Crimes Of Human And Organs Trafficking And Their Penal Provisions In UAE Most of the countries of the world abide by international agreements such as the Protocols which Prevent, WhatsApp: +971555570005
Crimes of human and organs trafficking and their penal provisions in UAE
Most of the countries of the world abide by international agreements such as the Protocols which Prevent, Suppress and Punish human Trafficking especially women and children, United Nations convention against organized crime, the convention on forced or compulsory labor of the International labor organization, the convention on the rights of children, the International convention on the protection of the rights of all workers and migrants and their families workers, Of international agreements that emphasize basic human rights such as the human right to live, work, justice, equality and the lifting of injustice and suffering.
Humanity thought that it had completely eliminated slavery, but this did not happen, as slavery is manifested in various ugly forms and took many names, human trafficking is the broad title of this slavery, which according to the law, includes several types of exploitation, including sexual exploitation, exploitation of the prostitution of others, or forced labor. Forced removal of organs or services, enslavement or begging or practices similar to slavery or servitude.
The UAE legislator defined the crime of human trafficking and defined its multiple aspects in Article 1 bis 1 of Federal Law No. 1 of 2015 on combating human trafficking crimes. Which reads as follow:
1. Whoever commits any of the following shall be deemed a perpetrator of a human trafficking crime:
A. Selling persons, offering persons for selling or buying, or promising the same.
B. Soliciting persons, employing, recruiting, transferring, deporting, harboring, receiving, receiving or sending the same whether within the country or across the national borders thereof, by means of threat or use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or of position, taking advantage of the vulnerability the person for the purpose of exploitation.
C. Giving or receiving of payments or benefits to achieve the consent of a person having control over another person for the purpose of exploitation of the latter
2. The following shall be deemed human trafficking, even if the same does not incorporate the use of any of the means provided in the previous Paragraph:
A. Recruiting a child, transferring, deporting, harboring or receiving the same for the purpose of exploitation.
B. Selling a child, offering the same for selling or buying.
3. Under this Article, exploitation includes all forms of sexual exploitation, engaging others in prostitution, servitude, forced labor, organ-trafficking, coerced service, enslavement, mendicancy, and quasi-slavery practices.
Thus, the legislator has defined all aspects of human trafficking and has specified its punishment in Article (2) which reds as follow:
” Whoever commits any of the human trafficking crimes provided for in Article (1) bis of this Law shall be punished by temporary imprisonment for a term of no less than five years, and a fine of no less than one hundred thousand AED. The penalty of life imprisonment shall apply in any one of the following cases:
1. If the victim is a child or a person with disability.
2. If the act is committed by threat of murder or grave harm or involved physical or psychological torture, or if the perpetrator was armed.
3. The perpetrator of the crime has created or assumed a leading role in an organized criminal gang, has been a member therein or participated in the actions thereof while being aware of the purposes of such gang.
4. The perpetrator is the spouse, a relative, antecedent, descendant, or guardian of the victim.
5. If the perpetrator is a public servant, or assigned to public service, where he exploited the occupation or assignments thereof to commit the crime.
6. If the committed crime is trans-national.
7. If the victim has been inflicted, as a result of the crime, with an incurable disease or permanent disability.
Trafficking is the third largest criminal trade in the world after the drug and arms trade, which has unprecedented profits in history and trafficking involves other illegal acts such as threats, use of force and other forms of coercion or fraud.
And with regard to the human organs trafficking, it’s a form of human trafficking and a crime punishable by law, began in the early 1970s when medical development led to the transfer of human organ transplants from experimental stage to practical application stage, where organs are donated in exchange for rescue a person’s life and that is considered to be Humanitarian and an act of kindness.
The process of selling and buying human organs is illegal and is a crime in the eyes of the law and here is the difference between donation and organ trafficking, the sale of organs has been active because the need for these organs is greater than what’s provided by organ donation from living people or people who died recently, so a black criminal trade has arisen that exploits the patients’ need for organs and exploits the poverty and destitution of donors.
