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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