China refutes so-called report on harvesting organs live by Canadian anti-Chinese men
From March of this year, Falun Gong began to hype the rumor of so called "concentration camp in Sujiatun" and claimed that several thousands of Falun Gong practitioners were held in custody in a hospital of Sujiatun district in Shenyang City, Liaoning Province, and most of them were killed and burned to nothing after their organs were harvested alive. Subsequently, Chinese government, American embassy in China and some domestic and foreign media investigated the accusation and confirmed that it was an arrant lie. After the "rumor of Sujiatun" was debunked, Falun Gong began to shift the focus of rumor, claiming that there were a lot of "harvesting organs alive" incidents in many other regions of China. By using the tricks such as hearsay, guessing without foundation, grafting one twig on another, drawing up, Falun Gong and Canadian anti Chinese person David Kiguor and David Matas forged a horrible "investigation report". The report embraced the logic of "lie will become truth after repeating a thousand times", intended to achieve the secret political goal of Falun Gong by attacking Chinese government and the medical institution of China. Therefore, Chinese government solemnly refutes it.
I. The "evidences" used in the report do not accord with the general criterion of evidence; they are even forged ones, which can not prove the so called "accusation".
1. In the whole report, because of the way of obtaining the evidences, the based materials of the accusation don't accord with the basic requirements at all, so it can not make the accusation approved. We can find there are two kinds of evidences in the report. One is the so called testimonies of witnesses and recorded evidence through investigation. To the testimonies of witnesses, the report hasn't provided even one witness's exact name, identity, address and the way to contact him, and it hasn't provided the information about the time, location, program and eyewitness of the obtaining of those testimonies, which means that all the testimonies of witnesses can not be verified, and these are not the testimonies according with the criterion, it is no more than the authors want to speak out their own voice through the mouth of others. There are similar questions about the recorded evidences. The basic program and criterion of telephone investigation haven't shown up in the report, not even to say the verification and objectivity of recorded evidences are questionable. The other kind of so called evidences are the materials the author downloaded from websites or some other places even the authors themselves cannot tell. Most of these materials are the explanations and promises about organ transplants from the websites of some medical institutions. We have noticed that the content of all these websites cannot be verified right now. In addition, the information on line just shows the category, number and price about organ transplants held by these medical institutions, and the so called accusations deduced directly or indirectly are very ridiculous, and some of them are just the messages left on the net by some net users. These personal expressions of net users can not tell the identity of the writers. Even the content cannot be verified and no one can guarantee the veracity of it. Therefore, these contents should not be taken as the evidences materials for the accusations.
Since all the so called "evidences" cannot be verified, and even the authors themselves cannot tell the source of some contents, the so called evidences cannot prove anything. That's why in the whole report the authors uses vaguer words as much as possible, such as "probable", "it is said", "if", which do not accord with the elementary criterion of preciseness of law professionals. For example:
In the whole report, all the numbers and quotations are vague and have no exact sources, and these are the materials used by the authors as the evidences in support of their accusations, of course they are unconvincing. For example: "To April of 2001, about 830 thousand Falun Gong practitioners have been arrested", "to Dec. 22, 2006, we have confirmed there are 3006 Falun Gong practitioners who were persecuted to death", "the number of this kind of people is about 300", "at least 98% organs transplanted do not come from volunteer donators", "according to public reports, there were about 30 thousand organ transplanting cases in China before 1999……", "the other confirmed sources of organs transplanted, including volunteer donators and brain death patients, are always rare. In 2005, the number of live renal transplantation was about 0.5% of the total organ transplantations. All these figures do not indicate the sources and the statistics are contradictory, therefore they are unconvincing at all.
2. This report hasn't observed the elementary logic reasoning rule, calls white black and confounded right and wrong, and can not affirm its accusations. In the report, the two authors have very obvious personal sentiments, which overwhelm the intelligence they should have as law professionals or independent investigators, that's why they made a wrong conclusion with the wrong precondition and through the wrong reasoning. For example, in the third page, "according to Chinese constitution, China is ruled by the Communist party and not by the Law". They just want to call white black and intentionally confuse the concepts of party system and the governing of a country. However, the leadership of the ruling party is not contradictory with the governing according to the law. Amendment to the Chinese Constitution of 1999 prescribes clearly, "People's Republic of China is a socialist country ruling by law." In 2004, China amended the constitution once again and supplemented articles of safeguarding human rights and legal private properties of citizens. After unceasing hard work of more than 20 years, the People's Congress of China and its standing committee has established more than 400 laws and decisions concerning the problems of law, the State Department has issued nearly 900 administrative laws, and the socialist law system with Chinese characteristics with the core of the Constitution has come into being. At the same time, Chinese government vigorously promotes administration according to law and establish governments ruled by law. The civil servants' administrative ability according to law has greatly improved. The judicatory departments of China exercise its power independently according to the prescripts of Constitution and law, and try the best to achieve and maintain the judicial justice.
