A/HRC/7/3/Add.1
page 49
Para
Country
Date
Type
Mandate
Allegations transmitted
Government response
coincides with the alleged rise in the persecution
of Falun Gong practitioners. In 2005, it is reported
that only 0.5% of total transplants were accounted
for by donations by relatives; non-relative brain
dead donors were around nine in 2006; and
estimates—given that the Government does not
make public statistics on executions—for 2005
indicate 1770 executions were carried out, and
3900 persons sentenced to death. It is alleged
that the discrepancy between the number of
transplants carried out and the number of
available sources is made up from the harvesting
of organs from Falun Gong practitioners.
However, it is also reported that the true number
of executions is estimated to be around 8,000 to
10,000 per year, rather than the figure of 1770
executions referred above. As the Special
Rapporteur on torture recommended in his report
on his visit to China, he reiterates that the
Government (E/CN.4/2006/6/para. 82,
recommendation q) should use the opportunity of
the restoration of the power of review of all death
sentences by the Supreme People’s Court to
publish national statistics on the death penalty. A
full explanation of the source of organ transplants
would disprove the allegation of organ harvesting
of Falun Gong practitioners, particularly if they
could be traced to willing donors or executed
prisoners. The request for an explanation for the
discrepancy in the number of transplants between
the years 2000 to 2005 and the numbers from
identifiable sources of organs is reiterated.
death, so it is not possible to estimate the number
of organ donors on the basis of a one-to-one
correlation with the number of organ transplants.
Second, as a State member of the World Health
Organization (WHO), in carrying out organ
transplants China unswervingly respects the WHO
Guiding Principles on Human Organ
Transplantation of 1991, strictly prohibits the
buying and selling of human organs and insists on
the principle that donations of human organs may
only be made on a purely voluntary basis, with the
prior written agreement of the organ donor. On 1
July 2006, the Chinese Government promulgated
its interim provisions on the clinical application
and management of human organ transplantation,
reaffirming that human organs may not be bought
or sold; that medical establishments may only use
transplanted human 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. 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
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