人權法律基金會緊急呼籲釋放鐘鼎邦(英中對照)
 
——URGENT APPEAL FOR THE RELEASE OF CHUNG TING-PANG
 
人權法律基金會
 
2012-7-3
 
【人民報消息】"Injustice anywhere is a threat to justice everywhere."
(Martin Luther King, Jr. Letter From A Birmingham Jail, April 16, 1963)

任何一地的不公義,是對世上一切正義的威脅

──馬丁路德博士1963年4月16日發自伯明翰監獄的信


URGENT APPEAL
FOR THE
RELEASE OF CHUNG TING-PANG
人權法律基金會緊急呼籲釋放鍾鼎邦
June 29, 2012
2012年6月29日

The Human Rights Law Foundation is calling upon Chinese authorities to release Chung Ting-Pang, a Taiwanese citizen and Falun Gong practitioner detained while visiting his family in Mainland China. Chung Ting-Pang is under investigation for violations of vague and expansive state security laws that have been routinely abused by Chinese authorities and used to target marginalized groups in China, such as Falun Gong practitioners.
人權法律基金會(The Human Rights Law Foundation)呼籲中共當局釋放赴中國大陸探親被拘留的臺灣公民暨法輪功學員鐘鼎邦。鐘鼎邦被控以中共當局慣常濫用於被特殊對待的目標群體──如法輪功學員,一種定義不清且恣意擴張解釋的國家安全罪名。

Chung Ting-Pang has no hope of receiving a fair or just trial in China and faces serious risk of a lengthy prison term, torture, and other crimes against humanity. China possesses no jurisdiction over the alleged acts, the charges against him are vague, and Chung Ting-Pang has not been afforded an attorney or any basic due process protections. By violating Chung Ting-Pang’s most basic rights in this manner, Chinese authorities cannot claim they are dealing with him in accordance with the law. Finally, as a prisoner of conscience detained solely on the basis of his religious beliefs or for his alleged acts of conscience, Chung Ting-Pang should be released forthwith and permitted to return to his home in Taiwan.
鐘鼎邦在中國毫無可能得到公平或公正的審判,且正面臨漫長刑期、遭受酷刑及其他違反人類罪行的嚴重風險。中共對鐘鼎邦指控的內容,並無司法管轄權。且該等指控模糊不清,中共又剝奪了鐘鼎邦委任律師以及訴訟程序上的基本保障。中共當局已侵害鐘鼎邦最基本的權利,屬違法行事。基於前述,鐘鼎邦純粹因為宗教信仰或其被指控的良心行為,而成為一個被拘留的良心犯。鐘鼎邦應該被立即釋放,並準其返回臺灣的家。

Throughout history, and most notably in the 20th and 21st centuries, tyrannical rulers and their ruling elites have engaged in egregious conduct recognized under commonly shared global values as shocking to the collective conscience of the world community. In the most salient historic cases of “atrocity crimes” or “crimes against conscience,” violence, propaganda, and the law have served as potent social mechanisms to facilitate the regime-sponsored abuse. Hitler, the Hutu, and Slobodan Milosevic are prominent historic cases where rulers or ruling elites perpetrated atrocity crimes against targeted populations through their dehumanization and objectification.
暴虐統治者及其統治核心份子所從事之駭人聽聞行為,被普世公認為系對國際社會集體良知的巨大撼動,這類事跡遍布人類歷史,在20及21世紀更令人側目。在最有名的〝殘暴罪〞或〝違反良心罪〞的歷史案例中,我們一再看到暴力、宣傳和法律成為強有力的工具,讓社會盲從附合施暴的政權。希特勒,胡圖、米羅塞維奇是其中最突出的案例,這些統治者或其統治核心份子以反人類的以及目的性的手段,對特定人群犯下殘暴的罪行。