In the eighth page of the report, the two authors use the same ridiculous logic. Comparing the waiting time organ transplantation of China with other countries and regions, they conclude that "this will show that they have a huge storeroom of live donators". However, they don't explain where they get the statistics of waiting time of China and other countries; they even don't explain the concept, the starting and ending point of waiting time. According to their logic, if a Canadian medical institution make organ transplantation for a patient in a shorter time, then there is must a bigger storeroom of live donators in Canada.
Right now there is no institution supervising the distribution of human organs in China, and there is no live organ storeroom either, and we will not establish such kind of storeroom in the future. At present, the obtainment of organ and the operation are all handled by medical institutions. In order to improve the utilization efficiency of limited organ resource, the related departments of China is working out the managing law and regulation about human organ transplantation according to the international common measures. And try to establish a regulating system of human organs according with the regulating principle of WTO, United States and EU.
3. The examples listed in the report are unconvincing and can not be used to prove the so called accusations. In order to obtain the effect the authors want, the report lists related examples so as to show that the conclusion of the report is based on the reality. However, if you analyze and consider it, you will find the examples in the repot are illogical and irrational. For instance, the core and key evidence the two authors use to hold the whole accusation comes from a woman's description about the cornea transplantation operation of his husband. We have noticed that, in this example, there is no doubt that these two authors have contacted with this witness, but the detailed information about this witness is not disclosed, even the name is anonymous. Does this woman really exists and where is her now? The basic information about her is not mentioned in the report, which makes people to doubt the verification and objectivity.
Secondly, in the report the husband of the witness says, "None of the donors of cornea can survive, because other doctors will harvest other important organs in their bodies, and then their bodies will be buried". However, the reporter later writes that "many organ donors are still alive ……, where are they now?" Obviously, the testimony of the witness and the authors' conclusion are contradictory.
Thirdly, actually this example is not a fresh one, it is evidence used by Falun Gong when it spread the "rumor of Sujiatun camp". Last March, Falun Gong shot off the so called "Sujiatun camp" rumor, but after the investigation of domestic and foreign media, embassies of related countries in China and the Chinese government, the so called "Sujiatun camp" had been proved to be a lie forged by Falun Gong. The spokesman of American State Department had showed that, "Sujiatun hospital of thrombus in Shenyang City, Liaoning Province" accused by Falun Gong is just a common hospital; the so called "Sujiatun camp" does not exist. Now the two authors took out his lie as their so called "evidence", what is their intention?
Viewing the whole report, the other examples listed by the authors also have similar problems.
4. The investigations about several so called "evidences" mentioned in the report.
1) In the 26th page, the report claims, "Doctor Lu of Nanning nationality hospital said in May that there are no Falun Gong practitioners in his hospital and suggested them to call hospitals in Guangzhou. He also admitted that he had chosen some healthy Falun Gong practitioners above 30 years old in the prison earlier so as to provide organs."
After verifying the so called evidence with Doctor Lu Guoping from nationality hospital of Guangxi province, we found that doctor Lu do accepted a telephone call from a strange woman in May or June 2006; the woman said that one of her relatives was in dire need of changing his kidney and she heard that nationality hospital had made kidney transplantation operation before. Lu answered: "Our hospital once made kidney transplantation under the direction of another hospital, but I worked in another section office at that time and did not attend the only organ transplantation operation in our hospital." The woman asked: "The kidney was harvested from Falun Gong practitioners?" Lu answered: "at that time I hadn't worked for a long time, and did not work in the related section office, so I was not clear about the source." The woman called Lu several times after that and asked him whether the kidney was from Falun Gong practitioner, Lu said he was not clear every time, and left the telephone number of one of his classmates in college who was engaging in the work of organ transplantation in Zhongshan University in Guangzhou.
Therefore, the so called "Lu went to the prison and selected organs of Falun Gong practitioners" is just a forged accusation with the intention to achieve the authors' objective.
2) In the 22nd page, the report says, "the vice chairman of Chinese Transplantation Association Shi Bingyi said, up to 2005 the total number of organ transplantation is 90 thousand, which showed that in the six years after Falun Gong practitioners was firstly persecuted (2000 to 2005), there were totally 60 thousand organ transplantation."
