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香港:揭露警方任意逮捕,拘留中野蛮殴打和酷刑折磨

Hong Kong: Arbitrary arrests, brutal beatings and torture in police detention revealed

2019年9月19日

19 September 2019, 17:01 UTC

国际特赦组织一项新的实地调查记录了香港警察部队使用鲁莽和不分青红皂白的战术的惊人模式,包括在抗议时逮捕人,以及拘留期间酷刑和其他虐待的唯一证据。

A new Amnesty International field investigation has documented an alarming pattern of the Hong Kong Police Force deploying reckless and indiscriminate tactics, including while arresting people at protests, as well as exclusive evidence of torture and other ill-treatment in detention.

在采访了近20名被捕者并从律师、卫生工作者和其他人那里收集了确凿的证据和证词之后,该组织要求对侵权行为进行迅速和独立的调查,自6月大规模抗议开始以来,侵权行为的严重程度似乎已经升级。

After interviewing nearly two dozen arrested persons and gathering corroborating evidence and testimonies from lawyers, health workers and others, the organization is demanding a prompt and independent investigation into the violations, which appear to have escalated in severity since the mass protests began in June.

香港警方在街头采取严厉的人群控制措施,向全世界直播。更不为人知的是,警察在视线之外对抗议者滥用职权。

The Hong Kong police’s heavy-handed crowd-control response on the streets has been livestreamed for the world to see. Much less visible is the plethora of police abuses against protesters that take place out of sight.

国际特赦组织东亚主管 Nicholas Bequelin

Nicholas Bequelin, East Asia Director at Amnesty International

「香港警方在街头严厉的人群控制反应已经被直播给全世界看。更不为人所知的是警察在视线之外对抗议者滥用职权,」尼古拉斯·比奎林,国际特赦组织东亚主任说。

“The Hong Kong police’s heavy-handed crowd-control response on the streets has been livestreamed for the world to see. Much less visible is the plethora of police abuses against protesters that take place out of sight,” said Nicholas Bequelin, East Asia Director at Amnesty International.

「证据不容置疑—在明显渴望报复的情况下,香港安全部队在抗议期间对民众采取了令人不安的鲁莽和非法战术。这包括任意逮捕和报复性暴力侵害被拘留者,其中一些相当于酷刑。」

“The evidence leaves little room for doubt – in an apparent thirst for retaliation, Hong Kong’s security forces have engaged in a disturbing pattern of reckless and unlawful tactics against people during the protests. This has included arbitrary arrests and retaliatory violence against arrested persons in custody, some of which has amounted to torture.”

超过1300人在大规模抗议活动中被捕,抗议活动始于允许引渡至中国大陆的拟议立法修正案。虽然绝大多数抗议者都是和平的,但也有暴力事件,随着警察过度使用武力,暴力似乎正在升级。大多数接受国际特赦组织电视台采访的人都要求匿名,因为他们担心在有罪不罚的环境下遭到当局的报复。

More than 1,300 people have been arrested in the context of the mass protests that started over proposed legislative amendments that would have allowed for extradition to mainland China. While the vast majority of protesters have been peaceful, there has been violence, which appears to be escalating alongside excessive use of force by the police. Most people who spoke to Amnesty International requested anonymity, citing fears of reprisals from the authorities amid a climate of impunity.

国际特赦组织对被逮捕者和律师的采访表明,警察暴力最常发生在逮捕前和逮捕期间。在若干案件中,被拘留的抗议者在拘留期间也遭到严重殴打,并遭受相当于酷刑的其他虐待。在许多情况下,这种虐待似乎是对顶嘴或表现出不合作态度的「惩罚」。

Interviews of arrested persons and lawyers by Amnesty International show that police violence most commonly occurred before and during arrest. In several cases, detained protesters have also been severely beaten in custody and suffered other ill-treatment amounting to torture. In multiple instances, the abuse appears to have been meted out as “punishment” for talking back or appearing uncooperative.

今年8月,一名男子在新界抗议活动中被捕后被拘留在警察局,他告诉国际特赦组织记者,在他拒绝回答警察接待问题后,几名警察把他带到了另一个房间。在那里,他们狠狠地殴打他,并威胁说,如果他试图保护自己,就打断他的手。

A man detained at a police station following his arrest at a protest in the New Territories in August told Amnesty International that after he refused to answer a police intake question, several officers took him to another room. There, they beat him severely and threatened to break his hands if he tried to protect himself.

我觉得我的腿被什么东西狠狠地撞了一下。然后一个警察把我翻过来,把膝盖放在我的胸前。我感到骨头里的疼痛,无法呼吸。我试图大喊,但我不能呼吸,不能说话。

I felt my legs hit with something really hard. Then one [officer] flipped me over and put his knees on my chest. I felt the pain in my bones and couldn’t breathe. I tried to shout but I couldn’t breathe and couldn’t talk.

8月,一名男子在新界抗议活动中被捕,随后被拘留在警察局。

A man detained at a police station following his arrest at a protest in the New Territories in August.

「我感觉我的腿被什么东西狠狠地撞了一下。然后一个警察把我翻过来,把膝盖放在我的胸前。我感到骨头里的疼痛,无法呼吸。我试图大喊,但我不能呼吸,不能说话,」他说。

“I felt my legs hit with something really hard. Then one [officer] flipped me over and put his knees on my chest. I felt the pain in my bones and couldn’t breathe. I tried to shout but I couldn’t breathe and couldn’t talk,” he said.

当这名男子被按在地上时,一名警察强行打开他的眼睛,用激光笔对着眼睛问道:「你不喜欢把这个指向别人吗?」 这显然是对一些抗议者在抗议中使用激光笔的报复。这名男子后来因骨折和内出血而住院数天。

As the man was pinned to the ground, a police officer forced open the man’s eye and shined a laser pen into it, asking, “Don’t you like to point this at people?” This was an apparent reprisal for some protesters’ use of laser pens amid the protests. The man was later hospitalized for several days with a bone fracture and internal bleeding.

