两位得主: 谢阳律师、覃永沛律师。
(锋锁介绍 得奖律师简历)
谢阳律师,50嵗,湖南长沙人。 2011年以来多次代理涉及宗教自由、土地权、异见人士、黑监狱受害公民的案件。 屡次遭到中国当局的骚扰打压。
2015年709案发,谢阳律师以涉嫌扰乱法庭秩序和煽动颠覆国家政权被监视居住。 拘留期间,饱受酷刑虐待,至2017年底被判「煽颠罪」成,虽然免予刑事处罚却被长期监控。
近年谢律师再次活跃于各地维护人权的活动,2021年先后声援多位因为发表异见而被捕的人士,包括贵州的杨绍政教授、被精神病的湖南教师李田田以及广西法律同行覃永沛律师等。
2022年1月11日,谢阳律师再次涉嫌「煽动颠覆国家政权」被拘留,2月下旬被正式逮捕。 至今半年,仍未获家人和律师会见。
谢阳律师是「709」人权律师出狱后再次被以「煽颠」控告的首例。 他目前被羁押在长沙市第一看守所。
覃永沛律师, 53嵗,广西人,从事律师职业十多年,其创立的律所广纳多位当地人权律师,长期为被打压的同行辩护,为弱势群体提供法律援助,代理过非法行政拘留、工业污染、强拆案件并冤假错案,渐成为政权打压对象。
覃律师于2018年5月被吊照,并被逼关闭其创办的律所,其后与其他吊照律师成立「中国律师后俱乐部」,继续为民间提供法律服务; 又在网上举报地方官员庇权贵及徇私枉法,再次成为针对目标。
覃律师于2019年10月被带走,当局以其在微博、推特等社交平台批评政府为由,控以煽动颠覆国家政权罪,关押接近7个月后才获准会见代表律师。 2020年6月被起诉,2021年12月31日以煽动颠覆国家政权罪受审,覃坚决否认控罪。
覃律师被拘禁已达2年8个月,案件至今未判。 目前被羁押在广西自治区第二看守所。
(锋锁介绍 领奖人)
很遗憾,两位获奖律师今天都身陷囹圄,未能亲到现场与我们分享获奖的荣誉和喜悦。 让我们欢迎 谢阳律师的妻子陈桂秋女士 和 覃永沛律师的妻子 邓晓云女士,她们将代表两位律师接受 奖项。 先请桂秋。
(桂秋、晓云 - 家属获奖致谢辞 )
谢谢桂秋,谢谢晓云,我们期待与谢阳律师、覃永沛律师再聚的一天。
在严峻的政治环境里,人心不死终将是无权者最强大的武器。 历史告诉我们,任何独裁专制的政权,都难逃民众之斧钺。 我相信我们已经做了的和正在做的每个小步,都会是推动改变的开始。 让我们共勉。 谢谢各位。
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Speech of Award Presentation
2022 China Human Rights Lawyers Award
Award Presenter: Mr. Zhou Fengsuo
Distinguished Guests and Lawyers,
When authoritarian rule expands and goes beyond borders, and when the law becomes the
utter tool for control and repression, the rule of law is bound to fail, in corrosion or with a
flump. Hence we see China in decay and Hong Kong go in plummet. It does hurt, rather
badly.
Yet, while on the verge of our collective sense of despair and powerlessness, we are blessed
to find ourselves showered not only with support and solidarity from around the world, but
also the encouragement and inspiration from our fellow lawyers.
As people lament the imminent demise of the rule of law in Hong Kong, veteran barrister
Margaret Ng made herself heard loud and clear, "I believe that as long as the people have the
will to fight, the rule of law will not die. The rule of law is not dead; because people's hearts
are not dead."
Today, we present the "China Human Rights Lawyers Award" to two lawyers who, albeit the
many torments endured, have vowed to embrace the principles of justice in carrying out
their professional duties. They strived against all odds, even if it meant upsetting the
authorities. It is through their unparalleled perseverance and courage that we see the
“undying hearts of people”, and the hope and inspiration we most need in the pursuit of
justice.
