Abstract
AbstractThe human organ trade is proliferating globally. However, far fewer cases have been prosecuted than would be expected based on estimates of the crime. Research exploring the challenges to investigating and prosecuting organ trafficking cases is practically non-existent. Also no studies exist that explain these challenges utilizing a criminal justice framework. This article aims to explain the legal, institutional and environmental factors that affected the investigation and prosecution of two organ trafficking cases: theNetcare case,exposed in South Africa and theMedicuscase, exposed in Kosovo. It analyzes these factors through a comparative, mixed-method design, utilizing a theoretical criminal justice framework. Both cases constituted globally operating criminal networks involving brokers and transplant professionals that colluded in organizing illegal transplants. Both cases contained human trafficking elements, however only the Medicus case was prosecuted as a human trafficking case. Legal uncertainty, a lack of institutional readiness and cross-border collaboration issues hampered investigation and prosecution of the Netcare case. The Medicus case also reported problems during cross-border collaboration, as well as a corrupt environment and institutional barriers, which impeded a successful case outcome. Recommendations to improve enforcement of organ trafficking include improving identification of suspicious transplant activity, strengthening cross-border collaboration and enhancing whistleblower protection laws.
Highlights
The global scarcity of human organs has led to an unregulated global organ market (Columb 2020; Moniruzzaman 2019)
This paper aims to improve our understanding of investigations and prosecutions of organ trafficking through the study of the Netcare -and the Medicus case
The following questions are answered: what were the modus operandi of the perpetrators in the Medicus and Netcare cases? How were the cases identified, investigated and prosecuted? What legal, institutional and environmental factors constrained or facilitated prosecution of these cases? How do prosecutions of organ trafficking compare to other types of THB cases? In addressing these questions, we rely on concepts from criminal justice theory to explain and compare law enforcement’s responses to each case
Summary
The global scarcity of human organs has led to an unregulated global organ market (Columb 2020; Moniruzzaman 2019). Official statistics are lacking, the World Health Organization (WHO) has estimated that approx. 5,000 transplants take place annually using illegally sourced organs (Budiani-Saberi and Delmonico 2008; WHO 2007a, 2007b). Global Financial Integrity ranks the organ trade in the top five of most profitable organized transnational crimes with an estimated annual profit of up to $1.7 billion (May 2017). The WHO first condemned payments for organs in its 1987 Resolution, declaring that ‘organs should only be donated freely, without any monetary payment or other reward of monetary value’ (WHO 1987). The principle of non-payment for organs has been laid down in various international instruments (Council of Europe 1997; Steering Committee of the Istanbul Summit 2008). Almost all countries prohibit payments for organs (hereafter referred to as ‘organ trade’) (Amahazion 2016; Council of Europe/United Nations 2009)
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