国际特赦组织采访了另一名男子,他于8月的另一天在深水埗被捕。执行逮捕的警官一再要求他打开手机接受检查;警官对拒绝表示愤怒,威胁要电死这名男子的生殖器。这名男子告诉国际特赦组织,他「害怕」这名警官会坚持到底,「现在的时代太疯狂了,我想一切皆有可能。」

Amnesty International interviewed a different man who was arrested on another day in August in Sham Shui Po. The arresting officer repeatedly asked him to unlock his phone for inspection; angry at the refusals, the officer threatened to electrocute the man’s genitals. The man told Amnesty International he was “scared” the officer might follow through, “as the times are so crazy, I suppose anything is possible.”

在警察局公共休息室被拘留期间,这名男子亲眼目睹警察强迫一名男孩用激光笔照射自己的眼睛约20秒。「他似乎用激光笔在警察局发光,」这名男子回忆说。「他们说,『如果你这么喜欢用笔指着我们,为什么不自己动手呢?』」

While detained in a police station common room, the same man witnessed police officers force a boy to shine a laser pen into his own eye for about 20 seconds. “It seems he used the laser pen to shine at the police station,” the man recalled. “They said, ‘If you like to point the pen at us so much, why don’t you do it to yourself?’

地图显示了2019年7月至9月国际特赦组织记录的与抗议相关的逮捕行动。国际特赦组织 / 数据来源:开放街道地图,HKGISK

Map showing the protest-related arrests Amnesty International documented from July to September 2019. © Amnesty International/Data Source: Open Street Map, HKGISK

国际特赦组织还记录了一个明显的模式,警察在逮捕抗议者时使用不必要和过度的武力,防暴警察和一个特别战术小队(STS),通常被称为「猛禽」,对最严重的暴力负责。几乎所有接受采访的被捕者都说,他们在被捕期间遭到棍棒和拳头的殴打,即使他们没有进行抵抗。

Amnesty International also documented a clear pattern of police officers using unnecessary and excessive force during arrests of protesters, with anti-riot police and a Special Tactical Squad (STS), commonly known as “raptors”, responsible for the worst violence. Almost every arrested person interviewed described being beaten with batons and fists during their arrest, even when they posed no resistance.

今年7月,一名年轻女子在上环的一次抗议活动中被捕,她是许多抗议者中的一员。这些抗议者称,她在逃避警方指控时,被警察用警棍从背后殴打。她被击倒在地,双手被捆绑后,警察继续殴打她。

A young woman arrested at a protest in Sheung Wan in July was one of many protesters who described being clubbed from behind with a police baton as she was running away from a police charge; she was knocked to the ground and police officers continued to beat her after her hands were zip-tied.

同样,一名8月份在尖沙咀抗议活动中被捕的男子描述说,当警察向聚集的抗议者冲去时,他撤退了,然后跑开了。他告诉国际特赦组织,「猛禽」追上了他,用警棍从背后袭击了他的脖子和肩膀。他表示:

Similarly, a man arrested at a protest in Tsim Sha Tsui in August described retreating and then running as police charged at the assembled protesters. He told Amnesty International that “raptors” caught up to him and hit him from behind with their batons on his neck and shoulder. He said:

「我立刻被打倒在地。其中三只扑到我身上,把我的脸狠狠地按在地上。一秒钟后,他们踢了我的脸… 同样的三个 STS 不断地对我的身体施加压力。我开始呼吸困难,左胸腔感到剧烈疼痛… 他们对我说,『闭嘴,别吵了。』」

“Immediately I was beaten to the ground. Three of them got on me and pressed my face hard to the ground. A second later, they kicked my face … The same three STS kept putting pressure on my body. I started to have difficulty breathing, and I felt severe pain in my left ribcage … They said to me, ‘Just shut up, stop making noise.’”

我立刻被打倒在地。其中三只扑到我身上,把我的脸狠狠地按在地上。一秒钟后,他们踢了我的脸… 同样的三个 STS 不断地对我的身体施加压力。我开始呼吸困难,左胸腔感到剧烈疼痛… 他们对我说,『闭嘴,别吵了。』

Immediately I was beaten to the ground. Three of them got on me and pressed my face hard to the ground. A second later, they kicked my face … The same three STS kept putting pressure on my body. I started to have difficulty breathing, and I felt severe pain in my left ribcage … They said to me, ‘Just shut up, stop making noise.’

一名男子于八月在尖沙咀的抗议活动中被捕,随后被送往医院治疗两天

A man who was hospitalized for two days after being arrested at a protest in Tsim Sha Tsui in August

根据医疗记录,他住院两天,治疗肋骨骨折和其他损伤。在国际特赦组织调查的案件中,85% 以上(21个案件中有18个),被捕者因殴打而住院,其中3人在医院至少住了5天。

According to medical records, he was hospitalized for two days and treated for a fractured rib and other injuries. In more than 85% of cases investigated by Amnesty International (18 out of 21), the arrested person was hospitalized as a result of their beating, with three of them spending at least five days in a hospital.

「一次又一次,警察在逮捕之前和逮捕期间实施暴力,甚至在个人受到限制或拘留时也是如此。因此,使用武力显然是过度的,违反了国际人权法。」

“Time and again, police officers meted out violence prior to and during arrests, even when the individual had been restrained or detained. The use of force was therefore clearly excessive, violating international human rights law,” said Nicholas Bequelin.

国际特赦组织还记录了多起任意和非法逮捕的事件,以及许多警察拒绝或延迟接触律师和向被拘留者提供医疗的案件。为被拘留者及时提供与律师、家庭成员和医务人员接触的机会,是防止酷刑和其他虐待的重要保障。

Amnesty International also documented multiple instances of arbitrary and unlawful arrests, as well as numerous cases where police denied or delayed access to lawyers and medical care to detainees. Providing timely access to lawyers, family members and medical professionals for persons in custody is an important safeguard against torture and other ill-treatment.

