UN expert concerned evidence against HK tycoon Lai 'obtained through torture'

By AFP

The United Nations' expert on torture voiced concerns Wednesday that prosecution witness evidence in the trial of pro-democracy Hong Kong tycoon Jimmy Lai may have been obtained through torture.

Jill Edwards, the UN special rapporteur on torture and other cruel, inhuman or degrading treatment, said she had written to the authorities in China calling for an investigation before evidence is admitted in court.

"I am deeply concerned that evidence that is expected to be presented against Jimmy Lai imminently, may have been obtained as a result of torture or other unlawful treatment," she said in a statement.

"An investigation into these allegations must be conducted immediately, before any evidence is admitted into these present proceedings."

The charges against Lai -- founder of the now-shuttered popular Chinese-language tabloid Apple Daily -- revolve around the newspaper's publications, which supported pro-democracy protests and criticised Beijing's leadership.

Lai pleaded not guilty on January 2 to "sedition" and "collusion" charges in a high-profile national security trial that could see him jailed for life.

Edwards said it was alleged that a key prosecution witness was tortured during his detention in a China prison between 2020 and 2021.

Torture and other coercive techniques, including the use of fixed restraint chairs, to force confessions have been well-documented in China, Edwards noted.

Her statement comes after Lai's UK-based lawyers appealed to the rapporteur earlier in January, raising concerns over the treatment of key prosecution witness Andy Li.

- Ban on torture evidence -

China has ratified the UN's Convention against Torture.

"The absolute prohibition of reliance on evidence obtained as a result of torture... is a fundamental protection," she said, citing Article 15 of the convention.

"I have urged the Chinese government to undertake an investigation into these claims. I also reminded China of its duty to investigate all allegations of torture, prosecute or extradite suspects, punish those responsible and provide remedies to the victims."

Special rapporteurs are unpaid experts who are appointed by the UN Human Rights Council. They do not speak on behalf of the United Nations.

Lai's trial, which began in late 2023 after he was jailed for more than 1,100 days, is being closely watched as a barometer of Hong Kong's political freedoms and judicial independence.

His case has drawn widespread condemnation from the international community but Beijing has dismissed the criticism as interference.

A rags-to-riches figure who made his fortune selling clothes before expanding into media, Lai, 76, is being tried without a jury and was denied his first choice of lawyer.

The British national is accused of "collusion" with foreign forces under sweeping national security legislation that Beijing imposed on Hong Kong in 2020.

Critics say the law has curtailed civil liberties, silenced dissent and eroded the judicial independence that once attracted foreign businesses to the city.