中共政權製造的裂痕，只有無視人權與尊嚴
原文刊登於2023年4月21日思想坦克 ，Read English below
穀雨來臨之夜，閃電與大雨不斷落下台灣。溼透了的夜晚，網路社群熱議的是龍應台作為一位所謂「文化界」人士，在《紐約時報》發表一篇近乎溫情對待中共北京政權、無視中共為台灣主要威脅來源的文章，龍的一句「北京未開一槍，已給台灣社會帶來裂痕」，引起多少網路群眾憤怒回應。
隔天，北京確實沒有開槍，開了五十多槍的是台北一位土城17歲的「兒童」，他未傷一人還自行投案並記得找律師協助，同樣引發網路社群熱議。但這兩個彈夾所轟出的五十多槍，並不涉及政治、也不涉及兩國（台灣中國一邊一國）議題。跟政治有關的，是國民黨籍警察背景的新北市長侯友宜，發生在轄內治安事件同時，他正在新加坡出訪並對著鏡頭假打手機與演戲。
沒有開槍，卻被失蹤的疑案
這天上午跟兩國議題有關的大事，其實是人在中國疑似被強迫失蹤多時，直到穀雨之日上午因為另一文化界人士貝嶺的臉書發文，社會各界才得知台灣八旗文化總編輯富察（李延賀），原來在三月間赴中國上海探親期間，疑似遭到中國上海警方祕密拘捕，但家屬、出版社與陸委會都極低調面對此事，以致貝嶺撤下原文，並重新發文表示尊重家屬：「在他（富察）仍有著某種安全的情形下，先低調，尋求一切私下的努力，讓他能夠自由、返回台灣。」
對人權工作者而言，一位經常出版一秒惹怒中共政權書籍的總編輯，或者任何中共想出手的人，在中國無端疑似被強迫失蹤，並讓家屬與當事人母國官方承受莫大的壓力，已非第一次，此等不講正當法律程序與國際人權法的政權，比誰開槍、誰不開槍、誰又在耍猴戲，都還要來得嚴重，因為這起涉及侵害人權強迫失蹤案件，或可說再次印證中共暴政的本質。
台灣公民赴中遭扣押者層出不窮
就以曾在中國出事並引發社會關注的台灣公民來說，2012年6月赴中國探親卻被官方關押兩個多月的法輪功學員鍾鼎邦事件，可說是相關人權案件的第一次各界救援行動。五年後2017年3月19日，試圖從澳門進入中國的台灣公民李明哲，僅因為在台灣上網行使言論自由並關注中國人權情況，就被中共政權強迫失蹤，在經過妻子李凈瑜與台灣公民社會毫不懈怠地發起各種國際救援後，直到2022年4月間才平安返台。
李明哲事件兩年後，2019年正值香港反送中運動，途經香港試圖入境深圳進行商務行動的李孟居，因為被中國海關人員搜出「香港加油」與聲援當時長榮航空罷工的小卡片，而遭到強迫失蹤，至今仍無法平安返台，李孟居的家屬曾透過台灣人權促進會代為轉發聲明，呼籲「希望人權團體和國際社會可以關注他的狀況，也盼中國當局能讓李孟居和李明哲一樣，盡快回台。」
不僅上述被高度關注的台灣公民，更有許多各國各類人士曾在中共政權下失去自由與被任意剝奪人權，2021年兩位在中國被關押的加拿大公民，就被當作政治人質，用來交換中國華為高層孟晚舟的釋放與返國，兩位加拿大公民才得以被中共釋放。
應以APEC為框架在亞太地區建立區域人權機制
除此之外，筆者曾在倡議以APEC為框架在亞太地區建立區域人權機制時，根據各種公開資訊整理並公佈在中國曾被強迫失蹤與被侵害人權的名單至少有402名跨境個案，包括台灣、香港、美國、加拿大、瑞士、日本各國需要被救援的名單，這裡面包括商人、留學生、學者、外交官、銀行員、一般的他國公民。
如果亞太區域沒有人權保障機制，當經貿活動與相關人士也遭到侵害人權體制的壓迫與衝擊時，人權受害者就會求助無門，相反的，當亞太地區也像歐洲一樣建立起一套區域人權保障機制之後，各種跨境的人權議題，就都可以有一套人權救濟與處理人權爭議的機制可以作為依歸。但擁有跨國人權機制的亞太地區，這一天不知何時才會到來。
才剛浮上檯面且狀況未明的八旗富察總編輯赴中下落不明事件，不論實況如何，都指向中共政權在這個案的相關程序都不符合正常民主體制國家，且完全不符合一般國際人權法所保障的情況，因此仍需要台灣政府、公民社會、以及各界在尊重家屬意願的情況下，持續關注，直到可以確切知道富察總編輯平安回家的一天。
不該檢討被害者，惡行全來自中共
日前曾接到一通語重心長的諮詢電話問：「之前我曾在某電商買過惡搞中共政權的商品，但最近我被公司外派去中國出差，這樣會有問題嗎？」我只能回說：「沒有人知道不講程序保障不談人權的中共政權，他的紅線會畫在哪裡，說完全沒有風險是不可能的，但如果必須前往，就要想辦法做好相關赴中措施，並將風險降到最低，保護自己最重要。」
只要中共政權持續如此，任何人只要進入中共政權可控的範圍，包括與中共友好或有與中共簽引渡條例的國家，都有可能面臨相關的風險。因此進行相關風險評語與事前準備，絕對是必要。重點是，一旦發生人權案件，我們最不該做的事情，是去質疑受害者，或者批判家屬的應對方式，我們唯一必須做的，就是所有人與各國政府，必須嚴厲譴責中共違反人權的暴行！
作者為台灣人權促進會秘書長
The CCP Regime’s Disregard for Human Rights and Dignity is Dividing Taiwan Society
It was a spring night, when lightning struck and rain poured down on Taiwan. On such a drenched night, the Internet community was hotly discussing that Lung Ying-tai, as a so-called "cultural figure", published an article in the New York Times treating Beijing in an almost benevolent way, ignoring that CCP is the main source of threat to Taiwan. In the article, Lung's words of "China already is inflicting on Taiwan without a single shot having been fired", has led to furious responses among netizens.
