A/HRC/7/10/Add.1 page 15 organs with the written agreement of the donors; that donors have the right at any time prior to transplantation to refuse donation of their organs; that medical establishments conducting human organ transplantation must be properly equipped to be able to ensure the quality and safety of medical treatment; and that ethical principles must be respected. The aim of these provisions is to standardize and strengthen the clinical application and management of human organ transplantation, and to ensure the quality and safety of medical treatment. 46. In China, it is categorically prohibited to coerce persons sentenced to death into donating their bodies or organs or for their bodies or organs to be resold for profit. The organs and bodies of people sentenced to death may only be used in strict compliance with the relevant regulations. Primary among these are: (a) they may only be used with the prior written agreement of the prisoners themselves and of their family members; (b) they may only be used with the approval of the health authorities at the provincial level and of the provincial high court; and (c) units using such organs or bodies must secure the approval of the health authorities at the provincial and higher level and must be properly equipped to conduct the applicable medical research or to carry out the relevant transplantation surgery. 47. The Government informs that, notwithstanding strict regulations relating to organ transplants, it is still hard to stop certain unlawful practices. As soon as the administrative bodies discover such practices, the necessary legal action is undertaken to punish any perpetrators. Draft regulations aimed to set in place a more standardized system for the management of organ transplantation have been submitted to the State Council, who is soliciting the views of Chinese and foreign experts and the WHO on the content of the draft. 48. Third, the Government informed that, drawing on current international practice, it is exploring the possibility of creating a human organ transplantation allocation system and applying the same organ allocation principles as WHO, the United States of America, the European Union and other bodies. It must be noted that the allegation that China has “a computerized matching system for transplants” is inaccurate. To date, there is no institution in China responsible for coordinating and allocating organs and no network system in this area, nor does it have a live organ donor base. Currently, the sourcing of organs and surgical operations involving organs are the responsibility of medical institutions. 49. Fourth, the Government maintained that the situation and the figures alleged in the communication are merely the product of agitation by Falun Gong. Furthermore, most of them have already been revealed to be unfounded rumours. Observations 50. The Special Rapporteur is grateful for the Government’s response. Urgent appeal sent on 31 January 2007 jointly with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, the Special Rapporteur on the question of torture and the Special Representative of the Secretary-General on the situation of human rights defenders 51. The Special Procedures mandate holders brought to the attention of the Government information they had received concerning Mr. Jamyang Gyatso, a monk at Bora Monastery in

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