Human trafficking conviction in England, in kidney case-""the consent of the person trafficked is no defense."

 The BBC has the story, which is apparently the first such conviction for kidney trafficking under Britain's anti-slavery law. Reading the previous stories, it sounds like the young man in question was being deceived.  But even informed consent apparently wouldn't be a defense under British law...

Kidney-plot politician Ike Ekweremadu jailed By Tom Symonds

"A wealthy Nigerian politician, his wife and their "middleman" have been jailed for an organ-trafficking plot, after bringing a man to the UK from Lagos.

"Senator Ike Ekweremadu, 60, and his wife Beatrice, 56, wanted a new kidney for their 25-year-old daughter Sonia, the Old Bailey heard.

"The pair and Dr Obinna Obeta, 50, were previously convicted of conspiring to exploit the man.

"It is said to be the first such case under modern slavery laws.

...

"Lynette Woodrow, deputy chief crown prosecutor and national modern slavery lead at the Crown Prosecution Service (CPS), said it had been "our first conviction for trafficking for the purposes of organ removal in England and Wales".

"She said it highlighted an important legal principle which made it irrelevant whether the trafficking victim knew he was coming to the UK to provide a kidney.

"With all trafficking offences," Ms Woodrow said, "the consent of the person trafficked is no defence. The law is clear; you cannot consent to your own exploitation."

HT: Dr. Jlateh Vincent Jappah

It's against the law in North Korea to use South Korean words

 From Radio Free Asia:

North Korea sentences 20 young athletes for ‘speaking like South Koreans’. Skaters and skiers were caught on video using banned words while playing a game during training.  By Jieun Kim for RFA Korean

"About 20 aspiring North Korean winter athletes were abruptly sentenced to three to five years of hard labor in prison camps after they were found to have used South Korean vocabulary and slang while playing a word game, sources in the country say.

"It’s the latest example of authorities imposing draconian punishments to try to stamp out use of the “puppet language” and “capitalist” influences in daily life – despite the flood of illegal South Korean dramas and songs that many North Koreans secretly watch after obtaining them on thumb drives smuggled into the country.

"The ice skaters and skiers, all high school graduates under the age of 25 from Ryanggang province, were publicly disgraced at a square in Hyesan on April 3, a resident in the city on the Chinese border told Radio Free Asia’s Korean Service on condition of anonymity for security reasons.

“Residents think that it is excessive that they were sentenced between three and five years” of hard labor, another source in the city said. “It would be impossible to count how many hundreds or thousands of South Korean movies and dramas are easily available to us.”

...

"Apparently, one of the athletes took a video of the young people playing a word game called mal kkori itgi, where the object is to make a sentence that starts with the final word of the previous player’s sentence, and some of the athletes used vocabulary that was distinctly South Korean, a second source from the same province said.

"The video was found on the phone of one of the female athletes during a random inspection raid by police of her home – a frequent occurrence in North Korea when police look for contraband – and was reported to authorities. It wasn’t clear if she had taken the video or if it was sent to her, the first source said.

...

"The North Korean government recently passed the Pyongyang Cultural Language Protection Act, which underscores that the Pyongyang dialect is the standard language, and doles out severe punishments for speaking like a South Korean, or the death penalty for teaching others how to."

Opioids and Appalachia by Sally Satel

 Sally Satel, who has treated patients in Appalachia, writes movingly of the drug addiction problem there. Here's a paragraph that sets the stage.

"The history of opioid pain relievers in Appalachia is a prime illustration of the fact that drug epidemics rarely burst onto the scene out of nowhere. Instead, they find their place in regions that are already home to an established base of individuals who abuse similar drugs. Thus illicit OxyContin, a more potent opioid, efficiently gained popularity over Percocet and Vicodin in the same way heroin would substitute for prescription opioids as the latter grew scarce after 2010."

That's from Opioids and Appalachia by Sally Satel, in the current issue of National Affairs.

The whole thing is well worth reading; here are a few more paragraphs that caught my eye.

"The churn of pills — diverting, using, and selling them — soon had eastern Kentucky, southeastern Ohio, and West Virginia pulsing with crime. Realtors routinely told home sellers not to leave pills in their medicine chests during open houses. Funeral directors and hospice nurses cautioned the bereaved not to mention in obituaries that their loved ones had succumbed to cancer — a red flag signaling that huge bottles of pills were likely on the premises. In eastern Kentucky, local law enforcement was often stymied by close ties between people within communities. Loyalty within large families and fear of retaliation by neighbors made it hard to cultivate informants and to impanel neutral juries that would convict when prosecutors proved their case.

