THE ORGANISED CRIME OF ORGAN TRAFFICKING

THE ORGANISED CRIME OF

ORGAN TRAFFICKING

CALINKA WATSON

NOVEMBER 2006

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THE ORGANISED CRIME OF

ORGAN TRAFFICKING

Completed in partial requirement of the degree

MAGISTER LEGUM

In

The Faculty of Law

University of the Free State

Department of Criminal and Medical Law

Bloemfontein

By

Calinka Watson

2003050842

2

Study Leader: Professor H. Oosthuizen

30 November 2006

Declaration

¡°I declare that the dissertation hereby submitted by me for the Magister

Legum degree at the University of the Free State is my own independent

work and has not previously been submitted by me at another

university/faculty. I further more cede copyright of the dissertation in

favour of the University of the Free State.¡±

______________________________

Signature of student

_________________

Date

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Acknowledgements

This dissertation was made possible by family and friends who have supported me

and numerous acquaintances who have been willing to assist me in recovering

beneficial information that I would not otherwise have been privy to.

Thank you to all the helpful people from Cambridge University and participants of

the 24th International Symposium on Economic Crime. Without your assistance a

very valuable survey on the organised crime of organ trafficking would not have

been possible. Thank you in particular to Prof. J.J. Henning, Prof. B.A.K. Rider,

Adv. J.H. de Bruin, Prof. C.P. v/d M Fick, Mr. S. Cassella, Miss. E. Harrington,

Mrs. G. Cummings and Mr. A. Gilbert.

Thank you, Prof. Oosthuizen, for all your patience, guidance and wisdom. Thank

you for your willingness to always be available for discussion regarding my

dissertation and for providing encouraging words of advice and many laughs.

To my family:

Meggan, Mom and Dad, I could not have completed this

dissertation without your support. To Malcolm ¨C thank you for always reminding

me that I can do anything I dream of. Thank you also for having faith in me to

succeed at everything I do ¨C you mean the world to me. Thank you all for your

much needed opinions that more often than not formed the basis of many

arguments in my dissertation. I love you all.

Thank you, Lord Jesus, for giving me courage, strength and a fighting spirit to

tackle such a controversial and complicated subject and for never allowing me to

give up.

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Table of Contents

Preface¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­ 1

Chapter 1:

1.1

1.2

Chapter 2:

2.1

2.2

2.3

2.4

Chapter 3:

3.1

3.2

3.3

3.4

3.5

Introduction¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­7

Ownership over the human body and the right to self

determination¡­¡­¡­¡­¡­.¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­. 7

Conclusion¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­.. 16

Defining important concepts¡­¡­¡­¡­¡­¡­......... 17

Introduction¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­.................... 17

Defining medical terminology¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­ 17

2.2.1 Defining brain death¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­. 17

2.2.2 Definition of organ transplantation¡­¡­¡­¡­¡­¡­.. 22

Defining organised crime, an organised crime group

and organ trafficking¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­.. 24

2.3.1 Definition of organised crime¡­¡­¡­¡­¡­¡­¡­¡­.. 25

2.3.2 Definition of organised crime group¡­¡­¡­¡­¡­¡­ 27

2.3.3 Definition of organ trafficking¡­¡­¡­¡­¡­¡­¡­¡­. 29

Conclusion¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­.. 32

Demand for change¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­ 34

Introduction¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­ 34

Why this sudden demand for change in legislation¡­¡­¡­ 34

Shortage reflected in numbers¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­.... 38

Organ shortage ¨C myth or reality?...................................... 47

Altruism versus commercialisation¡­¡­¡­¡­¡­¡­¡­¡­¡­ 49

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