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2015-08-13

全国残障平权倡导者联署要求立即释放王宇等被拘律师

自7月9日“黑色星期五”以来,全国至少有261名律师、律所人员等被刑拘、约谈或短期限制人身自由,且,数据还在增加当中。更加令人担忧的是,在15位被采取刑事强制措施的律师及其助理中,目前仅有1位被允许与律师会见,其他14名律师均与外界完全隔绝,秘密羁押最长的已达24天,这其中就包括曾代理过“北京残障就业歧视第一案”的王宇律师。

近年来,残障群体取得了很多倡导成果:全国多地建立岗位预留制度,面向残疾人定向招录;很多城市开始落实“优惠乘车政策”;视障群体开始参加普通高考,并被录取;原本障碍重重的银行等公共部门也开始改善无障碍设施和服务等等……这些改变都与残障社群与法律人的共同努力分不开,也正是因为这种对“依法治国”、“依法行政”的响应,残障群体才从一直以来“被慈善”、“被爱心”的客体,变成行使平等权利的主体,我们才有可能赢得社会真正的尊重。

这次被抓捕的公益法律人一直都是我们残障群体的重要同盟,而现在他们的法定权利正受到侵害,我们没有理由保持沉默!现在,我们邀请大家签署并转发这条信息,即使我们的声音不足以撼动结果,但律师们一定会听得到,并一定会从中得到更多坚持的理由!

我们强烈呼吁:
有关部门立即无条件释放所有被拘律师及其他相关人士;
有关部门确保被拘律师享有依刑事诉讼法规定的所有权利,包括但不限于立即通知被拘人士的家属,并允许与律师会见;
有关媒体停止在未经法院判决的前提下对律师的污名化报道。 ​


[联名信全文如下]


中华人民共和国公安部:

我们是一群来自全国不同省市的残障平权倡导者,长久以来关注并倡导公民平等权利。

我们惊闻,曾经代理过“残障就业歧视第一案”的王宇律师,在2015年7月9日凌晨四点左右被大约20名警察从住处带走。与王宇一同被警方带走的,还有本要离京去国外的丈夫包龙军、16岁儿子包蒙蒙。自此,外界就再也无法获取有关王宇律师的任何消息。家属至今未收到《刑事拘留通知书》,指控罪名及羁押地点未知,辩护律师无法介入。而王宇之子包蒙蒙,至今已被警方传唤四次,几近崩溃。包蒙蒙被警方警告:不得参与父母被抓之事,不得为父母聘请律师,不会归还护照及钥匙。王宇父母处于警方监控之中。

我们还了解到,截至2015年7月29日17时,全国至少有261名律师、律所人员等被刑拘、约谈或短期限制人身自由,且,数据还在增加当中。更加令人担忧的是,15名被采取刑事强制措施的律师及其助理中,目前仅有1名被允许与律师会见,其他14名律师均与外界完全隔绝,秘密羁押最长的已达21天。

我们虽然不是专业的法律人和媒体人,但我们至少明白三点:一,《刑事诉讼法》规定得非常清楚,除法院之外,再无其他任何国家权力机关可以宣告一个公民有罪;二,央视及其他官媒没有权力在法院判决之前将案件定性通报;三,《宪法》规定,公民享有言论自由及对国家机关工作人员提出批评、建议的权利。

从我们的朋友处得知,上述被拘律师曾代理大量人权案件,在保障公民基本权利、推进依法治国方面做了大量工作。王宇律师就曾代理“北京残障就业歧视第一案”,为残障人士争取平等就业权。

这个案件的当事人是来自天津的视障人士刘明(化名)。2012年8月,刘明参加北京电视台的某真实职场节目,与北京中网在线达成岗位为“专门录音的后期制作”、月薪为4500元的约定。节目录制后,刘明的岗位被调整为“视频后期制作”,试用期工资为2500元。试用期内,公司以“现在没有适合你的岗位,你的眼睛没法完成考核和绩效”为由将刘明辞退。

正在刘明失去工作的时候,通过朋友介绍认识了王宇律师。在王宇律师的热心帮助之下,刘明将中网在线诉至法庭,要求其按照《就业促进法》及《残疾人就业条例》保障其平等就业权。一审法院判决刘明败诉后,王宇律师认为“原审判决认定事实不清、证据不足,适用法律错误,且程序严重违法”,因此又为刘明代理了二审。

另外,王宇律师还曾多次在媒体上为残障人士发声:“以包容、平等的态度对待视障人士就业,为视障人士提供合理便利,让视障人士的才能得以施展,这不仅对视障人士平等就业具有积极意义,而且还有利于全社会消除对视障人士的歧视。”

律师是法治的力量,是伸张公民正义的力量。律师权益无保障,百姓权益便成空。我们有义务在这里呼吁全社会都为律师安全的保障和律师自身的权利来呼吁。在此,我们强烈呼吁:
有关部门立即无条件释放所有被拘律师及其他相关人士;
有关部门确保被拘律师享有依刑事诉讼法规定的所有权利,包括但不限于立即通知被拘人士的家属,并允许与律师会见;
有关媒体停止在未经法院判决的前提下对律师的污名化报道。

来自全国的残障权利倡导者
2015年8月2日

【相关链接】:
《新京报》:“北京残障就业歧视第一案”昨日开庭(2013-09-04)
                     http://www.bjnews.com.cn/news/2013/09/04/281768.html
《财新网》:中网在线涉就业歧视被起诉(2013-05-13)
                     http://china.caixin.com/2013-05-13/100527355.html

Chinese disability advocates call for petition!
Release Wang Yu and other human rights lawyers at once!

