Asylbekova Zh.D.
KEUK,
Karaganda, Kazakhstan
TRADE OF HUMAN ORGANS
Key
words: trade of human organs, trade of organs in Kazakhstan,
“live donor”, human organs and tissues, International Conventions.
Resume: This article considers the trade of human
organs in Kazakhstan. Trade of human organs in Kazakhstan does not officially
exist, but in fact it is successfully developing business. Criminal
transplantation of human organs in the country becomes widespread. Under Kazakh
law, the transplantation of organs is allowed only with the intravital consent
of a deceased or with the consent of his relatives.
Ðåçþìå: Â ñòàòüå ðàññìàòðèâàåòñÿ òîðãîâëÿ
÷åëîâå÷åñêèìè îðãàíàìè â Êàçàõñòàíå. Òîðãîâëè îðãàíàìè â Êàçàõñòàíå îôèöèàëüíî íå
ñóùåñòâóåò, íî íà ñàìîì äåëå ýòî óñïåøíî ðàçâèâàþùèéñÿ áèçíåñ. Ïðåñòóïíàÿ
òðàíñïëàíòàöèÿ ÷åëîâå÷åñêèõ îðãàíîâ ïðèîáðåòàåò â ñòðàíå ìàñøòàáíûé õàðàêòåð.
Ñîãëàñíî êàçàõñòàíñêîìó çàêîíîäàòåëüñòâó, òðàíñïëàíòàöèÿ îðãàíîâ äîïóñêàåòñÿ
òîëüêî ïðè íàëè÷èè ïðèæèçíåííîãî ñîãëàñèÿ óìåðøåãî èëè ïðè ñîãëàñèè åãî
ðîäñòâåííèêîâ.
Ðåçþìå: Ìàқàëàäà
Қàçàқñòàíäàғû àäàì ìүøåëåð³ìåí ñàóäà æàñàó
қàðàñòûðûëғàí. Қàçàқñòàíäà àäàì ìүøåëåð³ìåí ñàóäà
æàñàó ðåñìè æүðã³ç³ëìåéä³, á³ðàқ áұë қàðқûíäû
äàìûï êåëå æàòқàí áèçíåñ. Àäàì ìүøåëåð³ìåí қûëìûñòû
òðàíñïëàíòàöèÿ åë³ì³çäå êåң åòåê
æàþäà. Қàçàқñòàííûң çàңíàìàñûíà ñәéêåñ, àäàì
ìүøåëåð³í òðàíñïëàíòàöèÿëàó òåê өëãåí àäàìíûң өëåð
àëäûíäàғû êåë³ñ³ì³ íåìåñå îíûң
òóûñòàðûíûң êåë³ñ³ì³ áîéûíøà æүçåãå àñûðûëàäû.
Trade of human bodies is illicit trafficking of
human organs and tissues resulting from the development of transplantation. It
is “a new form of crime”.
The purpose of this article is research of
trade of human bodies activity in the Republic of Kazakhstan and measures of
fight against this activity.
To prove illegal extraction of human organs and
tissues is difficult. Criminal cases on crimes of this category practically are
not present, including in Kazakhstan. Such actions by some states do not
criminalized therefore precise information about universal scales of illicit
trafficking of human organs does not exist.
However in many states of the world, lawful use
of organs of alive donors is allowed.
There is developed social system of providing medicine with “fresh
organs” where it is possible to allocate two official channels of receiving
organs and tissues for transplant:
·
gratuitous receiving organs from patient’s relatives;
·
gratuitous taking of organs from deceased persons.
For this purpose, as a rule, preliminary
special permission is required from court. In the majority of the countries it
is forbidden to use donor organs of people with mental disabilities, and also
organ donorship of prisoners - even with their consent. And in Italy, for
example, there is a special ban on import of organs sentenced to death.
Trade of human bodies in Kazakhstan is
forbidden. But business of organism’s “spare parts” blossoms, as snowdrops in
spring. Tens announcements from Kazakhstan citizens with the laconic text “I
sell a kidney” occupied domestic and Russian medical Internet forums. However
everyone who thus offers the innards for sale, risks to remain both without
money, and without “goods”.
According to an official statistician, since
the beginning of year in Kazakhstan more than two tens cases of illegal organ
transplantation are registered. However
the actual figure of similar cases can exceed called, at least, five
times. Generally people sale their own
organs from financial despair.