...

"Appalachians seemed to take the corruption in grudging stride. In one survey, 90% of over 100 Kentuckians working in law enforcement, health, and community governance said the rural OxyContin problem in the early 2000s was "fueled by a cultural acceptance of drug misuse." Indeed, many residents tolerated unlawful activity, since it generated revenue for the community from sales of pills to outsiders. This happened in places like Williamson, West Virginia — dubbed "Pilliamson" — where the local Wellness Center was a hub of reckless prescribing. Cash-laden out-of-staters flocked there to buy painkillers and, in a small area near the center, trade and sell those pills.

"Pablo Escobar and El Chapo couldn't have set things up any better," wrote Eyre. "The coal barons no longer ruled Appalachia. Now it was the painkiller profiteers."

...

"Today, opioid pills are no longer pouring into Appalachia as they once did; highly lethal products like fentanyl-laced heroin, methamphetamine, and counterfeit fentanyl pills are what people are selling."

Alcohol and race in Australia

 In the U.S. we certainly have a complicated history around both race and alcohol, but in Australia there may be even more complications, as a recent (limited) ban on alcohol and aborigines is reinstated.

The NY Times has the story

Authorities Reinstate Alcohol Ban for Aboriginal Australians. The reaction to a rise in crime has renewed hard questions about race and control, and about the open wounds of discrimination. By Yan Zhuang

"Mr. Shaw lives in what the government has deemed a “prescribed area,” an Aboriginal town camp where from 2007 until last year it was illegal to possess alcohol, part of a set of extraordinary raced-based interventions into the lives of Indigenous Australians.

"Last July, the Northern Territory let the alcohol ban expire for hundreds of Aboriginal communities, calling it racist. But little had been done in the intervening years to address the communities’ severe underlying disadvantage. Once alcohol flowed again, there was an explosion of crime in Alice Springs widely attributed to Aboriginal people. Local and federal politicians reinstated the ban late last month. 

...

"For those who believe that the country’s largely white leadership should not dictate the decisions of Aboriginal people, the alcohol ban’s return replicates the effects of colonialism and disempowers communities. Others argue that the benefits, like reducing domestic violence and other harms to the most vulnerable, can outweigh the discriminatory effects.

...

"According to the Northern Territory police, commercial breaks-ins, property damage, assaults related to domestic violence and alcohol-related assaults all rose by about or by more than 50 percent from 2021 to 2022. Australia does not break down crime data by race, but politicians and Aboriginal groups themselves have attributed the increase largely to Indigenous people.

"This was a preventable situation,” said Donna Ah Chee, the chief executive of one of these organizations, the Central Australian Aboriginal Congress. “It was Aboriginal women, families and children that were actually paying the price,” she added.

"The organization was among those that called for a resumption of the ban as an immediate step while long-term solutions were developed to address the underlying drivers of destructive drinking. Ms. Ah Chee said she considered the policy to be “positive discrimination” in protecting those most vulnerable."

**********

Of course bans in one jurisdiction can have spillovers into others. Here's a story from the Australian Broadcasting Corporation:

Katherine reports rise in transient visitors since return of Alice Springs alcohol restrictions  By Matt Garrick and Max Rowley

"An outback town struggling with crime and homelessness is seeing an influx of transient visitors, which some believe is a direct impact of new alcohol restrictions in Alice Springs."

Black market orchids

 Black markets for flowers aren't as dangerous as those for drugs and guns, but they impinge on endangered species.  The Guardian has this story:

Beauty breeds obsession: the fight to save orchids from a lethal black market. Behind the scenes of its 20th orchid show, the New York Botanical Garden toils to rescue endangered plants. by Francesca Carington

"The import and export of endangered plants is regulated by the Convention on International Trade in Endangered Species of Wild Flora and Fauna (Cites). Orchids account for more than 70% of Cites-registered plants; most can be traded internationally with a permit, but for the rarest and most endangered orchids, the commercial trade in wild species is illegal.

...

"Plant trafficking takes place in a few ways. In some cases, an illegal plant is smuggled in with a batch of legal ones with appropriate Cites paperwork; in others, people pluck endangered plants from the wild and rustle them across borders in their suitcases, or, in one memorable case, by tying stockings containing 947 succulents to their body. Most of the time, however, illegal plants are simply sent in the post.

"Jared Margulies, an expert on the illegal wildlife trade and assistant professor at the University of Alabama, explains that it’s up to individual countries to enforce Cites, and plant trafficking is not always a priority. Orchids are less of a concern than narcotics, arms or even other wildlife. This is in part due to a phenomenon known as “plant blindness”, a tendency, as Margulies puts it, to “see plants as sort of the wallpaper or the backdrop to a kind of livelier animal world”.