此前,一些联合国专家对香港警方袭击和逮捕抗议者的模式表示担忧。

The findings come after a group of UN experts expressed alarm about the Hong Kong police’s pattern of attacks on and arrests of protesters.

发言人说:「鉴于我们发现的滥用权力行为十分普遍,香港警务处显然不能再自行调查及纠正大规模非法镇压示威人士的行为。国际特赦组织紧急呼吁进行独立、公正的调查,旨在提出起诉、伸张正义和提供赔偿,因为人们对独立警察投诉委员会(IPCC)等现有内部机制缺乏信任。」

“Given the pervasiveness of the abuses we found, it is clear that the Hong Kong Police Force is no longer in a position to investigate itself and remedy the widespread unlawful suppression of protesters. Amnesty International is urgently calling for an independent, impartial investigation aimed at delivering prosecutions, justice and reparation, as there is little trust in existing internal mechanisms such as the Independent Police Complaints Commission (IPCC),” said Nicholas Bequelin.

其他背景和分析

ADDITIONAL BACKGROUND AND ANALYSIS

9月5日至12日,国际特赦组织代表进行了38次访谈,其中包括在抗议活动中被捕的21人,以及被捕人员的代理律师、治疗被捕人员的医疗专业人员和在抗议活动前线工作的其他应急人员。国际特赦组织审查了采访中描述的许多具体事件的照片和视频证据,以及包括直播在内的其他抗议活动和警方对抗议活动的回应视频。代表们还亲眼目睹警方在9月7日晚上在旺角和9月8日晚上在铜锣湾发生的事件中对示威者、围观者和媒体人士采取不分青红皂白和鲁莽的行动。

From 5 to 12 September, Amnesty International delegates carried out 38 interviews, including with 21 people arrested in the context of protests, as well as with lawyers representing arrested persons; medical professionals who had treated arrested persons; and other first-responders working the front lines of the protests. Amnesty International reviewed photographic and video evidence of many specific events described during interviews, in addition to video, including livestream, of other protests and police actions in response to them. Delegates also observed firsthand an often indiscriminate and reckless police response to protesters, onlookers and members of the media during incidents in Mong Kok on the night of 7 September and in Causeway Bay on the night of 8 September.

逮捕时过度使用武力

Excessive Force During Arrest

国际特赦组织记录了警察在逮捕抗议者时过度使用武力的明显模式。最严重的虐待行为通常是由防暴警察和特别战术分队(STS)的成员实施的,后者通常被称为「猛禽」。几乎所有接受采访的被捕者都描述了在逮捕期间遭到棍棒和拳头殴打的情况,即使他们没有反抗,而且往往已经受到限制。

Amnesty International documented a clear pattern of police officers using excessive force while arresting people at protests. The worst abuses were typically carried out by anti-riot police and members of the Special Tactical Squad (STS), the latter referred to commonly as “raptors”. Almost every arrested person interviewed described being beaten with batons and fists during the arrest, even when they were not resisting and often already restrained.

今年7月,一名年轻女子在上环的一次抗议活动中被捕。据她描述,和其他许多人一样,当她逃离警方指控时,警察用警棍从背后殴打她。她被击倒在地,警察在她的双手被捆绑后继续殴打她。

A young woman arrested at a protest in Sheung Wan in July described, like many others, police clubbing her from behind with a baton as she ran away from a police charge; she was knocked to the ground and police officers continued to beat her after her hands were zip-tied.

同样,一名8月份在尖沙咀抗议活动中被捕的男子称,当警察向聚集在一起的抗议者发起冲击时,他先是撤退,然后逃跑。他告诉国际特赦组织,STS 警察抓住了他,从后面用警棍打他的脖子和肩膀。他回忆道:

Similarly, a man arrested at a protest in Tsim Sha Tsui in August described retreating and then running away as police charged at the assembled protesters. He told Amnesty International that STS police caught up to him and hit him from behind with their batons on his neck and shoulder. He recalled:

「我立刻被打倒在地。其中三只扑到我身上,把我的脸狠狠地按在地上。一秒钟后,他们踢了我的脸;我脸上所有的东西,包括我的眼镜,都飞走了… 同样的三个 STU 一直在我身上施加压力。我开始呼吸困难,左胸腔感到剧烈疼痛… 他们对我说:『闭嘴,别吵了。你出来了,你是个英雄,对吧?』」

"Immediately I was beaten to the ground. Three of them got on me and pressed my face hard to the ground. A second later, they kicked my face; everything I had on my face, including my glasses, flew off … The same three STU kept putting pressure on my body. I started to have difficulty breathing, and I felt severe pain in my left ribcage … They said to me, “Just shut up, stop making noise. You came out; you’re a hero, right?'"

根据国际特赦组织的医疗记录,这名男子最终在医院住了两天,被诊断出肋骨骨折和其他损伤。

The man eventually spent two days in the hospital and was diagnosed with a fractured rib, among other injuries, according to medical records seen by Amnesty International.

其他被逮捕的人在接受国际特赦组织的采访时受伤,包括手臂多处骨折;面部骨折;牙齿破裂;头部一处或多处需要缝合的伤口流血。一名抗议者在被捕过程中失去知觉,因为一名旁观者对警察大喊让他们冷静下来,根据国际特赦组织观察的视频显示。另一名抗议者在被捕时被警棍击中眼睛,然后另一名警察在该男子被制服后用胡椒喷雾喷伤者的眼睛。在大多数记录在案的案件中,被捕者提供了照片、录像证据和 / 或医院文件来证实所报告的伤害。

Other arrested persons interviewed by Amnesty International had injuries including multiple fractures to an arm; a fractured bone on the face; a cracked tooth; and bleeding from one or more head wounds that required sutures. One protester fell unconscious during his arrest as a bystander yelled at the police to calm down, according to video reviewed by Amnesty International. Another protester was hit in the eye with a baton while being arrested, and then a different police officer pepper-sprayed the injured eye after the man was restrained. In most documented cases, arrested persons provided photographs, video evidence, and/or hospital papers to corroborate the reported injuries.