When receiving the interview of BBC in January 2007, Professor Shi Bingyi had clarified that he did not say such words under any occasions and knew nothing about those numbers. He strongly protests the forging and compiling work done by the authors of the report.
II. About the labor rereeducation of China in the report.
1. In the report, the authors claim that Chinese government "abducts" and imprisons Falun Gong practitioners arbitrarily through the institution of labor reeducation, and such claim is totally forged.
The labor reeducation system of China was set up according to the "Decision about labor reeducation" issued by the Standing Committee of the People's Congress in the 78th meeting in 1957 and related laws and regulations. According to these laws and regulations, labor reeducation is not criminal penalty, but a kind of administrative measure of compulsive labor reeducation for those who just slightly break law so as to maintain the social security, prevent and reduce crimes. Right now, labor reeducation camp mainly takes in persons committing stealing, bluffing, gambling, affray, defiance and affray and other crimes of disturbing the social security, and it also takes in those who take drug repeatedly, and Falun Gong practitioners are not the only reason that they are sent to receive labor reeducation.
According to the related laws and regulation of China, the decision about labor reeducation must abide by the strict legal proceedings, that is, it should be censored and ratified by the supervising committee of labor reeducation under the government of cities and provinces, and the labor reeducation camp of judicial department will take in the people according with the condition and reeducate them. If one is not compliant about the decision, he or she has the right to lodge a complaint and ask for reconsideration according to Administrative Reconsideration Law within the legal time limit after receiving the "Decision of labor reeducation". Or he or she can institute administrative lawsuit according to "Administrative Procedure Law" and ask the People's court to judge. Those who institute a lawsuit have the right to employ a counsel. Therefore, Chinese government "abducts" and imprisons Falun Gong practitioners arbitrarily through the institution of labor reeducation mentioned in the report is completely forged.
2. The so called Chinese labor reeducation camp ignoring and even arbitrarily violating the legal rights of Falun Gong practitioners is unture.
Labor reeducation camp protects the legal rights of personals under reeducation through labor. According to laws and regulations of China, personals under reeducation have the right to vote, and their dignity should not be insulted, they should not be treated with corporal punishment and torture, their personal legal property should not be violated, their relatives have the right to visit them regularly, the camp should provide accommodation for couples under reeducation so that they can live together, personals with special situation in home may visit home or take a holiday after ratification, personals under reeducation have the right to criticize the work of labor reeducation camp and bring forward suggestions, and they also have the right to complaint, accuse and impeach the illegal and duty breaching activities of the staffs of labor reeducation camp. At all times, the labor reeducation institutions always persist in carrying out the basic policy of educating and saving the personals under labor reeducation and protect their rights according to law. In addition, labor reeducation institutions make full use of legal measures such as commutation of punishment, implementation outside the camp, releasing in advance so as to educate and save them furthest. Policemen worked in labor reeducation camps carefully carry out the reeducation guideline of "education, influence and retrieval" and their relationship with personals under reeducation is just like the relationship between teachers and students, parents and children, doctors and patients, they fully respect their dignity and educate them with law and culture. With the help of labor reeducation camp, most personals who was took in because they had disturbed the society security had realized their faultiness and the harm they brought to the country and the society, and they want to come back to their normal lives. With the appreciation to the government, some of them actively assist government in transforming work and return the society with practical actions. Therefore, the so called Chinese labor reeducation camp ignoring and even arbitrarily violating the legal rights of Falun Gong practitioners is unture.
3. The accusation of the policemen in labor reeducation camp torturing and killing a large amount of Falun Gong practitioners and even live harvesting organs of Falun Gong practitioners in the repot is forged.
Chinese labor reeducation institutions are always committing themselves to execute the law with equity and civilization, strictly forbidding beating and cursing, corporal punishment, torturing personals under reeducation. There are clear regulations to the power of policemen in Chinese law and regulation, and the work of policemen in labor reeducation camps strictly abide by the law and regulation. At the same time, in order to guarantee the equity and civilization of executing law of policemen of labor reeducation camps and protect the legal rights of personals under reeducation, the charging department of labor reeducation has made very strict requirements and discipline restricts to policemen of labor reeducation camps. Policemen of labor reeducation must have relatively good cultural diathesis and certain special knowledge, they must receive post training before taking the job of labor reeducation, master the law and regulation of labor reeducation and related operation knowledge, and they must receive regular operation training during their career so as to meet the needs of their work. At the same time, "The Criminal Law of People's Republic of China", "The Police Law of People's Republic of China" and "Measures of Labor Reeducation (For Trial Implementation)" and other laws and regulations have prescribed that, beating and cursing, corporal punishment and torturing are strictly forbidden, those who break the laws and regulations should take administrative responsibility and even criminal responsibility. These laws and regulations have been well implemented during the practical work. The accusation of the policemen in labor reeducation camp torturing and killing a large amount of Falun Gong practitioners and even live harvesting organs of Falun Gong practitioners in the repot is forged.