...

"“This is not trade that’s happening in the dark web,” says Margulies. “It is happening right online in your face on Facebook, or eBay or Etsy or Instagram.” Hinsley describes vendors in Vietnam listing wild-harvested orchids for sale on Facebook Live, and YouTube videos of people unboxing shipments of unmistakably wild orchids. Her 2015 study of social media posts found that up to 46% of trade occurring in orchid groups was in wild-collected plants.

Australia legalizes medical use of psychedelics

 Scott Cunningham points out that Australia has become the first country to legalize the medical use of certain psychedelics. 

Here's the announcement from the Australian Government's Therapeutic Goods Administration (TGA)

Change to classification of psilocybin and MDMA to enable prescribing by authorised psychiatrists

"From 1 July this year, medicines containing the psychedelic substances psilocybin and MDMA (3,4-methylenedioxy-methamphetamine) can be prescribed by specifically authorised psychiatrists for the treatment of certain mental health conditions.

The Therapeutic Goods Administration (TGA) will permit the prescribing of MDMA for the treatment of post-traumatic stress disorder and psilocybin for treatment-resistant depression. These are the only conditions where there is currently sufficient evidence for potential benefits in certain patients.

Prescribing will be limited to psychiatrists, given their specialised qualifications and expertise to diagnose and treat patients with serious mental health conditions, with therapies that are not yet well established. To prescribe, psychiatrists will need to be approved under the Authorised Prescriber Scheme by the TGA following approval by a human research ethics committee. The Authorised Prescriber Scheme allows prescribing permissions to be granted under strict controls that ensure the safety of patients.

The decision acknowledges the current lack of options for patients with specific treatment-resistant mental illnesses. It means that psilocybin and MDMA can be used therapeutically in a controlled medical setting. However, patients may be vulnerable during psychedelic-assisted psychotherapy, requiring controls to protect these patients.

For these specific uses, psilocybin and MDMA will be listed as Schedule 8 (Controlled Drugs) medicines in the Poisons Standard. For all other uses, they will remain in Schedule 9 (Prohibited Substances) which largely restricts their supply to clinical trials."

*********

Scott shares a post by Shane Pennington on drugs that contrasts the Australian (medical) decision with the U.S. Drug Enforcement Agency's (legal) decision to maintain the ban on these drugs, despite the growing medical evidence (from U.S. studies, on which the Australian government relied) that psychedelics have some important medical uses.

"To support its decision, the TGA relied heavily on studies conducted in the U.S. and recent U.S. Food and Drug Administration (FDA) decisions recognizing psilocybin and MDMA’s extraordinary therapeutic potential. Around the same time, DEA shot down a petition—based on those same arguments and evidence—that Matt and I submitted on behalf of a palliative-care doctor, requesting rescheduling of psilocybin under U.S. law. The DEA’s four-sentence analysis completely ignored the same studies and FDA decisions that persuaded the Australian regulator to reschedule.  

"The dramatically different fates of these similar petitions reveal a troubling reality about U.S. drug law: Under DEA’s watch, the scientific and medical determinations of the nation’s leading public health agency carry considerable weight around the world but are often ignored at home. That revelation should terrify anyone interested in rational, evidence-driven drug policy. "

******

But the States are the laboratory of democracy: here's an earlier related post.

Sunday, November 13, 2022

Colorado legalizes magic mushroom/psilocybin therapies

Harm reduction at work in NYC's opioid crisis

 The NY Times follows some harm reduction workers through their work in New York City, including a city-sponsored safe injection facility.  Not so easy to do, and not so easy to read.

One Year Inside a Radical New Approach to America’s Overdose Crisis. By Jeneen Interlandi

"Since its official opening on Nov. 30, 2021, OnPoint has met with both praise and protest. Shopkeepers and school principals routinely thank Mr. Jones and his colleagues for their daily rounds of needle collection. But local civic groups have been furious about yet another substance abuse program in a neighborhood dense with them and have argued that, however well intentioned, the organization’s approach will only make a bad problem worse. People who are addicted to drugs need tough love and harsh consequences, they insist, not coddling. Community outreach’s mission was therefore twofold: Convince skeptics that programs like these can be a net positive for the community and persuade those with substance use disorders to accept the lifeline that OnPoint was offering."

