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114. The human organ transplant regulations that took effect on 1 July 2006 reiterate that
human organs must not be sold, that human organs used for transplant by medical facilities must
have the written consent of the donor, that a donor has the right to refuse to donate before the
organ transplant takes place, and that medical facilities carrying out human organ transplants
must have the capacity to ensure medical quality and safety in accordance with ethical principles.
The goal of these regulations is to standardize and improve the management of clinical practice
of human organ transplant operations in order to safeguard medical quality and safety.
115. Presently, the relevant Chinese Government agencies are drafting Human Organ
Transplant Regulations in order to create the necessary regulation of human organ donation,
registration, matching, and transplant.
116. China absolutely does not allow forced donation or trafficking in the corpses or organs of
executed criminals, which are used in strict accordance with the relevant regulations. Notably: (1)
Written consent must be received from the criminal to be executed and his family; (2) Approval
must be received from the provincial-level health authority and the provincial-level higher
people’s court; (3) The unit using the organs must have the approval of the health authorities at
the provincial level or higher and must have the authority/capacity to conduct medical science
research or transplant operations.
117. The question of organ donation is not part of the inquiries made at the time of execution.
Those death-row criminals who wish to donate their corpse or organs after they are executed
must express this voluntarily in writing. Mobile Execution Vehicles are used solely by the courts
to carry out execution by lethal injection. They do not, and are strictly forbidden to, transport
organs. According to Chinese laws and regulations, individuals who are sentenced to death are
those criminals who have committed extremely serious crimes and who should be sentenced to
death and executed immediately, not whether they are Falun Gong practitioners. For this reason,
there are no statistical data for Falun Gong practitioners who have been executed.
118. In order to deal with the problem of organ supply, each country typically uses two
methods: firstly, to increase social awareness and mobilize the population to donate organs; and
secondly, to facilitate live organ donation and transplant between relatives. China’s methods are
not exceptions, but it has placed serious restrictions: citizens who donate live organs must be at
least 18 years old and be in possession of full civil capacities; the live organ recipient must be the
spouse, direct blood relative, or within three generations of collateral blood relatives.
Observations
119. The Special Rapporteur is grateful for the Government’s reply. She has sent a follow-up
letter on 25 January 2007 which will be covered in her next addendum on cases transmitted to
Governments and replies received.
Urgent appeal sent on 31 August 2006 jointly with the Special Rapporteur on the question
of torture
120. The Special Rapporteurs received information concerning Bu Dongwei (also known as
David Bu), aged 38, and Falun Gong practitioner. According to the allegations received, on 19
May 2006, he was detained by around seven police officers at his home in the Haidian district of