Detained Hong Kong pro-democracy activist and media entrepreneur Jimmy Lai’s international legal team filed an urgent appeal on Thursday with the United Nations Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The team alleged that the Chinese authorities tortured a key prosecution witness to coerce him into providing incriminating evidence against Jimmy Lai.
Lai’s trial for charges under the National Security Law (NSL), namely conspiracy to sedition, collusion with a foreign country or external elements to endanger national security and conspiracy to collude with foreign countries, began on December 18. Lai is alleged to have persuaded foreign organizations to sanction Chinese and Hong Kong governments and officials. Once his trial began, the Hong Kong government stated that it would be “inappropriate” for any person to comment on the case and “interfere with the judicial proceedings” using political power or media. After Lai’s challenge on limitation was overruled and he pled not guilty, the prosecution started its case on January 2. Lai is already serving a six-year sentence for fraud and a 20-month sentence for his participation in a vigil commemorating the victims of the 1989 Tiananmen Square massacre.
The witness in question is Andy Li, one of twelve fugitives captured at sea by the Chinese coast guard in 2020. Li has been detained by the Chinese authorities since August 2020 and was returned to Hong Kong in March 2021 after he finished serving his sentence for illegal entry into China. Li pled guilty in August 2021 but the court postponed the sentencing hearing until after Jimmy Lai’s trial, meaning Li has awaited sentencing for 28 months now since his plea.
In December 2023, the Washington Post reported on its year-long investigation of the “Hong Kong Twelve” case. The report detailed the possibility of Li being subject to physical abuse and interrogations, quoting people who said that screaming could “consistently” be heard coming from Li’s cell. One person interviewed by the Washington Post stated it was likely Li faced treatment “ten times worse” than the rest.
The legal team also supported their appeal by quoting support from two other reports made by the US State Department and the UN High Commissioner for Human Rights. Caoilfhionn Gallagher KC, the lead lawyer, added that despite credible evidence of torture and coerced testimony:
[the prosecution in Lai’s case] are relying upon Andy Li as a key witness. The Chinese and Hong Kong authorities have so far failed to investigate these concerns, and in any event how could they credibly mark their own homework? They must now answer to the United Nations. Evidence which is the fruit of torture and coercion should never be relied upon.
Earlier, Hong Kong had strongly refuted allegations about lack of due process, stating that cases would “never be handled any differently owing to the profession, political beliefs or background of the persons involved. To suggest otherwise is utter nonsense without regard to objective facts.”
The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment provides that no exceptional circumstances could justify acts of torture. Torture is defined by the Convention as “any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted” on a person for purposes like obtaining information or a confession. The Convention also requires State Parties to take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction. China signed and ratified the Convention in 1986 and 1988 respectively. Hong Kong is also a signatory to the Convention.