Officially in the republic, 3 thousand people need transplantation. According to statistics, the cost of a
healthy kidney is from $80 thousand to 100 thousand. Here is an approximate cost of organs given in sites Vesti.kz and
“Argumenty nedeli” (taking into account that usually intermediaries get the
considerable proportion of the sum), as follows: [1]
kidney is ˆ10-100 thousand.
liver is $20 — 150 thousand.
heart is $250 thousand.
pancreas is $45 thousand.
cornea of an eye is $5 thousand.
According to mass media, most cases of illegal
transplantation are connected with morgues. Criminal transplantation of human
organs gains scale character in the country. While the authorities will not
deal with this problem closely, dishonorable doctors and employees of morgues
will continue to make a profit through others grief.
However lawful transplantation does not bring
to doctors and employees of morgues any profit, in this case it is made free.
It is more favorable to them to sell illegally withdrawn organs in “the black
market” where the price for them fluctuates from the 2 to 15 thousand dollars.
The liver - is more expensive than kidneys, but much cheaper than the heart.
The majority considers that sellers of own
organism are knocked on their head with the need or greed, and general
degradation of morals exempted them from a strait jacket of reason, culture and
religion. Nevertheless kidneys are obligatory “requisite” of a human body, and
that human has two kidneys is not an occasion to hold auction to sell one of
them.
On the other hand, if to look at the organ
trade through the eyes of those who needs them, the assessment changes. Let’s tell, failure of kidneys binds man to
the hemodialysis machine for the rest of the life. And at poor quality of dialysis therapy, term of life of the
patient decreases. In such situation, a
kidney transplantation is not ideal, but the best option.
Article 169 of the “Code of the nation’s health
and health care system” outlaws all announcements of sale by Kazakhstan
citizens of the innards: “Purchase and
sale of the human tissues and (or) organs (part of organs) are forbidden”. And since we outlawed business of “human
parts”, operation on transplantation had to be made abroad. And when the donor is in a private clinic in
Pakistan or Turkey, no one is responsible not only for the promised money, but
also for his life. However, it is
rumored that it is possible to sell a kidney on an operating table in
Kazakhstan. [2]
The code of the Code of the nation’s health
explains: “... the person being with the recipient in a genetic linkage or
having with him tissue compatibility” can be the alive donor for
transplantation. In other words, this role is suitable for relative, or for a
person, which body ensures minimal risk of rejection of kidney transplants. But
hardly the foreign donor will give to the nonnative person a kidney from
altruism.
Organ trade in Kazakhstan officially doesn’t
exist, but actually it is successfully developing business. And as any illegal
sphere, commercial transplantation is surrounded with a wall of silence of
doctors and their patients. At least, our questions to domestic doctors about
mechanics of transactions on organ sale every time came across the stamping
answer: “Organ sale in Kazakhstan is forbidden”. Though the abundance of offers
of these organs from Kazakhstan citizens proves that the severity of our laws
is compensated with interest by a non-obligation of their execution. [3]
According to the Kazakhstan legislation, the
organ transplantation is allowed only in the presence of lifetime consent of a
deceased or in consent of his relatives. [4]
Import to the territory of the Republic of
Kazakhstan from the countries which aren’t members of the Customs union, and export from the territory of the Republic
of Kazakhstan to these countries of human organs (part of organs) and (or)
tissues, blood and its components, except for haematopoietic stem cells, bone
marrow in case of their movement for the purpose of carrying out unrelated
transplantation, and also samples of cells, tissues, biological liquids and
secrets, including waste products of the person, physiological and pathological
secretions, smears, swabs, washouts intended for the diagnostic and scientific
purposes or received in the course of carrying out biomedical researches, are
carried out on the basis of the licenses issued by authorized body. (Article 13
of June 21 2013 No. 107-V. Licensing of medical and pharmaceutical activity,
and also import, export of human organs (part of organs) and (or) tissues,
blood and its components.) [2]
In Mazhilis committee on November 28, 2005 by
the legislation and judicial and legal reform, work on amendments to the
Government bill on counteraction to human trade was complete.
The purpose is improvement of activity of law
enforcement bodies, prevention and fight against the crimes connected with
human trade, protection of victims of such violations of the law.
Therefore, for example, article 113 of the
Criminal code is proposed to add the position of responsibility for the
unlawful extraction of human organs and tissues, as well as transactions in
respect of human organs and tissues.