Incarceration isn't always the best treatment for drug addiction

 Here's a NY Times editorial:

America Has Lost the War on Drugs. Here’s What Needs to Happen Next.  Feb. 22, 2023

It begins with this bit of history, and ends with a call for evidence-based solutions:

"For a forgotten moment, at the very start of the United States’ half-century long war on drugs, public health was the weapon of choice. In the 1970s, when soldiers returning from Vietnam were grappling with heroin addiction, the nation’s first drug czar — appointed by President Richard Nixon — developed a national system of clinics that offered not only methadone but also counseling, 12-step programs and social services. Roughly 70 percent of the nation’s drug control budget was devoted to this initiative; only the remaining 30 percent went to law enforcement.

"The moment was short-lived, of course. Mired in controversy and wanting to appear tough on crime, Nixon tacked right just months before resigning from office, and nearly every president after him — from Reagan to Clinton to Bush — followed the course he set. Before long, the funding ratio between public health and criminal justice measures flipped. Police and prison budgets soared, and anything related to health, medicine or social services was left to dangle by its own shoestring.

...

"Study the solutions. Leading public health agencies, including the Food and Drug Administration and the Centers for Disease Control and Prevention, failed to prevent or even adequately respond to the opioid epidemic that has engulfed the nation. But health officials can still step up. As opioid settlement funds are deployed (along with federal dollars) and harm reduction programs are begun, the C.D.C. especially should impartially study what is working and what is not. The response to this crisis should finally be based on evidence.

"The nation’s leaders are not the only ones with work to do. To fully replace the war on drugs with something more humane or more effective, the public will have to come to terms with the prejudices that war helped instill. That means accepting that people who use drugs are still members of our communities and are still worthy of compassion and care. It also means acknowledging the needs and wishes of people who don’t use drugs, including streets free of syringe litter and neighborhoods free of drug-related crime. These goals are not mutually exclusive. In fact, they go hand in hand. But to make them a reality, lawmakers and other officials will have to lead the way."

Money Laundering

 Financial regulation plays a big role in law enforcement, by helping investigators to follow the money, which is often easier than following the crimes that generate the money. So, for example, drug dealers and others have trouble turning their income (which is often in cash) into bank accounts that can be used to buy the things that legal money can buy.  Money laundering involves turning ill got gains into reportable income.  Gambling, it turns out, offers some possibilities: if I come into the casino with some cash, and come out with some cash, it's hard to prove that I'm paying tax on more than my winnings.

Here's a story that touches on that, from the WSJ:

Cantor Fitzgerald Gambling Affiliate to Pay $22.5 Million to Settle Probes. CG Technology is said to have admitted aiding and abetting illegal gambling and money laundering   By Kate O’Keeffe and Alexandra Berzon

"Cantor Fitzgerald LP’s sports-betting affiliate has agreed to pay $22.5 million in penalties and forfeiture to the U.S. government in conjunction with its involvement in illegal gambling and money laundering, according to people familiar with the matter.

...

"The agreement comes as the U.S. Treasury and Justice Departments have been increasingly focused in recent years on potential money-laundering violations at casinos. The probes generally center on how the gambling companies allegedly help to facilitate money laundering or fail to report suspicious activities.

...

"Two people who were running their own illegal bookmaking operations elsewhere laundered money through Cantor as part of this system, the people said."

Will Italy criminalize foreign surrogacy?

 It's hard to ban something that people want and need and is legally available in other jurisdictions, but it looks like Italy might try it regarding surrogacy.  Here's a story from Britain's Sunday Times:

Italian families seeking surrogates abroad could face jail or €1 million fines by Tom Kington

"Italians travelling abroad to seek surrogate mothers to start families could face jail time and a million euro fine thanks to a new bill introduced by senators close to Giorgia Meloni, the Italian prime minister.

"The proposed law, which must be approved by the Italian parliament, describes surrogacy as “an execrable example of the commercialisation of the female body and the treatment of babies as merchandise”.

...

"An Italian law passed in 2004 banned surrogate pregnancies in Italy, forcing couples to travel to countries such as the United States and Canada to find surrogate mothers."

Canada experiments with decriminalization of opioids and other drugs in British Columbia

 From the CBC:

What you need to know about the decriminalization of possessing illicit drugs in B.C.  B.C. granted exemption by federal government in November 2022; pilot will run until 2026  by Akshay Kulkarni ·

"it is no longer a criminal offence to possess small amounts of certain illicit drugs in B.C. for people aged 18 or above.

"It's part of a three-year pilot by the federal government, which granted B.C. an exemption from the Controlled Drugs and Substances Act (CDSA) on May 31, 2022. 

...

"Under the exemption, up to 2.5 grams of the following four drug types can be legally possessed:

"Cocaine (crack and powder). Methamphetamine. MDMA. Opioids (including heroin, fentanyl and morphine).

