International trafficking in organs

Subject: International trafficking in organs

A recent investigation by an international task force, consisting of the FBI and the Italian police, revealed a very worrying transfer of funds from US and Canadian cities to Castel Volturno (Caserta).

According to the investigation, this money does not only come from drug trafficking and human trafficking, but also from organ trafficking. It was found that many people who arrived in Castel Volturno from Africa have since disappeared, including many minors. The suspicion is that they have fallen victim to ruthless organ traffickers. Previous investigations in Nigeria revealed that a kidney ‘costs’ 12 million naira, the equivalent of EUR 60 000. The police in Lagos have repeatedly found women being held and forced to give birth to children who are destined for the trafficking of children, the sex market, or the buying and selling of organs.

In light of the above, can the Commission say:

1) Whether it is aware of the above-mentioned facts?

2) What, if any action, it intends to take in order to combat them and to protect the lives and health of victims?

Answer given by Mr Avramopoulos on behalf of the European Commission (16 April 2019)

To the extent the references made concern trafficking in human beings: Nigeria remains the first among non-EU countries of origin for victims of trafficking in human beings registered in the EU, mainly women and girls (1). It is also the top citizenship of non-EU individuals prosecuted on trafficking grounds (2).

In its actions, the Commission focuses on the following priorities (3): disrupting the business model and untangling the trafficking chain; better access to and realise victims' rights; and intensify a coordinated and consolidated response, within and outside the EU jointly with relevant actors (4), increasing the knowledge base also via data collections on criminals and victims and ensure that EU funding matches anti-trafficking objectives, including that victims are identified and can access appropriate assistance and protection (5).

Prevention must remain the cornerstone of all action. While progress in law enforcement cooperation has been noted, the level of prosecutions and convictions remains low. In view of the significant profits associated with the crime, the Commission supports Member States’ cooperation on the use of financial investigations, the freezing, seizing and confiscating the proceeds of crime (6).

The Commission continues to encourage Member States that have not yet done so to criminalise those who knowingly use services provided by victims of trafficking.

The Commission is monitoring the correct and complete transposition of the Anti-Trafficking Directive (7) in accordance with its powers under the Treaties.

Although they can be closely linked, organ trafficking and trafficking in human beings for the purpose of organ removal are different crimes and governed by different legal instruments.

⋅1∙ Second report on the progress made in the fight against trafficking in human beings, COM(2018) 777 final, and Accompanying Staff Working Document,

SWD(2018) 473 final.

⋅2∙ Data collection on trafficking in human beings in the EU (2018): https://ec.europa.eu/home-affairs/sites/homeaffairs/files/what-we-do/policies/european-agenda-

security/20181204_data-collection-study.pdf

⋅3∙ Communication Reporting on the follow-up to the EU Strategy towards the Eradication of trafficking in human beings and identifying further concrete action,

COM(2017) 728 final.

⋅4∙ EU agencies, EU network of National Rapporteurs and Equivalent Mechanisms, and EU Civil Society Platform against Trafficking in human beings, across

Commission services and EU institutions.

⋅5∙ Comprehensive Policy Review of Anti-Trafficking Projects, https://ec.europa.eu/anti-trafficking/publications/comprehensive-policy-review-anti-trafficking-

projects_en and Commission Staff Working Document, above.

⋅6∙ Second Progress Report and Accompanying Staff Working Document above.

⋅7∙ Directive 2011/36/EU of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, OJ L 101 p. 1.