Equally salient are the stories of men and women who have risked safety and liberty to speak out and expose the lies and deceit that undergird atrocity crimes, to defend members of marginalized groups, and in exceptional circumstances sidestep their allegiance to the laws of the ruling regime. The Freedom Riders, the Abolitionists, and the supporters of Mahatma Ghandi, Dr. Martin Luther King, Jr., and Ang San Suu Kyi serve as examples of those who have deliberately challenged “crimes against conscience” based on higher jus cogens norms that are binding on all nations and persons.
與此同時,英雄兒女所成就的事跡也燦爛輝煌。他們冒著失去安全與自由的風險,發言揭露、曝光殘暴罪行、謊言和騙局,為被壓迫、被邊緣化群體抗辯,甚至不惜抵觸當權者的法律。例如,自由騎士(The Freedom Riders)、廢奴主義者、印度〝聖雄〞甘地、馬丁路德博士以及昂山素季等。他們根據所有國度及人類共同服膺的最高律則,意志堅定地對抗違反良心的罪行。

China is no exception. The Chinese Communist Party adopted Stalin’s prescription of violence, deceit, and law as the pillars on which the Party must rely to secure and maintain its power. Propaganda has been recognized as playing an essential role in conditioning Chinese minds and gaining uncritical acceptance of the Party’s statements as the sole authority for values and information. To apply violence, Mao directed that a campaign of killing and terror be executed every five to seven years against a selected group to intimidate China’s citizens into nonresistance. This was accompanied by deceitful propaganda that demonized the victims as subhuman, socially dangerous threats to the security and stability of the Chinese Communist State to promote and permit the violent acts, as well as by the passage of laws created to justify and legitimize the otherwise unlawful arrest of members of selected groups or anyone else who appears to threaten the hegemony of hardline party rulers and their ruling elite.
中國也不例外。中國共產黨以史達林發展的暴力、欺騙和法律手段為支柱,竊得並維護其政權。眾所周知,宣傳工具在共產黨控制民眾思想,使民眾無異議地將共產黨的陳述當作社會價值與訊息來源唯一的權威這件事情上面,扮演至關重要的角色。倚仗暴力,毛澤東曾指示,必須對選定的群體每5至7年發動一次屠殺和恐怖的運動,以威嚇中國人民不敢抗拒。隨後,以欺騙的宣傳將受害者妖魔化,把他們汙衊為低下的人類,且指控這些人對中國這個共產主義國家的安穩有危險的威脅,以倡議並為中共的暴行開路。同時也通過立法手段,企圖將逮捕特定群體或其他對其極權統治階層有異見者之非法行為,予以合理化及合法化。

China and the Asian continent more broadly have also produced men and women willing to sacrifice their liberty, their careers, and their well-being to challenge the perpetuation of atrocity crimes in their native lands, including the “atrocity crime” laws used to enforce and permit the perpetration of these crimes. Such men and women include Gao Zhisheng and other Weiquan movement lawyers and activists in China. Despite the risk of being subjected to unlawful arrest and detention, Gao and his colleagues have exposed the lies and deceit promulgated by hardline members of the Chinese Communist Party, while challenging the Party’s use of legal sanctions to facilitate atrocity crimes, sanctions that rely especially on vague and overbroad state security laws geared to silence and punish anyone whose words or acts appear to challenge the hegemony of the Communist Party state.
中國和亞洲大陸已有越來越多的英雄兒女願意犧牲自己的自由、事業和福祉,去挑戰在他們國土根深蒂固的殘暴罪行,包括用以執行和容許施行這些〝殘暴罪行〞的法律。這些英雄兒女,包括高智晟、其他維權律師以及在中國的異議人士。不顧受到非法逮捕和拘留的危險,高智晟和他的同僚們已經揭露了中國共產黨強硬派成員的謊言和所頒布的騙局。他們指出共產黨利用法律手段所進行的殘酷暴行,以及這些暴行所依賴的是模糊的與被擴張解釋的國家安全法,目的是去壓制和懲罰所有挑戰中共極權統治的言行。