"Fentanyl and its analogues were detected in nearly 86 per cent of drug toxicity deaths from 2019 until 2022, according to the latest report from the B.C. Coroners Service."

Blasphemy in Pakistan

 How to strengthen a ban that already allows the death penalty for repugnant speech?  The NYT has the story:

Pakistan Strengthens Already Harsh Laws Against Blasphemy. Insulting Islam or its founder is already a capital offense, but now those who insult people connected to the Prophet Muhammad could get prison time. By Salman Masood

"Pakistan’s blasphemy laws, which can already mean death for those deemed to have insulted Islam or the Prophet Muhammad, can now also be used to punish anyone convicted of insulting people who were connected to him.

"The move this week by Parliament to further strengthen the nation’s strict blasphemy laws, which are often used to settle personal scores or persecute minorities, has raised concerns among rights activists about the prospect of an increase in such persecution, particularly of religious minorities, including Christians.

...

"Those convicted of insulting the Prophet Muhammad’s wives, companions or close relatives will now face 10 years in prison, a sentence that can be extended to life, along with a fine of 1 million rupees, roughly $4,500. It also makes the charge of blasphemy an offense for which bail is not possible.

...

"Taking a stand on the issue can also be dangerous, as the assassination of two senior politicians more than a decade ago made clear. In 2011, Salmaan Taseer, the governor of Punjab Province, was fatally shot by one of his own bodyguards. Mr. Taseer had been an outspoken opponent of the blasphemy laws and had campaigned for the release of Asia Bibi, a Christian convicted of insulting the Prophet Muhammad. Shahbaz Bhatti, a federal minister and a Christian who had also opposed the death sentence imposed on Ms. Bibi, was fatally shot the same year."

The trade in guns and drugs on the Mexico-US border

 It's well known that a lot of illegal drugs enter the U.S. over the border with Mexico.  Less well known in the U.S. is that a lot of guns cross illegally into Mexico over that border, destined for Mexican drug cartels.  

Here's a story from the Guardian:
How Texas’s gun laws allow Mexican cartels to arm themselves to the teeth by Sam Garcia.

"Despite Mexico’s well-documented high levels of violence, legally purchasing guns there is actually quite difficult. The nation of nearly 130 million people has a single store that can legally sell guns.

...

"Mexican foreign affairs ministry legal adviser Alejandro Celorio Alcántara estimates that half a million guns annually are purchased legally in the US and then brought into Mexico illegally. About 70% of guns seized in Mexico from 2014 to 2018 and submitted for tracing had originally come from the US, according to officials with the American bureau of alcohol, tobacco, firearms and explosives (ATF).

*******

Here's another report:

Dribs and Drabs: The Mechanics of Small Arms Trafficking from the United States

"Robust arms export licensing regimes are necessary but not sufficient for stopping small arms trafficking. Many of the traffickers studied did not apply for arms export licences or attempt to exploit licensing exemptions; they simply bypassed the licensing system entirely. At the same time, recent examples of attempted and successful diversion of authorized small arms exports highlight the continued need for rigorous licensing and post-shipment end-use monitoring.

"Arms trafficking from the United States goes well beyond gun-running to Mexico. Traffickers in the 159 cases studied shipped weapons, parts, ammunition, and accessories to at least 46 countries and foreign territories on six continents. Intended recipients of these items range from Honduran farm workers to a Finnish motorcycle gang 

"The illicit trade in parts and accessories for small arms is more significant than commonly assumed. Networks that traffic in firearms parts are among the most prolific and geographically expansive of the smuggling operations studied"

HT: Sarah Hirsch

NPR on black markets for kidneys from Nepal, for India

Here's an 8-minute video from National Public Radio about the black market for kidneys, trafficked from Nepal to India.  Some of the people interviewed indicate that they were duped; others decline to cooperate with prosecutors against the black market recruiters. A particular Indian hospital is named. Frank Delmonico makes an appearance near the end.  

(The video doesn't discuss any of the larger issues about the causes and consequences of the shortage of organs for transplant that make black markets busy and profitable, or how these might be addressed through legal and ethical efforts to increase the availability of transplants.)

.

HT: Frank McCormick

**********

Here's a post on the legal market for kidneys in Iran.

Monday, June 27, 2022

A Forum on Kidneys for Sale in Iran, in Transplant International

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Here's an article from earlier this week in the Washington Monthly

We Have to Make Organ Donors Whole. by Sally Satel, January 17, 2023 

"I’m alive because of kidney donations, but there wouldn’t be an organ shortage if we made it easier for those willing to literally give a piece of themselves. New York is taking a good first step."

