Some of those sentenced for drug crimes may have to wait weeks or even months so that their
execution coincides with the “International Day against Drug Abuse and Illicit Trafficking”
commemorated on June 26. Unlike most death sentences which are not reported in the media, the
timing of drug crime-related executions is often governed by political concerns rather than the court’s
timetable (see Chapter 1 on Most Serious Crimes for more detail on drug crimes). Chinese lawyers
have stated that due to the, relatively, short time between SPC approval and execution, the problem
of the death row phenomenon does not exist in China. However, the two-year suspended sentence is
considered a death sentence and the threat of execution remains. Individuals sentenced to the twoyear suspended death penalty, and those imprisoned for long periods pending appeal, may also suffer
psychological distress that resembles the death row phenomenon criticised in other jurisdictions.
The Method of Execution
In China, lethal injection is considered to be more humane and scientific, compared to shooting, as a
method of execution. It is also more expensive. Lethal injection was introduced as an alternative
method of execution to shooting in the 1997 amendment of the Criminal Procedure Law, article 252,
as a result of both domestic and international concern over the use of firing squad as inhumane and
cruel. The CPL, article 252, states that death sentences are carried out by methods such as shooting
or lethal injection and may be carried out on execution grounds or inside a designated detention area.
Although statistics about the use of lethal injection, and the types of drugs and dosages, remain a
state secret, it is believed that its use has expanded across China since the mid-2000s; application,
however, is likely to be uneven.43 Chinese legal debates in the mid-2000s emphasised the need for
lethal injection as a more humane method over shooting. The use of mobile vans to execute people
was also introduced and were argued to be a cost effective method in which to carry out the lethal
injection. However, concerns have been raised over the vans as a means by which to make organ
harvesting easier.44
Other areas of concern include the determination of death which does not conform to medical science
or international standards of medical ethics. Although there is little published about the lethal
injection in China, it is known that death is induced pharmacologically by using anaesthetics and lethal
drugs, and it is thus considered reasonable that the combination of drugs used for lethal injection is
the same as those used in the U.S. (sodium thiopental, pancuronium bromide, and potassium chloride).
This combination of drugs as the lethal injection has been criticised in the United States, and
internationally, over concerns that it could inflict serious pain once administered.
Procurators and judges must witness the executions and eyewitnesses say that they have been
distressed by what they have seen in the use of the lethal injection, including the belief that the person
was not dead at the time it was declared. Evidence shows that in China the practice of declaring death
by lethal injection within “tens of seconds” is not sufficient time. Moreover, executions are not always
carried out by a trained medical doctor or with the appropriate expertise. There have been reports of
43
Trevaskes, Susan. “From ‘Killing Many’ to ‘Killing Fewer’” in Liang, Bin and Lu, Hong (eds) The Death Penalty in China:
Policy, Practice and Reform, Columbia University Press, 2016.
44 Trevaskes, Susan. The Death Penalty in Contemporary China. Palgrave Macmillan, 2012.
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