Former deputy lawyer arrested in Macau filed a complaint with the UN

O former deputy was arrested in July 2025 and was in custody, accused of “subversion against the political power of the state” and “establishment of links” with external entities “for the practice of acts against the security of the state”.

Michael Polak said he filed a complaint that “sustains that detention has been illegal to date and will continue to be after much, most likely condemnation” of Au Kam San.

The lawyer said that the accusation “is not specific, is being used vaguely to punish, in a discriminatory way, because it is based on the democratic convictions” of Au.

Au Kam San was one of the organizers, over more than three decades, of the annual vigil – currently banned – in honor of the victims of the repression of June 4, 1989 in Tiananmen Square, Beijing.

Hours earlier, the Macao Court of Justice (TJB) announced that the trial of the pro-democracy activist begins Wednesday and takes place behind closed doors, not to cause “harm to the interests of state security”.

Polak said that the rules of international law “are obviously not being respected with regard to the assistance of a lawyer, the opportunity to prepare the defense and the conduct of a public trial”.

This is because, in July, the TJB noted that Au Kam San is being represented by an unofficial lawyer, approved by the State Security Defense Commission, despite family attempts to appoint another defender.

The Working Group on Arbitrary Detention (WGAD), which is under the supervision of the United Nations Human Rights Council, has regularly criticized arrests in mainland China and Hong Kong.

In 2024, WGAD concluded that Jimmy Lai Chee-ying, Hong Kong's former pro-democracy media magnate, was illegally and arbitrarily detained. In February, Jimmy Lai was sentenced to 20 years in prison for collusion with foreign entities.

In addition to WGAD, Polak said that the complaint also went to UN Special Rapporteurs for Freedom of Opinion and Expression, Leopoldo Maldonado, for Freedom of Association and Meeting, Gina Romero, and for Freedom of Religion and Beliefs, Nazila Ghanea.

In July, one of Au Kam San's daughters told Lusa that the family could not speak to the activist since he was arrested more than 11 months ago.

Michael Polak said today that “recently, family members have been able to see him”, without revealing further details.

This is the first case of national security to be tried in the territory. For the crime of subversion against the political power of the State, the Portuguese citizen risks a sentence that can reach 25 years in prison.

In September, on a visit to Macau, Portuguese Prime Minister Louis Montenegro admitted that he did not discuss the arrest of Au Kam San at a meeting with Sam Hou Fai and argued that the case requires “the necessary discretion” and “some rectum”.

Montenegro and Sam Hou Fai met again in April in Lisbon, but nothing was said publicly about the arrest of the former Portuguese-born deputy. China and the Macao Special Administrative Region do not recognize dual nationality.