Case Law Database

Trafficking in persons

Case No. 2454/2009

Fact Summary

The defendant met a person named Yehia who coerced him to sell his kidney for 1500 dollars. The defendant traveled to Iraq with Yehia, who confiscated the defendant’s passport upon arrival, gave it to a man named Talal, and received 500 dollars in return. Talal then took the defendant to Al-Khayyal Hospital in Baghdad and performed a surgery to remove his left kidney.  Once the defendant returned to Jordan, he found 500 dollars in his bank account.

Later, Yehia met with the defendant and asked him to accompany two men to Iraq to sell their kidneys. The defendant accompanied the two men to Iraq, took them to Talal, and received 300 dollars in return.  While the defendant was in Iraq, the 300 dollars was stolen. The defendant was forced to return to Jordan without money and had to leave his passport in Iraq. At a later date, the defendant falsely notified the Security Center that his passport was lost. As a result, he was referred to the Anti-Corruption Directorate and was prosecuted.

The acts he committed, including selling his kidney and convincing three persons to sell their kidneys for 1300 dollars, are prohibited in Articles 10 and 4/c of the Jordanian Law on the Utilization of Human Organs. In addition, leaving his passport with the driver is prohibited under Article 18/b of the Passports Law.

The Court sentenced the defendant to one year in prison for each act committed offences under Articles 10 and 4/c of the Law on the Utilization of Human Organs.  The defendant was also sentenced to 6 months in prison for violating Article 18/b of the Passports Law.

Author:
The Protection Project

Keywords

Trafficking in Persons Protocol:
Article 3, Trafficking in Persons Protocol
Article 5, Trafficking in Persons Protocol
Acts:
Recruitment
Transfer
Receipt
Means:
Threat or use of force or other forms of coercion
Purpose of Exploitation:
Removal of organs
Form of Trafficking:
Transnational
Sector in which exploitation takes place:
Organ/tissue removal

Cross-Cutting Issues

Liability

... for

• completed offence

Offending

Involved Countries

Iraq

Jordan

Defendants / Respondents in the first instance

Number of other accused:
1
Defendant:
R.H.H.A.
Gender:
Male
Nationality:
Jordanian

Charges / Claims / Decisions

Defendant:
R.H.H.A.
Charge:

Trafficking in persons type of offence

Legislation / Statute / Code:

Articles 10 and 4/c of the Law on the Utilization of Human Organs

Charge details:

Donating an organ in exchange for money

Verdict:
Guilty
Legislation / Statute / Code:

Article 18/b of the Jordanian Passports law

Charge details:

Violation of passport law

Verdict:
Guilty
Term of Imprisonment:
3 years 6 Months