05/01/2024, 06:03

Jimmy Lai was brought to court in Hong Kong three years ago (Photo: Wikimedia Commons)

The international legal team handling the case of jailed media mogul Jimmy Lai, who is on trial in Hong Kong, has made an urgent appeal to the UN Special Rapporteur on torture against one of the prosecution's key witnesses.

Jimmy Lai's lawyers say there is “credible evidence” that Andy Li, a 33-year-old former pro-democracy activist, was tortured in a mainland Chinese prison before pleading guilty to conspiring with Lai to collude with foreign powers. This is one of two national security offenses against which Lai has been charged with public incitement and encouraging the return of Hong Kong to colonial times. Lai pleaded not guilty to all charges.

“Screaming was constantly heard from the cell”

If Jimmy Lai, 76, is convicted, which his supporters and international legal experts say is a foregone conclusion given the environment in which national security cases are heard in Hong Kong, he could spend the rest of his life behind bars.

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Lee was one of 12 Hong Kong activists who were arrested in August 2020 while trying to flee to Taiwan by high-speed boat. He was imprisoned in the southern Chinese city of Shenzhen for seven months for illegally crossing the border. In March 2021, he returned to Hong Kong, where he was charged with conspiring with foreign powers. In August this year, he pleaded guilty to charges naming Lai as a co-conspirator, along with his adviser Mark Simon and activist Finn Law, who now lives in the UK.

Lee is the prosecution's star witness at Lee's high-profile trial and will be sentenced at its conclusion. While imprisoned in China, the Hong Kong Twelve were denied access to lawyers of their choice and there were reports of ill-treatment of prisoners.

According to reports, they were kept in solitary confinement with the light constantly on. In December, the Washington Post reported that Li's treatment in China was considered particularly cruel, and screams could be heard constantly from his cell.

Andy Lee was subjected to torture

A UN independent human rights expert said in 2021 that there were “overwhelming reports” of behavior that “may amount to torture or other cruel, inhuman or degrading treatment” in Chinese prisons.

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Lee is currently being held in a Hong Kong psychiatric facility, which Lai's international legal team said “raises serious concerns.”

Caoilfhionn Gallagher KC, the Irish barrister leading Lai's international legal team, said: “There is credible evidence that Andy Lee was subjected to torture and inhuman and degrading treatment and that his testimony was coerced. However, the prosecution of Jimmy Lai at the show trial . He has made it clear that he is relying on Andy Lee as a key witness… They must now answer to the United Nations. Evidence that is the result of torture and coercion should never be relied upon.”

Jimmy Lai's international legal team is handling the international profile of the case and is not affiliated with his local lawyer representing him in the Hong Kong proceedings. Defense arguments have not yet been considered in court.

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(MAC, 05/01/2024)


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