scholarly journals Understanding the challenges to investigating and prosecuting organ trafficking: a comparative analysis of two cases

2021 ◽  
Author(s):  
Frederike Ambagtsheer
Keyword(s):  
Criminal Justice ◽  
Human Trafficking ◽  
Organ Trafficking ◽  
Institutional Barriers ◽  
Human Organ ◽  
Cross Border ◽  
Successful Case ◽  
Mixed Method Design ◽  
Organ Trade ◽  
Case Outcome

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: the Netcare case, exposed in South Africa and the Medicus case, 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.

An analysis of the emerging role of social media in human trafficking

2016 ◽  
Vol 15 (2) ◽  
pp. 98-112 ◽  
Author(s):  
Campbell Fraser
Keyword(s):  
Social Media ◽  
Human Trafficking ◽  
Ethnographic Study ◽  
Organ Trafficking ◽  
Human Organ ◽  
Content Type ◽  
Online Networks ◽  
Online Social Media ◽  
Trafficking Victims ◽  
The Impact

Purpose This paper aims to explore the relationship between human trafficking brokers and trafficking victims by using examples from both the international labour and human organ trafficking industries. It proposes an evolution in the brokerage process from geographic to online networks and how this alters the nature of the relationships between parties. The study aims to expand the understanding of contemporary trafficking brokerage networks in developing areas. Design/methodology/approach The paper opted for an ethnographic study which involved living among trafficking victims in 21 developing countries during the period of 2008-2015; 17 cases are presented as exemplars of the trafficking industry environment, told from the perspective of both trafficking victims and the brokers who have profited from them. The data were complemented by commentary, which developed common themes across both labour and human organ trafficking. Findings The paper provides insights about how change in the brokerage process is brought about by the shift from geographic to online networks. It suggests that trafficking operations have learned how to use online social media and the dark Web. Moreover, it illustrates the impact of these networks on the power imbalance in human trafficking and the experience of its victims. Research limitations/implications The study is limited to labour and human organ trafficking in developing nations, but the concepts may have wider implications in other forms of human trafficking. Practical implications The paper includes implications for the development of a framework to understand the impact of online trafficking networks. Originality/value This paper fulfils an identified need to study how human trafficking networks are evolving in the digital age.

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

2019 ◽  
Vol 17 (6) ◽  
pp. 764-783
Author(s):  
Frederike Ambagtsheer ◽  
Linde Van Balen
Keyword(s):  
Qualitative Interview ◽  
Interview Study ◽  
Safe Distance ◽  
Sherlock Holmes ◽  
Human Organ ◽  
Qualitative Interview Study ◽  
Organ Trade ◽  
The Subject

This article presents the results of a qualitative interview study amongst 41 Dutch transplant professionals. The overarching aim was to acquire in-depth understanding of transplant professionals’ experiences with and attitudes towards patients who purchase kidneys. We found that transplant professionals occasionally treat patients who are suspected of kidney purchases abroad. However, they turn a blind eye to their patients’ suspected purchases. Secrecy and silence function as a tacit agreement between patients and their caregivers that keeps the subject of kidney purchase at a safe distance and allows transplant professionals to ignore its suspected occurrence. They thus participate in the building of walls of secrecy and silence in the organ trade.

China's human-organ trade highlighted by US arrest of “salesmen”

The Lancet ◽  
1998 ◽  
Vol 351 (9104) ◽  
pp. 735 ◽  
Author(s):  
César Chelala
Keyword(s):  
Human Organ ◽  
Organ Trade

The Sentence is Only the Beginning: Hiccups in the Cross-Border Execution of Judgments in the Euregion Meuse-Rhine

2021 ◽  
Vol 29 (3-4) ◽  
pp. 189-217
Author(s):  
Johannes Keiler ◽  
André Klip
Keyword(s):  
Comparative Analysis ◽  
Criminal Justice ◽  
The Netherlands ◽  
Member States ◽  
Cross Border ◽  
Criminal Justice Systems ◽  
Alternative Measures ◽  
The Cross ◽  
Preliminary Phase ◽  
Country Specific

Abstract The cross-border execution of judgments remains difficult in practice for European Member States. This article seeks to analyze why this may be the case with regard to four different modalities of sentences: (1) prison sentences and other measures involving deprivation of liberty, (2) conditional sentences and alternative measures, (3) financial penalties and (4) confiscation orders. Based on a comparative analysis, this article investigates the problems at stake regarding the cross-border execution of judgements in Belgium, Germany and the Netherlands and identifies possible causes and explanations for these. The analysis shows that impediments to cooperation may inter alia stem from differences in national law and diverging national sentencing practices and cultures and may furthermore be related to a lack of possibilities for cooperation in the preliminary phase of a transfer. Moreover, some obstacles to cooperation may be country-specific and self-made, due to specific choices and approaches of national criminal justice systems.

scholarly journals Human organ trafficking in the cyber space

Temida ◽  
2009 ◽  
Vol 12 (3) ◽  
pp. 63-74
Author(s):  
Dejan Vuletic
Keyword(s):  
Communication Technology ◽  
Technology Use ◽  
Computer Network ◽  
Cyber Crime ◽  
Information Communication ◽  
Organ Trafficking ◽  
Human Organ ◽  
Cyber Space ◽  
Accelerated Growth ◽  
New Form

The accelerated growth of the information-communication technology use brought about cyber crime as a new form of crime connected with the misuse of computer network. Human trafficking and human organ trafficking are changing in line with the state-of-art technological achievements i.e. becoming more and more characteristic of cyber space. Passing appropriate regulations at both national and international levels presents an important step in solving the problem of human organ trafficking through Internet.

scholarly journals Was Trafficking in Persons Really Criminalised?

10.14197/100 ◽  
1969 ◽  
Author(s):  
Kristiina Kangaspunta
Keyword(s):  
Criminal Justice ◽  
United Nations ◽  
Human Trafficking ◽  
Criminal Group ◽  
Trafficking In Persons ◽  
Criminal Charges ◽  
Women And Children ◽  
The United Nations ◽  
Criminal Justice Response

This paper examines the successes and setbacks in the criminal justice response to trafficking in persons. While today, the majority of countries have passed specific legislation criminalising human trafficking in response to the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, there are still very few convictions of trafficking. Using currently available knowledge, this paper discusses four possible reasons for low conviction rates. Further, the paper suggests that due to the heavy dependency on victim testimonies when prosecuting trafficking in persons crimes, members of criminal organisations that are easily identifiable by victims may face criminal charges more frequently than other members of the criminal group, particularly those in positions of greater responsibility who profit the most from the criminal activities. In this context, the exceptionally high number of women among convicted offenders is explored.

Attrition of human trafficking and slavery cases through the Australian criminal justice system

2021 ◽  
Author(s):  
Samantha Lyneham
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Human Trafficking ◽  
Justice System ◽  
Attrition Rate ◽  
Attrition Analysis

Police and prosecutors face a range of challenges while investigating, prosecuting and, ultimately, attempting to secure a conviction for human trafficking and slavery offences in Australia. In this study, investigation and prosecution data were analysed to chart the progression of matters and identify reasons for attrition. Analysis revealed an overall prosecution attrition rate of 73 percent. Attrition was most evident during the initial phases of prosecution, when the decision to lay charges was being considered. However, there was a 60 percent chance of conviction as a result of the defendant either pleading or being found guilty. Defendants were more likely to be convicted for ancillary charges (eg migration offences) than the most serious charges of human trafficking and slavery. The prosecution attrition rate for the most serious charges was 80 percent, compared to 54 percent for lesser charges.

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