Yu Wensheng (Chinese: 余文生; pinyin: Yú Wénshēng, born November 11, 1967) is a Chinese human rights lawyer based in Beijing. He is known for criticizing the Chinese Communist Party and taking up politically sensitive cases against the government.[2][3] In 2019, he was secretly tried and imprisoned on a four-year sentence before being released in 2022. In April 2023, he and his wife were taken into custody and then transferred to Suzhou Detention Centre in 2024. In October 2024, he and his wife were sentenced to three years and one year and nine months in prison, respectively.
Yu Wensheng | |
|---|---|
余文生 | |
| Nationality | Chinese |
| Occupation | Human rights lawyer |
| Spouse | Xu Yan[1] |
| Children | 1 |
Arrests and imprisonment
editIn 2014, Yu was detained due to his vocal support for Hong Kong's yellow umbrella movement.[4] In 2017, Chinese judicial authorities refused to pass Yu's annual bar license review, which led to Yu's forced resignation from the Beijing Daoheng Law Firm. This inhibited Yu's ability to practice law as one must be employed by an established law firm. Yu then sought to establish his own law firm, whose application for registration was denied in January 2018. Subsequently, Yu's legal license was revoked on account of his not being employed by any law firm for six months.[5]
On 18 January 2018, Yu published an open letter calling for reforms such as the holding of fair elections, advocating for an oversight system of the Chinese Communist Party, etc. The next day, Yu was arrested by over ten people, including a Swat team, while walking his 13 year-old son to school on suspicion of "picking quarrels and provoking troubles".[5][6][3] Shanghai-based news website The Paper reported on 23 January 2018 that Yu had assaulted two police officers and resisted arrest. The report was widely circulated on news portals and social media in China. Yu's family and friends said that it was an effort to discredit Yu.[7]
Yu was afterwards detained for a period of more than two years, during which he was barred from meeting his family and lawyers. In April 2019, the United Nations Working Group on Arbitrary Detention issued a statement calling for Yu's release.[8][5][9] In 2021 Yu's wife, Xu Yan, commented that Yu's "proposal to amend the constitution and promote a reform in the political system [in China] was the main reason for his arrest [...] Now, human rights defenders don't dare to speak up any longer."[10]
2019: Four-year sentence
editIn May 2019, Yu was secretly tried without the knowledge of his family. He was secretly sentenced on the charge of "inciting subversion of state power" in June 2020. The Xuzhou city intermediate people's court furthermore deprived Yu of his political rights for a period of three years, during which he would be barred from taking public positions, speaking publicly and publishing.[8][11]
Yu then appealed his sentence, which was rejected by the Jiangsu Provincial People's High Court. According to Hong Kong news media RTHK, The People's High Court ruled on the grounds that Yu had "spread rumors and attempted to subvert state power by trying to overthrow the country's socialist regime".[12]
In response to Yu's sentence, Nicholas Bequelin, director of Amnesty International's Asia-Pacific, commented that Yu's sentencing is “nothing but political persecution dressed up as legal process [...] The secret sentencing of yet another human rights lawyer marks a new low for what is left of the rule of law in China".[8]
On January 19, 2020, the European Union denounced the court's decision and called for Yu's immediate release.[13] Yu was released from prison on March 1, 2022.[14]
2023: Continued detention
editOn April 13, 2023, while en route to attending a meeting with the EU delegation to China in Beijing, Yu and his wife Xu were taken into police custody. They were later charged with "picking quarrels" and "inciting subversion of state power". Their son, who had turned 18 before their detention, lived under public security surveillance since, and suffered from medication overdose in November 2023. In January 2024, Yu and Xu were transferred to the 1000 km-away Suzhou Detention Centre. [14][15]
2024: Three-year sentence
editOn October 29, 2024, the People's Republic of China's (PRC) courts sentenced Yu and his wife to three years and one year and nine months in prison, respectively, for "inciting subversion of state power."[16]
Awards
editThe Franco-German Prize for Human Rights and the Rule of Law
editWhile in detention, Yu won the Franco-German Prize for Human Rights and the Rule of Law for 2018, which was granted by the French and German ambassadors to Beijing and received by Yu's wife, Xu Yan, on Yu's behalf.[17][18] The award was granted by French and German ambassadors to Beijing.[19]
The Martin Ennals Award
edit
On 11 February 2021, Yu won the Martin Ennals Award for his work to defend human rights in China despite many obstacles.[20][21] Philippe Currat, president of the board of the Martin Ennals Foundation that administers the award, said: "On the eve of the Chinese New Year, we hope this recognition of Yu Wensheng's work will shine a light on his achievements and help him regain the freedom he has lost”.[21]
Phil Lynch, executive director of the International Service for Human Rights, said the award demonstrated that "unjustly imprisoning Yu [...] will not go ignored".[21]
2022 Grant in Memory of Anna Dahlbäck
editOn September 9, 2022, Yu was given the "2022 Grant in Memory of Anna Dahlbäck" by the Swedish Foundation of Anna Dahlbäck Memorial Fund. Yu's award by the Foundation was supported by Amnesty International, Swedish NGO Diakonia, the United Nations High Commissioner for Refugees, the Red Cross, the Swedish Bar Association, among others.[22]
References
edit- ^ "Jailed Chinese human rights lawyer in poor health, says wife". South China Morning Post. 19 January 2021. Retrieved 19 January 2021.