Hi, everyone!

Since Black Friday (July 9, 2015), there were at least 261 mainland lawyers and legal assistants being prosecuted, interviewed by the PRC Government or faced with restricted freedom. These statistics were just estimates and there may be more mainland lawyers and legal assistants facing these problems. What is worrying is that among the 15 lawyers and legal assistants who are undergoing restraints, only 1 lawyer is permitted to have legal representation; the remaining 14 of them have no access to freedom at all. Some of them even have been detained for at least 24 days, including the First Case of Disability Employment Discrimination in Beijing represented lawyer Wang Yu(王宇).

Despite the hard work in recent years, the disability advocacy group in mainland China has received positive feedback recently. Several examples include the creation of more job opportunities for the disabled and handicapped, the improvement of public and banking facilities in different places and so on. These policy changes benefit the disabled and handicapped group a lot with the coordination between the legal practitioner and policy makers, thereby promoting social harmony, legal stability, social equality, public respect and rule of law.

Nonetheless, these prosecuted individuals are the greatest contributors to the improvements of the disability policies in mainland China. Without them, we cannot benefit all of the improved facilities. Right now, these prosecuted lawyers are now facing criminal sanctions without cause, we cannot keep silent and so we hope that all of you can join us to support these detained lawyers.

Therefore, we strongly encourage:
Related governmental departments should release all the prosecuted lawyers and its related persons;
Related governmental departments should ensure these lawyers have the right to legal representation and contact with their family members;
Related media and public agencies should stop publishing these resources with reliance on related relevant legal authorities and judgements.

The full text of Petition letter follows

Ministry of Public Security,

We are a group of disability rights advocates from different parts of China and we strive to promote social equality.

We have noticed that, Wang Yu, who was the represented lawyer for the First Case of Disability  Employment Discrimination, was prosecuted by 20 police officers at 4am, on 9 July 2015. This also included the prosecution of her husband Bao Longjun (who planned to leave Beijing) and her sixteen-year-old son Bao Mengmeng. From then on, there were no updates about Wang Yu. On the other hand, her son, Bao Mengmeng, had been called by the police for 4 times and he was in emotional distress. Bao had been warned by the police that he could not involve in his parents’ prosecution affairs, including no right to have legal representation, no return of passports and keys. At present, Wang’s parents were monitored by the police in mainland China.

Up until 29 July 2015, we noticed that at least 261 mainland lawyers and legal practitioners were prosecuted, interviewed or faced with restricted freedom across China; and the statistics are growing. What is more surprising is that, among the 15 lawyers and legal assistants who are undergoing restraints, only 1 lawyer is permitted to have legal representation; the remaining 14 of them have no access to freedom at all. Some of them even have been detained for at least 21 days.

Although we are not from the media and the legal profession, we understand that: firstly, the Criminal Procedural Law in PRC states very clearly that, only courts can convict the accused, but not any other governmental departments or agencies; secondly, the CCTV and government officials have no right to report any information about the prosecution of these lawyers and related parties; thirdly, according to the PRC Constitution, all PRC citizens shall have the freedom of speech and have a right to provide suggestions for administrative decisions made by government officials.

Having received the news from our friends, Wang and its related individuals are now involving in many human rights cases in mainland China, such as cases involving public security and equality and cases promoting rule of law. For example, the case represented by Wang aimed to promote human rights and equality among the disabled and handicapped persons.
Liu Ming, visual impairment, who was from Tianjin, was the party to the First Case of Disability  Employment Discrimination. In August 2012, Liu worked in a reality show in Beijing TV Station as a sound team member of the after-production show. Originally, it was agreed that the monthly wage was RMB$4,500. Later, after the show, he was assigned as a post of visual team member of the after-production show and the monthly wage was RMB$2,500 instead. During the probation period, his employer dismissed Liu because he failed his eye test and the company did not have suitable position for him.
While Liu lost his job, he met his lawyer Wang through referral from his friend. Under the help of lawyer Wang, Liu was able to launch proceedings against his employer in court under Employment Promotion Law and Disability Employment Regulations. However, Liu lost his case. Wang, on behalf of Liu, subsequently appealed on the grounds of inadequate and insufficient evidence, thereby leading the judge erred.

In addition, Wang voiced for the disabled group in several occasions by advocating her idea of “use empathy and fair attitude to encourage those visually impaired being employed in the workplace, so as to promote equal employment opportunities and social harmony”.

Lawyers are the underlying pillar for rule of law and global civil justice. If lawyers are not protected, then citizens will not be protected under law. Therefore, we are aware of the event happened to those lawyers promoting human rights and social equality. We now urge for:
Related governmental departments should release all the prosecuted lawyers and its related persons;
Related governmental departments should ensure these lawyers have the right to legal representation and contact with their family members;
Related media and public agencies should stop publishing these resources with reliance on related relevant legal authorities and judgements.



Disability advocates worldwide
August 2,2015


联署地址:https://freeonlinesurveys.com/s/lRMyvCvz