Taking into account that a high enough danger
to the public are acts involving the illegal extraction of organs and tissues
of a human corpse, the Criminal Code is proposed to be added with article 275-1
establishing responsibility for specified acts, and transactions concerning
organs and tissues of human cadaver.
In the Republic of Kazakhstan for human trade
and related crimes, responsibility by articles 113 (forcible extraction or
unlawful extraction of human organs and tissues), Part 125 of paragraph 3 “b”
(the kidnapping made for the purpose of exploitation of stolen one), Part 126
of paragraph 3 “b” (the illegal imprisonment not related to his stealing, made
for the purpose of exploitation of illegally deprived of freedom), 128
(purchase and sale or commission of other transactions concerning the person,
as well as their exploitation or recruitment, transportation, transfer,
concealment, and commission of other acts for exploitation), 132-1 (involvement
of the minor in prostitution occupation), 133 (purchase and sale or commission
of other transactions concerning the minor, and his exploitation or
recruitment, transportation, transfer, concealment, and commission of other acts for exploitation),
270 (involvement in prostitution occupation), 271 (the organization or the
maintenance of brothels for prostitution occupation and procuration of women)
of the Criminal code is provided. [2]
Steady growth of requirement for organs of live
donors is traced around the world that inevitably leads to increase in their
illegal trafficking. At the moment only in economically developed countries
about 150 thousand people need transplantation of donor organs and tissues, and
the world needs a few more times. Plus to it “absence of the appropriate
legislation” and connected with it “commercial interests, corruption and fraud”
is noted in report presented in 2006 in the UN Office on Drugs and Crime,
“create considerable preconditions” for development of human organs trade.
In the future there has to be the international
convention forbidding trade of human organs, tissues and a cellular material, it
is proposed to be developed in the Council of Europe. At the same time,
European Union structures “in obvious need to strengthen the fight against
trade in human organs” raise a question of “delivery optimization in the EU
medical centers of organs for transplantation”.
The European Commission suggests EU countries
to develop and master uniform system of the description, marking and check of
suitability for organ transplantation, hoping that such monitoring system will
lead to replacement “black dealers” from market. It is reported that “the
market of organs exists, but it, according to European Commission, has to be
not “black”, but “white””.
According to forecasts of the experts, soon
every second operation will appear transplantation. While posthumous donorship
of organs is considered as the only opportunity to provide needing patients
with the transplant help. Most radical of discussed offers is to allow live
people to give the bodies (a kidney, a liver, a lung) to transplant fund as it
becomes at delivery of donor blood.
Trade of human organs is strictly forbidden in
the majority of the countries of the world, including all developed countries.
It is forbidden by the World Health Organization (WHO) and criminal codes of
these countries. Extraction of human organs and tissues is one of types of
operation in term “human trade” definition according to the following
documents:
International Conventions
The United Nations Convention against
Transnational Organized Crime;
Council of Europe Convention on Action against
Human Trade;
Decision ¹ 557 on the OSCE Action Plan to fight
against human trade"
Agreements within the CIS
Agreement on cooperation of the Commonwealth of
Independent States in the fight against human trade, human organs and tissues;
Agreement on cooperation of the Commonwealth of
Independent States in the fight against crime;
The model law on providing assistance to
victims of human trade;
The model law on fight against human trade;
Absence of the appropriate legislation
regulating organ transplantation and commercial interests connected with it,
corruption and fraud, create considerable preconditions for development of
illegal trade of human organs.
There is an opinion that criminal
transplantation of human organs gains large-scale character. Many cases remain
unknown, both the public, and law enforcement bodies. At the same time, to
prove participation of this or that person in trade in transplants is rather
difficult. To track a chain of organ delivery, some years are necessary. However,
as long as people are more concerned about their own pocket devastated due to
crisis. They will be forced to sell all that they have... even themselves.
LITERATURE
1. Statistics
on human organ trade. Vesti.kz
2. Code of
the Republic of Kazakhstan from September 18, 2009 No 193-IV On people’s health
and the health care system
3. Auction of
human organs http://www.meta.kz/301002-aukcion-chelovecheskikh-organov.html
4. CONSTITUTION
OF THE REPUBLIC OF KAZAKHSTAN (adopted by republican referendum in August 30,
1995) (as amended as of February 2, 2011)