The next day, Beijing did not shoot. The one who fired more than 50 shots, was a 17-year-old "child" in Tucheng, Taipei. He did not injure anyone. Instead, he turned himself in, and seeked help from a lawyer - which sparked heated discussions in the Internet community. The more than 50 shots fired from these two magazines did not involve politics, nor did they involve the issues of the two countries (there is one country on each side of Taiwan and China). The political significance of this event was that Hou Youyi, the KMT-affiliate former-police mayor of New Taipei City, was visiting Singapore at the time. He put on a play in front of the camera by “phoning” the Chief Police officer to order a crackdown on guns and gangs.
Without a shot being fired, there is suspect case of missing
On the same morning, there was a two-country-related breaking news: someone was suspected of being forcibly disappeared in China for a long time. It was not until another cultural figure, Bei Ling, posted about the issue on Facebook, society learned that Gusa Publishing’s Editor-in-Chief Fucha (Li Yanhe), could be secretly arrested by the Shanghai police in March - when he was visiting relatives in China. However, his family, the publishing house and the Mainland Affairs Council all dealt with the matter in a very low-key manner, so that Belling withdrew the original article, and re-posted to express respect for the family: "As long as he (Fucha) still has some forms of safety, let's keep a low profile and seek all efforts in private, so that he can return to Taiwan freely."
For human rights workers, it is not the first time that an Editor-in-Chief who often publishes books that provoke the CCP regime, or anyone who the CCP wants to crack down on, is suspected of being forcibly disappeared in China for no reason, putting their family and their country’s official concerned under great pressure. It is no news that such a regime disrespect legal processes and international human rights laws. The gravity of the situation here, way exceeds “who shoots, who does not shoot, and who is putting on a show”. It involves human rights violations and involuntary missing of people, which once again confirmed the nature of the CCP’s tyranny.
