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Letter of Appeal from the AAAS Committee on Scientific Freedom and Responsibility

26 October 1998

Zhu Ronji
Premier of the People's Republic of China
Guowuyuan
9 Xihuangchengenbeijie
Beijingshi 100032
People's Republic of China

Your Excellency:

The American Association for the Advancement of Science (AAAS) is the largest organization of natural and social scientists in the United States, and the world's largest federation of scientific organizations, with 143,000 individual members and 282 affiliated groups. Our AAAS Committee on Scientific Freedom and Responsibility was formed in 1976 to protect the human rights of scientists and to deal with issues relating to scientific freedom worldwide.

We are writing to you on behalf of the Committee to express our concern regarding a 10 September 1998 article in the China Post about the availability of organs from executed Chinese prisoners. The report indicated that Taiwanese patients can make arrangements to receive kidneys taken from executed prisoners in China through an agent in southern Taiwan. The procedures are reportedly conducted in the city of Fuzhou.

It is our understanding that the use of organs from executed prisoners in China has been reported by credible international human rights organizations since 1993. Most recently, allegations about their sale resurfaced in the United States in March 1998 when federal authorities in New York City arrested two men on charges of conspiring to arrange transplants of kidneys and other organs taken from the bodies of executed inmates.

The Committee is also disturbed by reports alleging that Chinese officials time executions to meet the medical needs of organ recipients and that physicians are required to intervene to assure the viability of the organs for transport.

It is our understanding that your government has repeatedly denied the practice, claiming that ABC News coverage and a BBC documentary about the practice used fabricated footage. However, since the allegations persist, we would like to point out that, if true, the cited policy requiring the participation of medical personnel in the practice is inconsistent with their globally acknowledged moral and ethical responsibilities, including those adopted by the World Medical Association's International Code of Medical Ethics in October 1949 stating:

* A physician shall respect the rights of patients, of colleagues, and of other health professionals and shall safeguard patient confidences; and
* A physician shall act only in the patient's interest when providing medical care which might have the effect of weakening the physical and mental condition of the patient.


In addition, the World Medical Association's Declaration of Geneva, adopted in 1948 states:

* The health of my patient will be the first consideration; and
* I will maintain the utmost respect for human life from its beginning even under threat; and I will not use my medical knowledge contrary to the laws of humanity.


This policy also constitutes a serious violation of international human rights standards including basic protections provided by the Universal Declaration of Human Rights, which was adopted without objection by the United Nations General Assembly on 10 December 1948. Among the relevant provisions are the following:

* No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment (Article 5); and
* Everyone has the right to life, liberty and security of person (Article 3).


In addition, the involvement of health professionals in the extraction process violates Principle 3 of the United Nations Principles of Medical Ethics Relevant to the Role of Health Personnel, Particularly Physicians, in the Protection of Prisoners and Detainees Against Torture and Other Cruel, Inhuman or Degrading Treatment. This principle states:

* It is a contravention of medical ethics for health personnel, particularly physicians, to be involved with any professional relationship with prisoners or detainees the purpose of which is not solely to evaluate, protect or improve their physical or mental health.


If these allegations are true, we urge you to halt the practice of the retrieval of organs for transplantation from executed prisoners and urge you to institute a system of voluntary organ donation in accordance with World Health Organization guidelines.

Sincerely



Mary Gray Irving Lerch
Co-chair Co-chair
AAAS Committee on Scientific Freedom AAAS Committee on Scientific Freedom
and Responsibility and Responsibility

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