4. The so called labor reeducation camp secretly executing Falun Gong personal under reeducation is completely forged.
All the law executing activities of labor reeducation camp are under the supervision of law and the society. According to related laws and regulations of China, labor reeducation supervising committee of all levels must strictly observe the legal system and procedure when censoring and deciding labor reeducation cases and everything is under the supervision of People's Procuratorate. At the same time, People's Procuratorate sets up procuratorate office in labor reeducation camp, which is in charge of supervising the law executing activities of labor reeducation camp. In recent years, labor reeducation camps all over the country are carrying out activities of opening up the affairs handled by them, showing the law executing bases, procedures, related regulations and law executing results to the relatives of personals under reeducation and to the society through various ways, and receiving the social supervision self-consciously. Furthermore, labor reeducation institutions carry on a special activity of "regulating the law executing action, promoting the equity of law executing", and put the task of protecting legal rights of personals under reeducation as the primary task of this activity. Through the above measures, the equity, justice and civilization of law executing are ensured, the so called labor reeducation camp secretly executing Falun Gong personal under reeducation is completely forged.
III. About the issue of prison management of our country in the report.
The department of prison carries on detaining, taking in, administering, educating and transforming works about Falun Gong criminals strictly abiding by Chinese law, which ensures the persisting security and stability in prison and effectively puts an end to criminal incidents of beating, corporal punishing and torturing "Falun Gong" criminals. The so called "in Chinese prisons, most of the political prisoners are Falun Gong practitioners" in the repot is baseless, in the crimes list in Chinese criminal law, there is no 'political prisoner'. In addition, the so called "according to the report, it is estimated that the death roll of Falun Gong practitioners under custody reaches hundreds and thousands", it is also baseless. In the second telephone memorization (Nationality hospital of Nanning City, Guangxi Province) in the appendix of the report, the so called Docter Lu says the organs used in transplantation before came from Falun Gong practitioners in prisons of Guangzhou is totally forged, because no prison in Guangzhou has such kind of cooperation between any researching institutes in the name of some university (this is also forbidden by law), and the so called the doctor coming to prison and selecting organs is contradictory to the strict procedures of prison, so ridiculous.
This report is established in the position of the evil religion Falun Gong, it neglects the truth and by making use of some exaggerated propaganda in the net of some medical institutions and the so called "telephone investigation", it draws some conclusions without any real bases. This repot is short of elementary neutrality, objectivity and accuracy.
For instance, in the report it mentions that from 1971 to 2001, there are totally 40 thousand kidney donations in China. According to our understanding, the Ministry of Health in charging of Chinese medical institutions has not done such kind of calculation; we don't know where does this number come from? Obviously, this statistic is forged, even the authors of the report cannot tell the source of this number. In addition, the so called "evidence on the net" in the repot about the accusation to the liver transplantation center of Hospital of Jiaotong University actually comes from a post from the website of SOHU. How can we believe such kind of investigation report?
The insufficiency of organ sources is a ubiquitous and the most important restrictive factor of organ transplantation in every country. The usual method in every country to solve the problem of the insufficiency of organ is to enhance social propaganda and mobilize people to donate organs volunteer on the one hand, and implement live organ donation and transplantation between family members on the other hand. China has no exception, on the one hand, we mobilize people to donate organ volunteer, and implement live organ donation and transplantation between family members on the other hand. However, we have very strict limits, that is, the live organ donator should be a citizen above 18 and with full civil capacity, and the receiver of live organ is limited to the couple, direct consanguinity or indirect consanguinity within three generations of the donator.
IV. The policy and position of Chinese government about organ transplantation
"Regulation on Human Organ Transplantation" of China has got passed in the 171st meeting of standing committee of State Department on Mar.21, 2007 and came into effect since May 1, 2007. A few days ago, the vice minister of Ministry of Health Huang Jiefu received interview of related media on the implementation of "Regulation on Human Organ Transplantation", please browse the interview through following link: http://www.gov.cn/gzdt/2007-05/08/content_607932.htm.
(Embassy of the People's Republic of China in the Republic of Singapore, July 28, 2007)