在接受采访的21名被捕者中,有18人因与其被捕和拘留有关的伤病而被送进医院。(国际特赦组织并没有收集整体住院率的数据,而是专门调查警方滥用职权的事件,因此无法推断被捕人士的整体严重受伤率)。大多数人在医院里住了一两天。其中五人花了三天或更多的时间,其中三人至少花了五天时间。医务人员向国际特赦组织独立描述了治疗被捕人员在访谈中描述的许多相同伤害的情况。

Of the 21 arrested persons interviewed, 18 were admitted to a hospital either for injuries or illness related to their arrest and detention. (Amnesty International did not collect data on the overall rate of hospitalization and was specifically investigating incidents of police abuse, and therefore draws no inference about the overall rate of serious injury among those arrested). Most spent about one or two days in the hospital. Five spent three or more days, including three who spent at least five days. Medical staff independently described to Amnesty International treating many of the same injuries that arrested persons had described in interviews.

警方有合理的理由逮捕一些抗议者,包括向警方投掷砖块、瓶子和燃烧瓶;造成财产损失;以及至少在少数情况下袭击警察。但是,根据国际人权法和标准,警察只有在绝对必要和与他们试图实现的合法目标相称的情况下才允许使用武力。使用武力的目的应当是制止暴力,同时尽量减少伤害和维护生命权。

Police have had a reasonable basis to arrest some protesters, including for throwing bricks, bottles and Molotov cocktails at police; for property damage; and, in at least a few instances, for assaulting a police officer. But under international human rights law and standards, police are permitted to only use force where absolutely necessary and proportionate to the legitimate objective they are trying to achieve. The use of force should be aimed at stopping violence, while minimizing injury and preserving the right to life.

在上述案件中,警察在逮捕前、逮捕中和逮捕后造成了人身伤害。在许多情况下,在逮捕前和逮捕期间使用武力相当于过度使用武力,违反了国际人权法。对已被拘留者使用殴打和胡椒喷雾等同于酷刑和其他虐待。被逮捕的人、律师、医务人员和其他抗议目击者都说,自从6月份大规模抗议开始以来,警察的暴力程度不断恶化;视频证据的审查也证实了这种恶化。

In the cases described above, police officers instead caused physical injury before, during and after arrests. The use of force prior to and during arrest in many cases amounted to excessive use of force, violating international human rights law. The use of beatings and pepper spray on individuals who are already in custody amounts to torture and other ill-treatment. Arrested persons, lawyers, medical personnel and other witnesses to protests all said the level of police violence has worsened steadily since the mass protests began in June; that deterioration is likewise borne out by a review of video evidence.

拘留期间的酷刑或其他残忍、不人道或有辱人格的待遇案件

Cases of Torture or Other Cruel, Inhuman, and Degrading Treatment in Detention

大多数被国际特赦组织采访的人说,在逮捕前或逮捕期间最初的殴打之后,警察没有对他们或与他们关押在一起的其他人实施进一步的身体暴力。然而,在少数情况下,警察在拘留中继续滥用权力,包括在警车、警察局和其他拘留设施中。若干此类案件构成国际法绝对禁止的酷刑或其他残忍、不人道和有辱人格的待遇。

Most of the arrested persons interviewed by Amnesty International said that, after the initial beating before or during the period of arrest, the police did not commit further physical violence against them or against others with whom they were held. In a few cases, however, police abuse continued in detention, including in police vehicles, police stations and other holding facilities. Several such cases amount to torture or other cruel, inhuman and degrading treatment, absolutely forbidden under international law.

今年8月,一名男子在新界抗议活动中被捕后被拘留在警察局,他告诉国际特赦组织记者,在他拒绝回答警察接待问题后,几名警察把他带到了另一个房间。在那里,他们狠狠地殴打他,并威胁说,如果他试图在他们攻击的地方遮住自己,就打断他的手。他回忆道:

A man detained at a police station following his arrest at a protest in the New Territories in August told Amnesty International that after he refused to answer a police intake question, several officers took him to another room. There, they beat him severely and threatened to break his hands if he tried to cover himself where they were striking. He recalled:

我觉得我的腿被什么东西狠狠地撞了一下。然后其中一个把我翻过来,把他的膝盖放在我的胸前。我感到骨头里的疼痛,无法呼吸。我试图大喊,但我不能呼吸,不能说话。

I felt my legs hit with something really hard. Then one flipped me over and put his knees on my chest. I felt the pain in my bones and couldn’t breathe. I tried to shout but I couldn’t breathe and couldn’t talk.

当这名男子被按在地上时,一名警察用他的手指强行打开了他的眼睛,并用激光笔照进去,问道:「你不喜欢把这个指向别人吗?」 这名男子后来因骨折和内出血而住院数天。

As the man was pinned to the ground, a police officer then used his fingers to force open the man’s eye and shine a laser pen into it, asking, “Don’t you like to point this at people?” The man was later hospitalized for several days with a bone fracture and internal bleeding.

国际特赦组织采访了另一名男子,他在8月的另一天在深水埗被捕。执行逮捕的警官多次要求该男子解锁手机接受检查;警官对拒绝表示愤怒,威胁要电死该男子的生殖器。这名男子告诉国际特赦组织,他「害怕」这名警官会坚持到底,「现在的时代太疯狂了,我想一切皆有可能。」

Amnesty International interviewed a different man who was arrested on another day in August in in Sham Shui Po. The arresting officer requested repeatedly that the man unlock his phone for inspection; angry at the refusals, the officer threatened to electrocute the man’s genitals. The man told Amnesty International he was “scared” the officer might follow through, “as the times are so crazy, I suppose anything is possible.”

