Minimum possible suffering China is not transparent about the use of torture in criminal cases and cannot guarantee that confessions in death penalty cases are not extorted through torture. The Committee Against Torture, in their concluding observations of the fifth periodic report of China, in 2015, stated that they “remain concerned at the use of State secrecy provisions to avoid the availability of information about torture, criminal justice and related issues”.22 There is no independent monitoring of detention centres and few outsiders have access. There is no official data or information on conditions for detainees or those facing the death penalty. This lack of transparency means that it is impossible to assess whether or not the death penalty is carried out so as to inflict the minimum possible suffering. Detainees and their family members have the right to prepare for death. In 2012, the UN Special Rapporteur on Torture stated that secret executions may violate this right.23 In 2019, new SPC Provisions on the death penalty stated that the defence lawyer should be notified by the relevant court of the SPC final verdict within five days after its announcement.24 Prior to these guidelines, after the SPC Review Stage the lawyer of the defendant was not directly informed of the verdict and whether or not the death sentence had been approved. There is no data to indicate whether these guidelines are being followed. Prior to their release it was common for family members to hear of execution before the lawyer. Statistics relating to the use of prisoner organs are also a state secret. Without transparent and accurate data on organ donations it is impossible to guarantee that organs are not being procured from prisoners sentenced to death. The practice of involuntary organ procurement raises concerns for families of individuals sentenced to death.25 22 United Nations Committee Against Torture. “Concluding observations on China’s fifth periodic report”. 9 December, 2015. https://bit.ly/3wbG7ua 23 Méndez, Juan E. “Interim report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment”. 9 August, 2012. A/67/279. 24 Supreme People’s Court. “Several Provisions on Protection of Parties' Lawful Rights and Interests During Death Penalty Review and Enforcement Procedures”. 8 August, 2019. https://www.chinalawtranslate.com/deathpenaltyreviewprotections/?lang=en 25 Robertson, Matthew P., et al. ‘Analysis of Official Deceased Organ Donation Data Casts Doubt on the Credibility of China’s Organ Transplant Reform.’ BMC Medical Ethics, vol. 20, no. 1, pp. 79. November. 2019, doi:10.1186/s12910-019-0406-6. 4