The "China Human Rights Lawyers Award" is held annually, with the awardees decided
after an extensive nomination process, to be followed by careful deliberations among the
organisers.
Ladies and gentlemen, it is my great honour to announce on behalf of the organisers the
winners of the 2022 "China Human Rights Lawyers Award": Mr. Xie Yang and Mr Qin
Yongpei.
(Fengsuo introduces the Awardees)
Mr. Xie Yang, 50, is a lawyer from from Changsha in the Hunan Province.
Since 2011, Mr. Xie has represented cases involving religious freedom, land
rights, political dissidents, and victims of black jails, and thereby, being
repeatedly harassed and suppressed by the Chinese authorities.
In the 709 Crackdown in 2015, Xie Yang was held under "residential
surveillance at designated location" (RSDL) for allegedly "disrupting court order" and
"inciting subversion of state power". At the end of 2017, he was convicted of "incitement to
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subversion" and, despite being exempted from criminal punishment, was placed under
long-term surveillance and monitoring.
Xie has resumed his human rights activism more recently. In 2021, he openly supported the
people arrested for expressing dissent views, including Professor Yang Shaozheng in
Guizhou, Hunan teacher Li Tiantian whom the local authorities branded “mentally ill”, and
fellow rights lawyer Qin Yongpei in Guangxi.
On 11 January 2022, Xie Yang was again detained allegedly for "inciting subversion of state
power”. He was formally arrested in February. He has not been seen by his family or lawyer
by far.
Among all human rights lawyers released from the 709 Crackdown, Xie Yang is the first to
be detained again for "inciting subversion". He is currently detained in the First Changsha
City Detention Centre.
Mr. Qin Yongpei, 53, is a lawyer from Guangxi. Mr. Qin has been
practicing law for more than a decade. Long-time advocate for human
rights, he hired a number of local human rights lawyers in the law firm he
set up. His law firm assisted his fellow lawyers under suppression and
provided legal services to disadvantaged groups. He represented numerous
rights cases including those on unlawful administrative detentions,
industrial pollution, wrongful convictions, and forced demolition and eviction. Qin
subsequently became the target of suppression.
In May 2018, his practising licence was revoked. He was later forced to close the law firm
he founded. Thereafter, together with other disbarred lawyers, he formed an informal China
Disbarred Lawyers’ Group to continue providing legal consultation to the public. Qin again
became the authorities’ target of suppression when he reported online cases of corruption
and malfeasances involving local officials.
Qin was taken away in October 2019 and charged with "inciting subversion of state power"
for criticizing the government on social media platforms including Weibo and Twitter. He
was detained for almost 7 months before being allowed to meet his lawyer. He was indicted
in June 2020 and tried on 31 December 2021 for "inciting subversion of state power", a
charge he steadfastly denied.
Qin has been detained for 2 years and 8 months with no adjudication by far. He is currently
detained in the Second Detention Centre of the Guangxi Autonomous Region.
(Fengsuo invites the Families of the Awardees)
We regret that both Mr. Xie Yang and Mr. Qin Yongpei are currently in detention, and
neither can join us here to share the honour and pleasure they most deserve. Today Xie and
Qin are represented by their spouses, respectively Ms. Chen Guijiu and Ms. Deng Xiaoyun,
in accepting the award. May we first welcome Ms. Chen, wife of Mr. Xie Yang.
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(Closing Remarks by Fengsuo)
Thank you Guiqiu, thank you Xiaoyun. We look forward to seeing lawyer Xie Yang and
lawyer Qing Yongpei again soon.
In this severe political environment, the undying hearts of the people are the strongest
weapons of the powerless. History has repeatedly shown us that dictatorship would not last
as it could never survive the scrutiny and resistance of the people. I believe every single
endeavour we have made and are making will embark on the path to change. Let us stay
united and resolute. Thank you.
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