在警察局的一间公共休息室里,这名男子亲眼目睹警察强迫一名男孩用激光笔对着自己的眼睛发光约20秒。「他似乎用激光笔在警察局发光,」这名男子回忆说。「他们说,『如果你这么喜欢用笔指着我们,为什么不自己动手呢?』」

Detained in a police station common room, the same man witnessed police officers force a boy to shine a laser pen into his own eye for about 20 seconds. “It seems he used the laser pen to shine at the police station,” the man recalled. “They said, ‘If you like to point the pen at us so much, why don’t you do it to yourself?’”

两人分别描述了他们被捆绑并被一小群人拘留在街上的事件。他们说,他们不得不长时间吸入催泪瓦斯,因为警察在逮捕期间摘下了他们的面具,而附近的其他警察继续不分青红皂白地向其他抗议者发射催泪瓦斯。在另一起案件中,一名被捕者说,他因为在被捕期间手臂受伤而要求去医院。一名警察用力抓住该男子疼痛的地方,问道:「就是这个地方吗?」

Two people described separate incidents in which they were zip-tied and detained on the street in a small group. They said they had to inhale tear gas for an extended period, as police officers had removed their masks during the arrest and other police nearby continued to fire tear gas indiscriminately at other protesters. In another case, an arrested person said he requested to go to the hospital for an arm injury suffered during the arrest. A police officer grabbed hard where the man indicated pain, saying, “Is this the spot?”

接受国际特赦组织采访的律师也提供了类似的情况,他们说,虽然大多数在抗议活动中被捕的当事人在最初被捕后没有受到虐待,但也有例外。两名律师各自提到一名当事人,不同于上文提到的那些人,警察在一个警察局对这名当事人进行了严重殴打,以至于这名当事人住院数日。

Lawyers interviewed by Amnesty International provided a similar account of the situation, saying that while most of their clients arrested at protests had not been physically mistreated after the initial arrest, there were exceptions. Two lawyers each mentioned a client, separate from those referenced above, whom police officers had beaten in a station severely enough that the person was hospitalized for several days.

在若干情况下,如上文所述的第一个案件,警察似乎在拘留期间因顶嘴或被认为特别不合作而施加虐待。

In several instances, as in the first case described above, police officers appear to have inflicted ill-treatment in detention as punishment for talking back or for being perceived as particularly uncooperative.

身体搜查

Body Searches

国际特赦组织记录的一起事件中,一名女警官强迫一名妇女在与警官顶嘴后脱光衣服并进行全身搜查;这名警官对这名妇女进行了嘲笑和贬低。

In one incident documented by Amnesty International, a female police officer forced a woman to strip completely and go through a full body search after she talked back to the officer; the officer mocked and belittled the woman.

大多数被香港国际特赦组织采访的被捕人员在被拘留的同一阶段都没有经过类似的搜身,香港的一些刑事律师认为这种脱衣搜身不符合程序。那名被迫接受脱衣搜身的妇女感到自己的身份受到了侮辱,几个星期后,她继续遭受痛苦。

The vast majority of arrested persons interviewed by Amnesty International had not had to go through a comparable search during the same phase of their detention, and several criminal lawyers in Hong Kong described such a strip search as inconsistent with procedure. The woman forced to go through the strip search felt degraded and continued, weeks later, to suffer distress.

搜身影响到隐私权和人的固有尊严,因此执法人员不应轻易进行搜身。警察只应以专业方式、由同性进行身体搜查,并尽可能以最不具侵犯性的方式进行,从而尽可能限制搜查本身具有的侮辱性质。

Body searches affect the right to privacy and the inherent dignity of the person and therefore should not be carried out lightly by law enforcement officials. Police should only carry out body searches professionally, by a person of the same sex and in the least intrusive manner possible, thus limiting as far as possible the inherently humiliating character of the search.

延迟获得医疗服务

Delayed Access to Medical Care

尽管一些被逮捕的人受到严重伤害,但警察往往拒绝迅速获得医疗服务。在那些接受国际特赦组织电视台采访的人中,警察通常会推迟打电话或者叫救护车,直到受伤5到10小时之后,直到那个人第一次要求去医院。

Despite the serious injuries some arrested persons have suffered, police often denied prompt access to medical care. Among those interviewed by Amnesty International, it was common for police to delay calling or securing an ambulance until five to 10 hours after the injury and after the person first requested to go to a hospital.

一般来说,被逮捕的人描述说,警察告诉他们在去医院之前必须经过处理,包括指纹鉴定、拍照和录口供。警方似乎利用人们对医疗护理的需求,迫使他们在没有律师在场的情况下发表声明。

In general, arrested persons described police officers telling them that they needed to go through processing – including fingerprinting, being photographed and having a statement taken – before going to the hospital. Police appeared to use people’s need for medical care to pressure them into giving a statement without a lawyer present, as discussed more below.

今年8月,一名在铜锣湾抗议活动中被捕的男子回忆说,警方将他关押在拘留所时,他在被捕期间遭到殴打,鼻子和嘴巴流血不止。他告诉国际特赦组织,「我不停地吐血。他们说,『如果你帮我尽快录下口供,你就可以去医院了。』…四五个小时后,在我协助他们工作之后,我被带走了。」 他在医院里住了两天。

One man arrested at a protest in Causeway Bay in August recalled bleeding from his nose and mouth, as a result of being beaten during his arrest, as police held him in a detention facility. He told Amnesty International, “I was spitting blood, constantly. They said, ‘If you help me take the statement quickly, you can go [to the hospital].’ … Four or five hours later, after I assisted their work, I was taken.” He spent two days in the hospital.

另一名男子在被捕期间脸部和身体多处受伤,最终在医院里呆了一个多星期,在被转移到医院之前,他在警察局被关押了大约七八个小时。他也首先被要求向警方作出陈述。他说,警察不会让他擦掉屁股上的血迹和污垢,这是在逮捕他时,几名警察拖着他穿过人行道,另一名警察用警棍殴打他的结果。

Another man, who ultimately spent more than a week in the hospital for multiple injuries to his face and body sustained during his arrest, was held in a police station for around seven or eight hours before being transferred to a hospital. He, too, was first required to give a statement to police. He said the police would not let him wipe off blood and dirt from his buttocks, a result of several officers dragging him across pavement during his arrest, as another officer struck the man with a baton.