*******

related earlier post:

Sunday, January 1, 2023

New York State's Living Donor Support Act (LDSA, S. 1594) was signed by Governor Hochul on Dec. 29

Two illegal (former) kidney transplant networks analyzed: the Netcare -and Medicus cases, by Ambagtsheer and Bugter

 There aren't many successful prosecutions resulting from illegal organ trafficking, despite the fact that the prevalence of illegal kidney transplants is estimated by many sources to be high.  Here's a paper that tries to understand the nature of the black market supply chain for kidneys, by examining two prosecutions that led to convictions, connected to a hospital in Kosovo and another in South Africa.

Ambagtsheer, F., Bugter, R. The organization of the human organ trade: a comparative crime script analysis. Crime, Law and Social Change (2022). https://doi.org/10.1007/s10611-022-10068-5

Abstract: "This study fills critical knowledge gaps into the organization of organ trade utilizing crime script analysis. Adopting a situational crime prevention approach, this article draws from law enforcement data to compare the crime commission process (activities, cast and locations) of 2 prosecuted organ trade cases: the Medicus case and the Netcare case. Both cases involved transnational criminal networks that performed kidney transplants from living donors. We further present similarities and differences between illegal and legal living donor kidney transplants that may help guide identification and disruption of illegal transplants. Our analysis reveal the similar crime trajectories of both criminal cases, in particular the extensive preparations and high degree of organization that were needed to execute the illegal transplants. Offenders in the illegal transplant schemes utilized the same opportunity structures that facilitate legal transplants, such as transplant units, hospitals and blood banks. Our results indicate that the trade is embedded within the transplant industry and intersects with the transport- and hospitality sector. The transplant industry in the studied cases was particularly found to provide the medical infrastructure needed to facilitate and sustain organ trade. When compared to legal transplants, the studied illegal transplant scripts reveal a wider diversity in recruitment tactics and concealment strategies and a higher diversity in locations for the pre-operative work-up of donors and recipients. The results suggest the need for a broader conceptualization of the organ trade that incorporates both organized crime and white collar crime perspectives."

***

"Although reliable figures of the trade’s scope are lacking, the World Health Organization (WHO) has estimated that approx. 5000 illegal transplants are performed annually (WHO, 2007). The organ trade is reported to rank in the top 5 of the world’s most lucrative international crimes with an estimated annual profit of $840 million to $1.7 billion (May, 2017). While illegal organ transplants have been reported to take place in countries across the globe, knowledge of the trade’s operational features remains scarce (Pascalev et al., 2016)

...

"At the time of writing, only 16 convictions involving organ trade have been reported to the case law database of the United Nations Office on Drugs and Crime, which is far less than would be expected based on global estimates of the problem (UNODC, 2022). The Organization for Security and Co-operation in Europe (OSCE) has reported 9 additional cases (OSCE, 2013). All reported cases had cross-border features and most involved the facilitation of living donor kidney transplants.

...

"In 2014 the Council of Europe established a new convention against ‘Trafficking in Human Organs’ which calls for a broad prohibition of virtually all commercial dealings in organs. Accordingly, sales that occur with the consent of donors are considered to be ‘trafficking’ regardless of the circumstances involved (Council of Europe, 2015)"

...

[Netcare]"Israeli and Romanian donors were promised $20,000 for their kidneys, the Brazilian donors were promised between $3,000 and $8,000. Most donors were recruited in Brazil by 2 retired military officers (Ambagtsheer, 2021; De Jong, 2017; Scheper-Hughes, 2011). 

Payments and reimbursements: Payments took place throughout all stages of the crime commission process. Patients paid Perry/his company up to $120,000 prior to their travel and transplant. Perry, and later also Meir, subsequently paid Netcare. Netcare in turn disbursed payments to various actors in the scheme, including the transplant surgeons and the blood bank. ... Occasionally, additional payments were made directly in cash to the surgeons by Perry, his company, or his agents. Perry also paid an escort/fixer (Rod Kimberley) and a nephrologist. Kimberley paid low-tier offenders in the scheme, including the interpreters. Kimberley additionally covered the costs of recipients’ and donors’ accommodations and he gave donors pocket money upon arrival in South Africa as an advance to their kidney payment. All donors received the promised amount in cash after their operations. 

...

"Contrary to donors in the Netcare case, none of the Medicus’ donors received the promised amount. Some did not receive payment at all but were promised payment only if they recruited new prospective kidney sellers. Withholding payments to kidney sellers in order for them to recruit new prospective kidney sellers is a tactic in organ trafficking schemes to sustain the transplant program (De Jong, 2017).

