organs being removed before the prisoner would be considered medically dead by international
standards. 45
Procuring Organs from Executed Prisoners
China has stated that it would end the sourcing of organs from prisoners, but there are no laws or
regulations in place banning its practice and Chinese law allows for Chinese prisoners to “consent” to
donating organs. However, consent by prisoners and those sentenced to death, as well as their
families, is not free from coercion or always fully informed. The World Medical Association states that
“in jurisdictions where the death penalty is practised, executed prisoners must not be considered as
organ and/or tissue donors”.
In 2006, Chinese officials admitted that organs were widely sourced from executed prisoners and in
2007 claimed it would reduce this number. In 2014, Huang Jiefu, China’s most senior official
responsible for organ transplantation, stated that China would end the procurement of organs from
prisoners by 1 January 2015, but in 2017 Chinese officials stated that it was still not possible to
guarantee that the use of organs from prisoners had ceased and it is believed that the practice is
widespread.46
Statistical analysis of official Chinese datasets for deceased organ donation from 2010 to 2018
revealed that, surprisingly, the number of voluntary donations conforms almost exactly to a simple
mathematical formula. The researchers, publishing their findings in BMC Medical Ethics, concluded
that having examined a variety of evidence the official organ datasets can “only be explained by
systemic falsification and manipulation”.47 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. In one case, the mother
of a man executed in 2008, expressed suspicions that her son’s organs had been used without her
knowledge, and asked questions about whether her child had consented to his organs being
transplanted. The court had refused to allow her husband to see her son’s body, and so they were
very worried that their son’s organs had been removed for transplant purposes.
Public Executions
Under Chinese law executions cannot be carried out in public. The Criminal Procedure Law, article 252
stipulates that executions shall be publicly announced, but not publicly displayed. Previously there
were cases of people being executed publicly. We know of no recent reports, although public
sentencing does still take place.
45
Paul, Norbert, Caplan, Arthur, Shapiro, Michael, Els, Charls, Allison, Kirk, Li, Huige. (2018) ‘Determination of Death in
Execution by Lethal Injection in China.’ Cambridge Quarterly of Healthcare Ethics, 27, 459-466. 2018.
46
Amnesty International. ‘Death sentences and Executions 2017.’ 2017.
https://www.amnesty.org/en/latest/news/2018/04/death-penalty-sentences-and-executions-2017/
47 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, p. 79. November. 2019, doi:10.1186/s12910-0190406-6.
56
選擇目標文字3
連接到段落
連接到實體
取消高亮顯示
新增到目錄