Terry Lenamon on the Death Penalty : Lawyer & Attorney Terry Lenamon on Capital Punishment Defense, Death Penalty Trials & Appeals | Law Firm

Sale of organs "illegal" in China after July 2006

In 2006, the government enacted the provisions on the "Entry and Exit of Cadavers," which officially banned the commercial sale of human organs. [136] However, the 2006 provisions failed to address the harvesting of organs from executed prisoners, leaving the 1984 order intact.[137]

The drafter of the 2006 provisions stated, "The guideline will specifically not mention the use of executed prisoners' organs, even though it's the main source of organs in China . . . . The executed prisoners' organs will not be specifically banned in this guideline or in the coming Human Organ Transplant Rule."[138]

This new legislation became effective July 1, 2006, banning the sale of human organs, requiring donors to provide written permission for the transplantation of their organs, limiting transplant surgery to certain institutions, compelling an ethics committee to review and approve all transplants in advance, and requiring institutions performing transplant surgery to verify that the organs are from legal sources. [139] The provisions attempt to regulate the transportation of cadavers.[140]

However, the provisions still provide the Chinese government with the ultimate authority on all decisions related to export matters. [141] For example, Article 8 of the provisions states, "It is strictly prohibited to trade in cadavers, and to make use of cadavers to engage in commercial activities." [142] However, Article 7 states that if Chinese customs officials are presented with a valid certificate issued by the Chinese government to approve the transport of cadavers, the body is released.[143]

In China, enacting legislation does not mean enforcing it.[144]

In China today, the reality is that the abstract principle of law is often corrupted by the wish for personal gain or the interests of the Communist Party. [145] It has been reported that organs are still being sold following this 2006 legislation.[146]

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FACDL Death Penalty Seminar, Day 3:

On Day 3 of the FACDL Death Penalty Seminar, it was my turn to speak on "Creative Motion Practice," which more accurately should be described as "Courage Under Fire."

Courage is what we, as death penalty attorneys, must muster in the face of horrible facts, a judge who loathes the client, a prosecutor who is determined to kill the client, the blood-lust of some members of society, and even the media-induced witch hunt against a client.

This is the type of courage that lawyers like Adam Tebrugge and Jose Baez demonstrate on a daily basis: Adam in the face of horrible evidence against his client, and Jose in his fight for his high-profile client.

In the face of all this, we must find the strength to file even those motions that we know will not be granted. We must do this, not only for the sake of due process and justice, but because sometimes, just sometimes, those motions are granted, and we win.

When the odds seems insurmountable and the outlook is bleak, we need to reach down deep inside and find the courage to write and argue one more time.

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