UK – Doughty Street Chambers, September 12, 2024
The international legal team for Jimmy Lai and Sebastien Lai has today submitted an urgent appeal to the United Nations (“UN”) Special Rapporteur on torture, Dr Alice Edwards, on behalf of Jimmy Lai.
The urgent appeal addresses a series of concerning issues regarding Mr Lai’s treatment in detention, including:
- Mr Lai’s prolonged detention in solitary confinement for over three and a half years, since December 2020, in circumstances which pose a grave risk to his physical and mental health, and to his life, given his age and underlying medical conditions. He has limited human contact and is routinely imprisoned for 23 hours 10 minutes per day, with only 50 minutes for restricted exercise; and he has limited access to daylight;
- The denial of access to independent medical care; and
- The grossly disproportionate threat of imposition of a life sentence on conviction for entirely peaceful acts.
Jimmy Lai is a 76-year-old British citizen and renowned pro-democracy campaigner, media entrepreneur, and writer. He is currently imprisoned in Hong Kong and has been detained there, in solitary confinement, since December 2020. He is currently standing trial for alleged sedition and alleged conspiracy to collude with foreign agents under the controversial Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong and Special Administrative Region (“NSL”). On the Prosecution’s own case, Mr Lai is being accused of practising journalism, speaking to politicians about politics, and raising concerns about accountability for human rights violations in Hong Kong. If convicted, Mr Lai faces life imprisonment.
Mr Lai was first detained at Stanley Prison, a maximum-security prison, but was transferred to the Lai Chi Kok Reception Centre at the beginning of the year, following the start of his trial under the NSL on 18th December 2020. The conditions at Stanley Prison and Lai Chi Kok Reception Centre are well documented. The US State Department, in its 2022 report on human rights practices in Hong Kong, reported credible concerns regarding the detention of persons in solitary confinement, and cases of prisoners being subjected to 24-hour glaring lighting, excessively hot and cold temperatures, and the use of degrading conditions as punishment of those who raised complaints regarding their conditions.
Today’s Urgent Appeal also highlights the denial of access to specialised medical care and to physicians of Mr Lai’s choosing. Mr Lai suffers from diabetes. Lack of specialised medical care increases the risk of long-term complications linked to his diabetes due to the failure to properly manage his condition. These concerns are compounded by observations of Mr Lai in court – observers have noted Mr Lai’s significant loss of weight and increasing frailty. These concerns were exacerbated when, on 3rd June 2024, day 87 of the trial, Mr Lai attended court with a fever – he was clearly trembling and feeling unwell.