Federal Law No. 5 of 2016 regulating the transfer and transplantation of human organs, which allows specialized doctors to perform organ removal from the body of a living person or deceased body and implanted it into the body of another living person for the purpose of treatment to preserve his life in accordance with the conditions and procedures provided for in this law, A person may donate or recommend an organ of his body for donation and stipulate that the donor or the testator must be fully competent by law. The donation or will be made by a written declaration signed by him and witnessed by two fully competent witnesses.
The organs may be removed from the body of a deceased person, on condition of obtaining the consent of the closest relative to the deceases even from the second degree person to the second degree. If the relatives are in one order, the majority of them must agree. In all cases, the approval must be written, under the following conditions:
1. Transfer shall be made only after death is proven.
2. Death shall be proven by a committee composed of three specialized physicians, one of them is specialized in the nervous diseases, provided that the surgeon in charge of performing the organ and tissue transfer operation, owner or a partner of the health facility in which the operation is carried out shall, at the time of preparing the medical report, not be a member of the committee.
3. The donor shall, while he was alive, not expressly declare his rejection to donate his organs or tissues.
4. He shall declare his desire to donate in accordance with the provisions of Section (16) hereof, failing which consent provided for in Section (17) hereof shall be obtained.
5. Transfer shall be made in a manner taking into account not to abuse the corpse.
Article (5) paragraph (1) of the prohibitions which states that: Buying or selling the whole or part of human organs or tissues by any means or receiving any return for it is banned.
Law No. 5 of 2016 regulates the removal of organs from a living or deceased person and transplanting them into another living body for treatment, as well as between the terms of organ donation and the conditions for the transfer of organs from a deceased person. as well as clarifying the terms of organ donation and conditions for the transfer of organs from a deceased . It also prohibits the sale and purchase of organs and provides for the punishment of anyone who contravenes This law shall be punishable by imprisonment and a fine of not more than (30,000) thirty thousand dirhams or one of these penalties and double the penalty in the case of recidivism within two years from the date of the final judgment issued in the first crime.
On the other hand, the importance of the communications and information revolution has provided many modern and secret ways to promote human trafficking, including forced labor, sexual slavery, sexual exploitation for profit, forced marriage, and the sale of organs.
Therefore, the UAE legislator has constantly updated the laws to keep pace with time and to confront the new crimes, the perpetrators used information technology to display their products resulting from the exploitation of human beings and healthy human organs such as heart, kidney, liver, morrow and blood.
The Federal Law on Combating cybercrimes of the United Arab Emirates No. 5 of 2012 defines the penalty for the crime of establishing or managing a website or publishing information with the intention of trafficking in humans or human organs, in Article No. 23 which reads as follow:
” Shall be punished by temporary imprisonment and a fine not less than five hundred thousand dirhams and not in excess of one million dirhams or either of these two penalties whoever establishes, administer or runs a website or publishes information on a computer network or any information technology means for the purpose of trafficking in humans or human organs or dealing in them illegally “.
The dark Internet is a fertile breeding ground for human trafficking and human organs, where it is difficult to track, monitor and work in complete secrecy without being disturbed or monitored by the security authorities. The Dark Internet or Dark Web is part of the dark Internet or deep web.
This black network lies in the non-indexed sites, which are impossible to access through ordinary browsers such as Chrome and Firefox and famous search engines such as Google and Yahoo, which only display the external content of the network, or the equivalent of (16%) of the content of the internet. And there are browsers of the dark and famous web and the most famous one is “Thor”, which allows users to browse and use search engines for the dark web through complex systems without supervision or accountability
The poverty and material distress of victims of human trafficking and organs trafficking on the one hand, as well as the proliferation of organized criminal gangs and the use of the dark web on the other, hand have led to the proliferation of these crimes and have become transnational crimes and a global trade to enslave humans and rob their lives and organs.
Therefore, we must raise the awareness about these crimes, and legal legislations must be enacted to criminalize those responsible and intermediaries involved in them and to protect the victims of human trafficking by providing them with financial, psychological and legal support. The countries of the world should also cooperate in exchanging information on these crimes to reduce them and prevent its expansion..
In the United Arab Emirates, various legislation to combat human trafficking has been enacted in a way that deter committing such crimes.
Attorney / Mohamed Al Marzooqi
Mohamed Al Marzooqi advocates & Consultancy
Lawyer in Abu Dhabi, Dubai – UAE