...

"The cases diverge with respect to the locations and legal embeddedness. Contrary to the Medicus case where transplants were organized in one clinic that was not licensed to conduct transplants, transplants in South Africa were facilitated in at least 5 hospitals across the country that were legally mandated to perform transplants."

Insulting the president, in Indonesia

 Sex outside of marriage, and insulting the president are to become more serious crimes in Indonesia.  (The law has a foolproof way of determining if the president has been insulted.)

The Guardian has the story:

Indonesia set to make sex outside marriage punishable by jail. MPs expected to pass new criminal code that will also make insulting the president a crime

"Indonesia’s parliament is expected to pass a new criminal code this month that would criminalise sex outside marriage and outlaw insults against the president or state institutions, prompting alarm from human rights campaigners.

"The deputy justice minister, Edward Omar Sharif Hiariej, said in an interview with Reuters that the new criminal code was expected to be passed on 15 December. “We’re proud to have a criminal code that’s in line with Indonesian values,” he said.

...

"Sex outside marriage, which under the code could be reported only by limited parties such as close relatives, could lead to up to a year in prison, while unmarried couples would be banned from living together.

...

"Insulting the president, which under the code could be reported only by the president, would carry a maximum of three years. Insulting state institutions and expressing any views counter to Indonesia’s state ideology would also be forbidden."

Marijuana legalization advances in the 2022 elections

Time Magazine published this map under the headline "Why Marijuana Had a Terrible Night in the 2022 Midterm Elections"

It doesn't look so terrible to me, so much as increasingly inevitable. The grey states on the map (where marijuana remains entirely illegal) are shrinking steadily: it doesn't appear that opponents will succeed in making America grey again.

 "Nineteen states and the District of Columbia allow recreational use of marijuana; 13 states outlaw it entirely. The rest of the states—including Arkansas, South Dakota and North Dakota—allow its use for medicinal purposes. It remains illegal under federal law."

*********

It's going to become increasingly hard for States to enforce draconian laws against something that is legal in neighboring states.  That doesn't mean that legalization is always going to go smoothly--the end of Prohibition didn't end alcoholism, and the end of marijuana prohibition won't make marijuana chemically safer (in fact competition will develop strains that are chemically more potent).  But removing legal risks from what would otherwise be uncontrolled black markets, and taking them out of the hands of criminals, still seems to have momentum.

Dismantling kleptocracy

 USAID has published a guide to combating kleptocracy--i.e. government by thieves.

DEKLEPTIFICATION GUIDE. Seizing Windows of Opportunity to Dismantle Kleptocracy

“And we’re going all in on dekleptification. Today, I’m announcing the creation of a new dekleptification guide—a handbook to help countries make the difficult transition from kleptocracy to democracy. This guide, drawn from previous democratic openings in Romania, Dominican Republic, and South Africa, provides advice to reformers on how to root out deeply entrenched corruption and technical advice on how to implement radical transparency and accountability measures, how to stand up new anti-corruption structures. Moving rapidly and aggressively in historic windows of opportunity will make these reforms harder to reverse.”  -USAID Administrator Samantha Power, remarks delivered on June 7, 2022.

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Here's the full report.

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"The Kremlin’s most common method of closing other countries’ reform windows is covertly bankrolling opposition political parties. The Russian Federation has gotten caught deploying financial interference in elections more than 100 times over the past decade.124 Until 2014, the targets were mostly limited to the former Soviet bloc. For example, Ukraine’s Orange Revolution and Georgia’s Rose Revolution ended when Russia-backed oligarchs funded pro-Russian candidates who became presidents and rekleptified the two countries.  Over the decade ending in 2014, Putin felt increasingly rebuffed by Western politicians who would not stand for his violations of the sovereignty of neighboring countries.126 His relations with the West came to a head when Ukrainians opened their dekleptification window in 2014. Since then, the Kremlin has dramatically expanded the target surface of its financial interference in elections, deploying covert foreign money all over the world, often to close windows or prevent them from opening (see Figure 7).

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"CONCLUSION The ultimate objective of dekleptification is to help nations that endeavor to adapt their social contract away from kleptocracy and toward new social norms about the government’s duties and the public’s intolerance for corruption. Such adaptations take many years or decades, sustained by virtuous circles of institutions that prove effective and popular enough to withstand efforts to undermine them and restore kleptocratic rule. Exceptional institutional and societal resilience is needed in strategically contested countries, where the influence of foreign kleptocracies and the pathways of transnational corruption provide enormous resources to corrupt elements seeking to undermine reform.