Equally noteworthy are the many independent minded journalists, courageous Tibetans and Falun Gong practitioners in China, Tibet, and Taiwan who have exposed the lies and deceit that undergird and permit the indiscriminate murder, torture, and rape of persons targeted for persecution or eradication in China. While some have sent information abroad to ensure that foreign government and their leaders understand the unconscionable nature of the crimes and the toll of suffering the Party’s atrocities have inflicted upon them, others have exposed the Party’s lies and deceit to the Chinese people. Some, in an effort to prevent the occurrence of atrocity crimes in China, have even used signal-interrupting devices to broadcast material on the CCP-controlled television system to expose the lies and deceit that undergird atrocity crimes, defend members of marginalized group and, like Ang San Suu Kyi and her counterparts in history, challenge these crimes based on a higher law.
同樣值得注意的是很多具有正義感的記者、有勇氣的西藏人及在中國、西藏及臺灣的法輪功學員,已經揭穿了中共為了迫害特定群體或將他們從中國完全滅絕,不分青紅皂白的進行屠殺、酷刑與性侵害的暴行其背後所使用的謊言與欺騙手段。這些正義之士或將訊息傳到國外,使外國政府及其元首了解這場泯滅良知的迫害以及痛苦地遭受殘害的群體;或努力地向中國民眾揭露中共的謊言與欺騙手段。其中有一些人,為了阻止殘酷暴行發生在中國,在中共控制的電視系統上使用中斷信號的儀器,插播了揭穿中共謊言與欺騙的節目。這樣的行為,正如昂山素季及其歷史上的同道者,都是基於更高的無上律則,來挑戰暴行。

According to recent reports from China, Chung Ting-Pang, a Taiwanese citizen and Falun Gong practitioner who was picked up at the Ganzhou airport while on his way back home to Taiwan after visiting his family in Mainland China, is now under investigation for suspected criminal activities endangering national and public security through his use of signal-interrupting devices. Because the Chinese authorities operate in secret and Chung Ting-Pang has been afforded no due process, it is impossible to know whether the claims against him are based in fact. If the reports are credible, Chung Ting-Pang is among the courageous few who have deliberately challenged the perpetration of “crimes against conscience” in China based on higher jus cogens norms that prohibit atrocity crimes and which are binding on all nations and persons.
根據最近中國的報導,臺灣居民也是法輪功學員鐘鼎邦到中國探親返臺途中在贛州機場被中共帶走,現正以涉嫌用信號中斷設備危害中國國家與公共安全為由被中共拘押、調查5。由於中國當局秘密逮捕鐘鼎邦,完全不符法定程序,外界無從得知中共聲稱之逮捕理由是否屬實。如果中國的新聞報導內容為真,那麼鐘鼎邦就是一位基於所有國度及人類共同服膺的至高無上律則,憑著良心,意志堅定地對抗在中國這塊土地上發生的〝違反良心罪行〞的勇者之一。

Regardless of the credibility of the aforementioned reports, a few facts are clear.
不管中共前述新聞報導的真實性如何,下列事實是清楚明白的:

First, China lacks jurisdiction over acts carried out abroad. China might recall its own invocation of sovereign immunity principles to deter foreign courts and countries from investigating or litigating alleged crimes carried out by Chinese authorities.
第一、中國對境外行為並無司法管轄權。中共可以回想自己在管轄豁免上的主張。中共曾一再以此為由阻止外國及外國法院調查或起訴由中共當局所主導的罪行。

Second, Chung Ting-Pang’s arrest and detention, based on allegations that he endangered the national security of China, are further examples of how Chinese authorities use vague and overbroad laws to punish members of persecuted groups.
第二、鐘鼎邦被逮捕與拘禁的理由是所謂的危害中國國家安全。此舉再一次證明中共當局模糊黨、國概念,擴張解釋法律,並以此來對付受迫害群體。

Third, as a member of a persecuted group in China, Chung Ting-Pang will be subjected to a sham trial and a lengthy prison term.
第三、身為在中國受迫害群體(法輪功)的一員,鐘鼎邦將遭受中共的偽審判且將面臨漫長的刑度6。

Fourth, as a prisoner of conscience detained solely on the basis of his religious beliefs or for acts of conscience, Chung Ting-Pang should be released forthwith and permitted to return to his home in Taiwan.
第四、作為一個僅因宗教信仰或良知行為而被拘禁的良心犯而言,鐘鼎邦應該立即被釋放並讓他返臺回家。

 
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