在国际特赦组织记录的最令人震惊的案例中,一名男子在8月份被捕时手臂多处骨折。他立即要求被送往医院,但过了五个多小时警察才这样做—只是在他们把他送到拘留所并处理了一个多小时之后。

In the most egregious such case documented by Amnesty International, a man suffered multiple fractures to his arm during his arrest in August. He immediately asked to be taken to the hospital, but it was more than five hours later before police did so – only after they had transported him for more than an hour to a detention facility and processed him.

在逮捕过程中,警察将该男子的双手反绑在背后。「那是极其痛苦的,」他回忆道。「我告诉他们我的胳膊骨折了,但他们不理我。」 由于疼痛难忍,他被捆绑了好几个小时。2名医学专家告诉国际特赦组织,这种伤害是极其严重和罕见的,只有通过剧烈的殴打才有可能发生。

During the arrest, police officers zip-tied the man’s hands behind his back. “It was extremely painful,” he recalled. “I told them I had broken my arm, but they didn’t bother.” He remained zip-tied for several hours, as he complained of intense pain. Two medical professionals told Amnesty International that the nature of the injury is extremely severe and rare, and possible only from severe and intense beating.

拒绝或不合理地拖延向生病或严重受伤的人提供及时和适当的医疗,显然侵犯了一个人的健康权。在某些情况下,拒绝提供医疗服务本身可能构成酷刑和其他形式的虐待,特别是如果为了从受伤的被拘留者那里获得陈述或供词而拖延或拒绝提供医疗服务。

Denying or unreasonably delaying prompt and adequate medical care to a person who is ill or seriously injured is a clear violation of a person’s right to health. In some cases, the denial of medical care itself may amount to torture and other forms of ill-treatment, especially if delayed or denied for the purposes of extracting a statement or confession from the injured detainee.

在国际特赦组织记录的一些案件中,警察确实将受伤或生病的被逮捕者送往医院,然后将他们拘留和处理—这表明警察在愿意的情况下可以这样做。与其他虐待行为一样,由于警察越来越沮丧,诉诸暴力的情况越来越多,在获得医疗服务方面的拖延似乎更加严重。

In a few cases documented by Amnesty International, police officers did send arrested persons who were injured or ill to the hospital prior to taking them to detention and processing them – demonstrating the police can do so when willing. As with other abuses, delays in accessing medical care appear to be worsening, as the police grow more frustrated and resort to increasing violence.

最后,许多被捕的抗议者描述了警察在和医务人员谈论他们的痛苦和发生的事情时拒绝让他们单独待着。由于缺乏隐私,一些人告诉国际特赦组织,他们对医生撒谎说他们受伤的原因—例如,他们把严重受伤归咎于摔倒而不是警察殴打—因为他们害怕在警察面前讨论警察虐待的后果。

Finally, many arrested protesters described police officers refusing to leave them alone when speaking with medical staff about their pain and what happened. Due to the lack of privacy, several told Amnesty International that they had lied to doctors about what caused their injuries – ascribing serious injuries to falling rather than to police beatings, for example – because they were afraid of repercussions for discussing police abuse in front of officers.

延迟会见律师

Delayed Access to Counsel

在与抗议活动有关的逮捕案件中,警察经常拖延或拒绝人们获得律师的帮助。与医疗照顾类似,尽管被捕人员一再要求见律师或打电话给律师,而且拘留场所的律师一再要求接触被捕人员,但延误的时间往往从几个小时到半天不等。

In cases of arrest linked to the protests, the police often delay or deny people’s access to counsel. Similar to medical care, the delays tend to range from several hours up to half a day, despite repeated requests from arrested persons to see or call a lawyer – and repeated requests from lawyers at places of detention to have access to those arrested.

几乎所有被捕的抗议者都告诉国际特赦组织,他们要求在被捕后立即联系律师。他们说,警方无视这些要求,告诉当事人等待,或者在最初的处理之后会发生这种情况。有时,警察会给出其他借口。例如,8月11日和12日被关押在靠近中国大陆边境的 San Uk Lang 拘留所的几个人独立回忆说,那里的警察说他们无法联系律师,因为没有电话网络。

Arrested protesters almost all told Amnesty International that they requested to contact a lawyer immediately upon arrest. They said police ignored the requests, telling the person to wait or that it would happen later, after the initial processing. At times, police officers gave other excuses. For example, several people held on 11 and 12 August at the San Uk Lang detention facility near the border with mainland China independently recalled police officers there saying they could not contact a lawyer because there was no phone network.

一名8月份在抗议活动中被捕后被关押在北角警察局的人说,他多次要求请律师。他说,一名警察告诉他电话占线,尽管被逮捕的人可以看到手机,而且没有人在使用。直到他被捕12小时后—在他通过电话提出要求8小时后,在警察录了口供并搜查了他的家之后,他才最终得以见到律师。

One person held at North Point police station after being arrested at a protest in August said he repeatedly asked to call a lawyer. He said a police officer told him the phone was busy, even though the arrested person could see the phone and that no one was using it. He ultimately was not able to see a lawyer until around 12 hours after his arrest – eight hours after his request by the phone, and after police took a statement and did a search of his home.

接受国际特赦组织采访的律师也同样描述了延迟接触被捕人员的情况。他们表示,这种延误与香港刑事司法系统的正常运作方式有着根本的不同,香港的刑事司法系统通常是以包括暴力犯罪在内的罪名逮捕人的。一些人认为,警察的目的是将会见律师的时间推迟到听取被捕者的陈述之后,而警察正在采用不同的战略来实现这一目的。

Lawyers interviewed by Amnesty International similarly described delayed access to arrested persons. They said the delays are fundamentally different from how the criminal justice system in Hong Kong normally works when people are arrested for crimes, including violent crimes. Several believed the police’s aim was to delay access to counsel until after taking an arrested person’s statement and that police officers were employing different strategies to achieve that.