"The most important and essential precondition for a virtuous circle is very broad and highly mobilized demand throughout the society, driving powerful domestic political action that ushers in a window of opportunity to roll back kleptocracy. Amid those pivotal openings, reformers urgently call for rapid responses from the international donor community. They need everything from fastmoving funding to targeted communications to in-kind technical expertise. When deciding how to build cutting-edge institutions to deliver transparency, accountability, and inclusion, reformers benefit greatly from lessons learned during similar windows in other countries.

"This guide captures those insights. It draws from USAID experts who were on the ground during the windows of Georgia 2004-2012, Romania 2004-2018, Egypt 2011-2013, Brazil 2013-2019, Ukraine 2014-present, Guatemala 2015-2017, Armenia 2018-present, South Africa 2018-2019, Malaysia 2018-2020, Sudan 2019-2021, Moldova 2021-present, Bulgaria 2021-present, the Dominican Republic 2020-present, and Zambia 2021-present. USAID partnered with reformers who forged inclusive institutions that were radically transparent and aggressively accountable, generating models for other countries confronting kleptocracy and strategic corruption. These reformers tried to establish anti-corruption institutions rapidly enough to seize and sustain fleeting windows of political will. And they scoped the policy details to be far more transparent, independent, and inclusive than is common elsewhere. This a not apolitical and technocratic work; it requires overwhelming public demand, timely political analysis, vibrant civil society, well-coordinated donors and interagency partners, and Missions highly attuned to the fluid and intense political dynamics of dekleptification.

"This comprehensive approach to rolling back kleptocratic structures is central to the modern pursuit of development, democracy, and peace."

Decriminalizing drugs at the head of the supply chain--Colombia

 The criminalization of drugs has different consequences on different parts of the supply chain. Here's a harm reduction proposal from Columbia--the Washington Post has the story.

Colombia, largest cocaine supplier to U.S., considers decriminalizing. By Samantha Schmidt and Diana Durán 

"It’s the largest producer of cocaine in the world, the source of more than 90 percent of the drug seized in the United States. It’s home to the largest Drug Enforcement Administration office overseas. And for decades, it’s been a key partner in Washington’s never-ending “war on drugs.”

"Now, Colombia is calling for an end to that war. It wants instead to lead a global experiment: decriminalizing cocaine.

"Two weeks after taking office, the country’s first leftist government is proposing an end to “prohibition” and the start of a government-regulated cocaine market. Through legislation and alliances with other leftist governments in the region, officials in this South American nation hope to turn their country into a laboratory for drug decriminalization.

“It is time for a new international convention that accepts that the war on drugs has failed,” President Gustavo Petro said in his inaugural address this month."

Fentanyl by prescription: a Vancouver experiment

 Part of the problem of black markets, particularly for drugs (but not just for drugs) is that customers are dealing with criminals who are neither as honest nor as skilled as pharmacists. This means that drug buyers don't know what they are getting, and can overdose, sometimes fatally, when the mixture they have purchased contains drugs or quantities of drugs that they don't know about.  As fentanyl has started to show up mixed into heroin, and to replace it, this seems to have been one of the big causes of inadvertent overdoses.

In Vancouver, an experiment is underway to make drugs safer by having pharmacists dispense them, in prescribed dosages. (Not everyone thinks this is a good idea.)

The NYT has the story:

Fentanyl From the Government? A Vancouver Experiment Aims to Stop Overdoses. A city on the forefront of harm reduction has taken the concept to a new level in an effort to address the growing toxicity of street drugs.  By Stephanie Nolen

"the breadth of Vancouver’s services and interventions is almost unimaginable in the United States, less than an hour’s drive to the south. Supervised injection sites and biometric machines that dispense prescription hydromorphone dot the city center; naloxone kits, which reverse overdoses, are available free in every pharmacy; last year, a big downtown hospital opened a safer-use site next to the cafeteria, to keep patients who are drug users from leaving in order to stave off withdrawal.

"And since April, Chris... has received pharmaceutical-grade fentanyl through the dispensary, which sells to those who can pay and provides free drugs through the program’s operational budget to those who cannot.

"The new program aims to provide a safer alternative to the fentanyl available on the streets, where the supply is increasingly lethal and is responsible for most of the overdose epidemic that was declared a public health emergency here six years ago.

"Dr. Christy Sutherland, a board-certified addiction medicine specialist who set up the program, said its goal was, first, to keep people from dying, and, second, to help bring stability to their lives so that they may think about what they might want to change."