Again and again, Taiwanese citizens detained by China
In terms of Taiwan citizens who had accidents in China and attracted public attention, the incident of Falun Gong practitioner Zhong Dingbang, who went to China to visit his relatives in June 2012 but was detained by the authorities for more than two months, can be said to be the first rescue operation for this kind of human rights cases. Five years later, on March 19, 2017, Li Mingzhe, a Taiwanese citizen who tried to enter China from Macau, was disappeared by the CCP regime simply because he was exercising freedom of speech online in Taiwan and caring about human rights in China. After tirelessly launching various international rescue efforts, he did not return to Taiwan safely until April 2022.
Two years after the Li Mingzhe incident, in 2019, during the anti-extradition movement in Hong Kong, Li Mengju, who was passing through Hong Kong and tried to enter Shenzhen for business operations, was arrested because Chinese customs officers found "Hong Kong Add Oil"（香港加油）and a small card supporting the EVA Air strike at that time. Li Mengju’s family has forwarded a statement through the Taiwan Association for Human Rights, call on “hope that human rights groups and the international community can pay attention to his situation, and hope Chinese authorities will allow Li Mengju to be like Li Mingzhe, to go back to Taiwan as soon as possible.”
Apart from the aforementioned highly concerned Taiwanese citizens, people from various countries have lost their freedom and been arbitrarily deprived of their human rights under the CCP regime. In 2021, two Canadian citizens imprisoned in China were taken as political hostages. In exchange for the release and return of Huawei executive Meng Wanzhou, the two Canadian citizens were released by the CCP.
Under the framework of APEC, an Asia-Pacific regional human rights mechanism should be established
When I advocated the establishment of a regional human rights mechanism in the Asia-Pacific region under the framework of APEC, based on various public information, I published a list with at least 402 cross-border cases of enforced disappearance and human rights violations in China, including to-be-rescued lists of Taiwan, Hong Kong, the United States, Canada, Switzerland, and Japan citizens. Those on the list were businessmen, overseas students, scholars, diplomats, bankers, and ordinary citizens of other countries.
If there is no human rights protection mechanism in the Asia-Pacific region, when economic and trading activities and people related are oppressed and impacted by the systematic violation of human rights, victims will have nowhere to turn. If the Asia-Pacific region establishes a set of regional human rights protection mechanisms, just like what Europe did, all kinds of cross-border human rights issues would have a system for human rights relief and settlement of relevant disputes as a reliance. An Asia-Pacific region with transnational human rights mechanisms - it seems like a distant future.
The case of Gusa Publishing Editor-in-Chief Fucha’s disappearance in China - which has just surfaced and whose status is unknown - no matter what the actual situation is, points to the fact that CCP’s procedure in dealing with this case, is nowhere in line with democratic countries, and is in no way consistent with international human right laws. Therefore, the Taiwanese government, civil society, and all walks of life should pay close attention to the situation while respecting the family members’ will, until it is known for sure that the Editor-in-Chief will return home safely.
Blame not the victim, but the CCP’s evil deeds
A few days ago, I received an earnest consultation call asking: "I bought products spoofing the CCP regime from an e-commerce company, but recently I was sent by my company to China on business. Will there be any problem?" I can only reply : "No one knows where the red line will be drawn for the CCP regime - they don’t care about procedural guarantees and human rights. I can’t say that there is no risk at all, but if you have to go, you have to consider taking risk-minimizing measures. After all, the most important thing is to protect yourself.”
As long as the CCP regime keeps on acting this way, anyone who enters areas under the control of the CCP regime, including its friendly nations and countries that signed extradition regulations with it, will be exposed to risk. Therefore, it is absolutely necessary to evaluate risk and be well prepared in advance. The point is that when a human rights case occurs, the last thing we should do is to question the victim, or criticize the coping style of their family members. The only thing we must do, is that everyone and the governments of all countries must severely condemn the CCP’s human-rights-violating atrocities!
Authored by Shih Yi-hsiang, the Secretary General of Taiwan Association for Human Rights
Translation by G