几名律师表示,他们在香港开了好几个小时的车,试图找到任何一个夜晚被逮捕的人被带到哪里,因为他们通常不会被拘留在最近的警察局。由于抗议活动的规模,警察力量已经捉襟见肘,许多晚上,在某一地点被捕的人数超过了一个警察局的正常容纳能力。然而,尽管这可能证明将人们关押在距离逮捕地点最近的警察局以外的地点是合理的,但律师们表示,真正的问题在于,警方有时不愿提供关于被拘留者在哪里的信息,甚至在律师打电话或去警察局的时候也是如此。

Several lawyers said they were spending hours driving around Hong Kong trying to find where arrested persons were taken on any given night, as they often are not being detained in the nearest police station. The police force is stretched thin by the scale of the protests and, on many nights, the number of people arrested in a given location is beyond the normal holding capacity of one police station. But while that might justify detaining people in sites other than the police station nearest to the arrest, lawyers said the real problem is that the police are at times not forthcoming with information about where a detainee is, even when the lawyer calls or goes to a police station.

两名律师还说,截至7月下旬和8月,警察已开始宣布一个警察局为「行动区」或「警察局防御区」。他们说,这种指认通常持续三个小时,这意味着任何人—包括律师—都不允许进入,即使有人在那里被拘留。虽然在某些情况下可能有理由限制公众进入警察局—8月和9月在警察局外发生了许多抗议活动,其中包括抗议者使用暴力—但这不能被用作剥夺人们聘请律师的权利的策略。例如,警察可以在此期间继续准许与律师接触;将被逮捕者带到不受限制的其他警察局并通知律师;或者,一旦被拘留者请求律师,无论「警察局辩护」持续多长时间,他或她都不得再向被拘留者提问。

Two lawyers also said that, as of late July and August, the police have taken to declaring a police station an “operations area” or under “station defence”. They said the designation often lasts for three hours and means no one – including lawyers – is allowed in, even when people are detained there. While there may be circumstances in which restricting the public’s access to a police station is warranted – many protests in August and September have taken place outside police stations and include some use of violence by protesters – it cannot be used as a ploy to deny people’s right to counsel. The police could, for example, continue granting access to a lawyer during such periods; take arrested persons to other stations not under restriction and inform counsel; or not ask further questions of a detainee once he or she has requested counsel, no matter how long “station defence” continues.

接触律师是许多人权的重要保障,例如获得公正审判的权利,确保被拘留者的权利在拘留期间得到尊重,包括在需要时获得医疗服务的权利,以及免遭逼供、酷刑和其他虐待的权利。剥夺这一权利等于单独监禁,其本身就是一种虐待形式。被拘留者的律师和家庭成员有权立即被告知被拘留者被关押的地点,律师和独立医疗专业人员应能不受限制地接触被拘留者。

Access to lawyers is an important safeguard for many human rights, such as the right to a fair trial and ensuring the detainee’s rights are respected in custody, including the right to access medical care when needed as well as protection from coerced confessions and torture and other ill-treatment. Denial of this right amounts to incommunicado detention and is in itself a form of ill-treatment. Lawyers and family members of detained persons are entitled to be promptly informed of where the detained person is being held and lawyers and independent medical professionals should have unrestricted access to detainees.

维持集会治安和任意逮捕

Policing Assemblies and Arbitrary Arrests

参与香港抗议活动的绝大多数人都是和平行动,警方必须找到方法,为希望和平集会的人提供便利,同时制止参与暴力的人。香港警方逮捕对他人(包括警务人员)施加暴力或破坏或毁坏财物的人士,可能有合法和正当的根据。任何人不应仅仅因为行使和平集会权和言论自由权而被逮捕。在有理由逮捕参与暴力的人的情况下,执法人员只能使用必要、合理和相称的武力。

The vast majority of individuals who have participated in the Hong Kong protests have acted peacefully, and the police must find ways of facilitating the assembly for those who want to assemble peacefully, while stopping those who engage in violence. The Hong Kong police may have a legitimate and lawful basis to arrest individuals who are engaging in violence toward others, including police officers, or who are damaging or destroying property. No person should be arrested solely for exercising rights to peaceful assembly and freedom of expression. In cases where there are grounds to arrest people engaging in violence, law enforcement officials must only use such force as is necessary, reasonable and proportionate.

当地居民和那些既没有参加抗议也没有参与任何暴力活动的好奇的旁观者常常被警察抓到某一地区的应对行动中。在9月7日和8日国际特赦组织监督的抗议活动中,正常的生活继续着,距离应对抗议活动的大批警察不到一个街区。将近100名记者、急救人员和其他自称的急救人员,都穿着鲜明的亮黄色背心,站在「前线」附近。他们的人数往往远远超过与警察交火的抗议者。在一些情况下,没有示威者出现在现场,只有警察和被标记的观察员。警察离开现场后,生活立即恢复了正常。

Local residents and curious bystanders who are neither participating in a protest nor engaging in any violence have often been caught up in the police response in a given area. At protests on 7 and 8 September that Amnesty International monitored, normal life continued less than a block from a heavy police presence in response to protests. Nearly 100 journalists, first-aid providers and other self-identified responders, all wearing distinctive bright yellow vests, stood near the “frontline”. They often greatly outnumbered the protesters engaging the police. In several instances, no protesters appeared present, only police and the marked observers. When the police left the scene, normal life immediately resumed.

