Establishing Trafficking in Human Beings for the Purpose of Organ Removal and Improving Cross-Border Collaboration in Criminal Cases

Abstract

In this short summary report on the legal definition of trafficking in human beings for the purpose of organ removal and improving cross-border collaboration in criminal cases, challenges, and recommendations in the areas of defining the crime, criminal investigation and prosecution, and cross-border cooperation are made. These are the outcomes of a working group discussion during the writers' conference of the HOTT project, a European Union-funded project against trafficking in human beings for the purpose of organ removal.

Indicators to Identify Trafficking in Human Beings for the Purpose of Organ Removal

“…We therefore encourage transplant professionals to follow the HOTT project's recommendations presented in this issue. 2 - 5 One example could involve liaising with government officials, lawyers, and police to establish national reporting codes that allow for the identification and disclosure of trafficking networks (ie, brokers, hospitals, hospital staff, and other individuals involved in trafficking) without revealing patients' identities. 6 …”

‘I’m not Sherlock Holmes’: Suspicions, secrecy and silence of transplant professionals in the human organ trade

“…Furthermore, research into prosecuted cases demonstrates that police and prosecutors struggle to gather sufficient evidence to secure successful convictions, in particular against brokers and medical doctors (De Jong, 2017). Indeed, prosecutions of those who facilitate illegal transplantations remain rare, and medical doctors in particular are immune to prosecution (De Jong, 2017; Holmes et al, 2016; Scheper-Hughes, 2003).…”

Re-conceptualizing the organ trade: separating “trafficking” from “trade” and the implications for law and policy

“…Finally, the relatively low number of convictions involving trafficking in persons for organ removal suggests that a stronger nonlegislative response to those who exploit vulnerable sellers and buyers is warranted. Organizations such as the Council of Europe and United Nations could encourage national law enforcement agencies to prioritize prosecution of international organ trafficking networks and facilitate more effective crossborder collaborations to detect and prosecute the crime [53].…”

“…Organizations such as the Council of Europe and United Nations could encourage national law enforcement agencies to prioritize prosecution of international organ trafficking networks and facilitate more effective crossborder collaborations to detect and prosecute the crime [53].…”