- ^ "YU WENSHENG SENTENCED". Front Line Defenders. Retrieved 19 December 2020.
- ^ a b "Yu Wensheng: China human rights lawyer arrested on school run". BBC News. 19 January 2018. Retrieved 9 February 2021.
- ^ "Yu Wensheng". Lawyers for Lawyers. Retrieved 19 December 2020.
- ^ a b c Steinerte, Elina; et al. "Mandates of the Working Group on Arbitrary Detention; the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression; and the Special Rapporteur on the situation of human rights defenders". United Nations Human Rights. Retrieved 21 December 2020.
- ^ Phillips, Tom. "Outspoken Chinese human rights lawyer Yu Wensheng held by police". The Guardian. Retrieved 16 January 2021.
- ^ "China: Human rights lawyer unjustly jailed after secret trial must be released". Amnesty International. 17 June 2020. Retrieved 17 January 2021.
- ^ a b c Yu, Verna (18 Jun 2020). "Chinese human rights lawyer jailed for four years, says his wife". The Guardian. Retrieved 16 January 2021.
- ^ "The Case of Yu Wensheng – a Timeline of UN Action" (PDF). International Service for Human Rights. Retrieved 1 March 2021.
- ^ Hall, Amy (12 Feb 2021). "Jailed Chinese lawyer and pro-democracy activist Yu Wensheng wins major human rights award". SBS World News. Retrieved 25 February 2021.
- ^ Feng, Yibing. "China Rights Lawyer Sentenced to 4 Years Following Secret Trial". Voice of America. Retrieved 31 January 2021.
- ^ "Court upholds ruling on rights lawyer Yu Wensheng". RTHK. Retrieved 31 January 2021.
- ^ GEHRKE, LAURENZ. "EU slams China for jailing human rights lawyer". POLITICO. Retrieved 30 January 2021.
- ^ a b "China: Immediately Release Human Rights Lawyer Yu Wensheng and Activist Xu Yan". Freedom House. Retrieved 15 April 2024.
- ^ "China: Activists approaching one year in detention: Yu Wensheng and Xu Yan". Amnesty International. Retrieved 15 April 2024.
- ^ "On the Sentencing of Human Rights Defenders Yu Wensheng and Xu Yan". United States Department of State. Retrieved 2024-11-01.
- ^ "Detained Chinese lawyer Yu Wensheng wins Franco-German human rights award". The Straits Times. 15 Jan 2019. Retrieved 25 February 2021.
- ^ "Human rights – Franco-German Prize for Human Rights and the Rule of Law (21 November 2018)". France Diplomacy. Retrieved 25 February 2021.
- ^ "Detained Chinese lawyer wins Franco-German human rights award". France24. Retrieved 15 April 2024.
- ^ "Jailed Chinese lawyer Yu Wensheng wins top human rights prize". The Straits Times. 12 Feb 2021. Retrieved 25 February 2021.
- ^ a b c Nebehay, Stephanie (11 February 2021). "Jailed Chinese lawyer Yu Wensheng wins human rights award". Reuters. Retrieved 23 February 2021.
- ^ Pengrattana, Kanlayakorn. "Chinese rights lawyer awarded with Swedish Human Rights prize". ScandAsia. Retrieved 15 April 2024.