当发生暴力或财产损失时,警察的反应是使用有时过度和滥用的武力。例如,大赦国际的研究人员直接观察到,警察对佩戴识别徽章的记者使用胡椒喷雾和发射「胡椒球」,并向没有抗议者的空旷街道发射催泪弹。催泪瓦斯云飘进了行人密集的地区。即使对抗议者使用了催泪瓦斯,他们中的一些人可能参与了暴力活动,这种策略也是不分青红皂白的,往往会影响到与抗议活动毫无关系的人们。在另一个观察到的案例中,警察在发射催泪弹之后升起了警告旗,表示他们将发射催泪弹。

When violence or property damage has occurred, the police have responded with use of force that has been at times excessive and indiscriminate. For example, Amnesty researchers directly observed police use pepper spray and fire “pepper balls” at journalists wearing identifying badges and fire tear gas grenades into largely empty streets where no protesters were present. The tear gas clouds drifted into areas with large concentrations of pedestrians. Even when tear gas is deployed against protesters, some of who might be engaging in violence, such tactics are indiscriminate and often affect people with no connection to the protests. In another observed case, the police raised a warning flag, indicating they would fire tear gas, after already launching the tear gas grenades.

如果目的是驱散人群或降低暴力升级,那么使用这些不分青红皂白的低致命性武器可能会适得其反。根据联合国《使用武力和火器的基本原则》,应认真评估非致命致残武器的部署,以尽量减少危及无关人员的风险,并应认真控制此类武器的使用。当局在决定在可能影响某一地区所有人的公共集会中使用哪些设备时,包括为了驱散集会的目的使用哪些设备时,需要考虑到这一原则。警察还有责任与抗议者进行对话和沟通,以促进和平集会,尽量减少使用武力。

The use of these indiscriminate, less lethal weapons may be counter-productive if the aim is to disperse a crowd or de-escalate violence. According to the UN Basic Principles on the Use of Force and Firearms, the deployment of non-lethal incapacitating weapons should be carefully evaluated in order to minimize the risk of endangering uninvolved persons, and the use of such weapons should be carefully controlled. This principle needs to be taken into account when authorities are determining what equipment should be used in public assemblies that may affect all persons in an area, including for the purpose of dispersing an assembly. Police also have a responsibility to engage in dialogue and to communicate with protesters, with an aim to facilitate peaceful assemblies and to minimize the use of force.

国际特赦组织采访了两名年轻女性,她们是在八月份外出觅食时被任意逮捕的。在8月份的另一起事件中,一名年轻男子与女友外出时进入公共卫生间,当他出现时,防暴警察就在附近。当他因害怕而逃跑时,他们逮捕了他并殴打他。他说,他觉得自己比在警察局被拘留的其他人受到了更好的待遇,因为他穿的是白色,而不是许多抗议者喜欢穿的全黑色,包括抗议活动期间发生的几起自杀和其他死亡事件。

Amnesty International interviewed two young women arrested arbitrarily in separate incidents in August when out to get food. In another incident in August, a young man went into a public bathroom while out with his girlfriend; when he emerged, anti-riot police were nearby. They arrested and beat him when he ran out of fear. He said he felt he was treated better than others detained at the police station because he was wearing white – not the all-black that many protesters have taken to wearing, including after several suicides and other deaths during the time of the protest movement.

国际特赦组织采访的大多数被逮捕的人在被逮捕时并不知道他们的行为被认为是可疑或犯罪的。

Most of the arrested people interviewed by Amnesty International did not know what behaviour they were engaging in that was considered suspicious or criminal at the time of arrest.

在任何情况下都禁止任意拘留。如果个人在没有明确法律依据的情况下被剥夺自由,如果个人仅仅因为和平行使言论或结社自由等某些人权而被拘留,或者如果公平审判权受到足够严重的侵犯,则拘留是任意的。

Arbitrary detention is prohibited in all circumstances. Detention is arbitrary when individuals are deprived of their liberty without a clear basis in law; where persons are detained solely for the peaceful exercise of certain human rights such as freedom of expression or association; or in cases of sufficiently serious violations of the right to fair trial.

执法官员往往有权决定是否对违反法律的轻微规定进行干预。在维持集会秩序时,必须谨慎行使这一酌处权。如果警察对某些轻微犯罪采取行动,或任意拘留没有犯罪的人,可能会代表有关个人和 / 或其他公众引起反作用,最终导致参与者的反应迅速升级和失控。因此,最适当的做法可能是不对罪犯立即采取行动,同时可能采取措施,以便日后起诉罪行。与此同时,一些轻微的犯罪行为,如焚烧垃圾箱,可能会引起参与者的激动,并促使其他人做类似或更糟糕的事情。在执法和防止公共秩序恶化之间取得适当的平衡是警察面临的一项重大挑战。

Law enforcement officials often have discretion whether to intervene in breaches of minor provisions of the law. This discretion needs to be applied carefully when policing assemblies. If police take action against certain minor offences, or arbitrarily detain persons not committing offences, it might provoke counter-reaction on behalf of individuals concerned and/or the rest of the public and ultimately contribute to a rapidly escalating and uncontrollable reaction by participants. The most appropriate approach might therefore be not to act immediately against the offender, possibly while taking measures that might allow for later prosecution of offences. At the same time, some minor offences, such as burning dustbins, may lead to agitation of the participants and provoke other people to do something similar or worse. Striking the right balance between enforcing the law and preventing a deterioration of public order presents an important challenge to the police.

香港:揭露警方任意逮捕,拘留中野蛮殴打和酷刑折磨:机译  2019-09-23 17:19   刷新   加密线路   快速线路 

(2019年9月19日,国际特赦组织)一项新的实地调查记录了香港警察部队使用鲁莽和不分青红皂白战术的惊人模式,包括在抗议时任意逮捕,以及拘留期间酷刑和虐待。

https://www.amnesty.org/en/latest/news/2019/09/hong-kong-arbitrary-arrests-brutal-beatings-and-torture-in-police-detention-revealed/

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匿名  2019-09-25 08:48

大陆现在一点香港消息都看不到了,官媒私媒集体禁言了,太邪恶了

匿名  2019-09-24 12:39

邪恶至极!

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