Base de données Jurisprudence

Traite des personnes

J.A. vs. State of Israel

Résumé des faits

Recruitment/targeting of victim:

An advertisement in Arabic in Arabic newspapers called for kidney donations and promised compensation. Consent of the victims was obtained without providing them with full medical information. The defendants recruited especially poor and uneducated victims.

Trafficking route and transportation: Two of the victims were convinced to stay for several days in the home of J.A. in Haifa (so the defendants could supervise them, limit their movements and prevent them from leaving) and were then taken to Ben-Gurion airport. The other victims were accompanied to Ben-Gurion airport. From the airport they were flown to the Ukraine, accompanied by one of the defendants' accomplices.

Details of the form of exploitation: The victims were deceived as to: the identity of J.A. (who represented himself as a knowledgeable physician), the medical dangers of the operation (they were promised the procedure was easy and would leave only a small scar) and the remuneration (they were promised $7000 - but not one received this sum). The victims S.E. and A.E. received half of the promised sum at some point and even this was later taken by the defendants and never returned. The victim A.E. received $500. The victim S.E. and W.H. didn't receive anything. Victim H.H. received $3500 and never received the rest of the money. When the victims had been taken to defendant's home, it was claimed that they owed him for rent and food. In addition to this they were not given any medical treatment upon return to Israel. They were threatened that if they complained to police they would be arrested, since what they did was an offence. Moreover, when victim S.E. demanded her money, she was physically assaulted by one of the defendants. The victims S.E., A.E., H.H. and S.S. were flown to Ukraine where their kidneys were removed. Some of them continued to suffer pain and weariness long after the operation.

The victim S.E. was a single mother, illiterate and working as a cleaner. She was invited to live in the house of J.A. for several days before the surgery. She was not allowed to leave the house alone for several days and her passport was withheld by the defendants, to prevent her from running away.

The victim A.E. was in emotional and mental distress and in conflict with his parents when he saw the advertisement. He was invited to live in the house of J.A. for several days. He was told the flight to Ukraine was a "trip" and that he would gain a lot of money. After he received the payment (half of what was promised), the money was taken by the defendants. They later charged him for "expenses" and "debts". He was left with only $500. He was then forced back to his parents’ house. The defendants threatened that the police would arrest him should he complain. He was so afraid that he didn't turn to medical treatment to remove the stitches from the surgery, but rather cut them in his own kitchen with a knife.

The victim H.H. was married, with one daughter, unemployed, in a poor financial situation and in debts. The defendant J.A. threatened that if he should complain to police, they "might arrest both of them".

The victim W.H. wished to donate a kidney due to altruistic motives. While he was told the surgery would leave only a small scar, seven months after the surgery he was continued to have pain and weariness and still unable to fully function at work.

The victim S.S. was unemployed and his financial situation was deteriorating when he saw the advertisement. The defendant J.A. assured him that the procedure was easy and harmless. On the day of his flight the defendants were arrested.

Date of arrest: 22 July 2007

Date of indictment: 12 August 2007

Language: All of the victims are Israeli citizens who belong to the Arab minority. The proficiency in Hebrew of four of them is unknown. The victim A.E. does not speak Hebrew.

Mots-clefs

Actes:
Recrutement
Transport
Transfert
Hébergement
Accueil
Moyens:
Tromperie
Abus d’autorité ou d’une situation de vulnérabilité
Fins d’exploitation:
Prélèvement d’organes
Formes de la Traite:
Transnationale
Groupe criminel organisé
Secteur dans lequel l'exploitation a lieu:
Orgue / prélèvement de tissu

Questions transversales

Responsabilité

Responsabilité pour

• Infraction consommée

Responsabilité fondée sur

• Intention criminelle

Responsabilité impliquant

• Auteur principal (d’une infraction)

Commission d’une infraction

Détails

• Produite dans un (ou plusieurs) des frontières internationales (transnational)

Pays concernés

Ukraine

Israël

Informations sur la procédure

Système juridique:
Droit commun
Décision judiciaire la plus récente:
Tribunal de première instance
Type d'Action Juridique:
Criminel / pénal

1st Instance

Court: District Court

Location: Haifa

Date of decision: 16 December 2007

 
 

Victime / Demandeurs de la première instance

Victime:
S.E.
Sexe:
Femme
Nationalité:
Israélien
Ancienneté:
32
Single mother with two daughters, no education, illiterate, working as a domestic cleaner.
Victime:
A.E.
Sexe:
Homme
Nationalité:
Israélien
Ancienneté:
21
Limited education and not fluent in Hebrew, in mental and emotional distress as a result of problems between himself and parents.
Victime:
H.H.
Sexe:
Homme
Nationalité:
Israélien
Ancienneté:
25
Married, with a child, out of work due to medical problems, debts incurred and lack of even minimal resources to feed self and family.
Victime:
W.H.
Sexe:
Homme
Nationalité:
Israélien
Ancienneté:
27
Decided to donate his kidney for altruistic motives.
Victime:
S.S.
Sexe:
Homme
Nationalité:
Israélien
Ancienneté:
28
Married, with two children, unemployed, in dire economic situation.

Défendeurs / Répondants de la première instance

Prévenu:
J.A.
Sexe:
Homme
Nationalité:
Israélien
Né/naissance:
1948
Raisonnement juridique:

1st Instance:

Conviction of J.A.: Trafficking in persons for organ removal, grievous injury, abuse of vulnerable population, obtaining something by deceit under aggravating circumstances, impersonating a doctor, using a medical title.

Verdict: 4 years of incarceration, suspended sentence of 36 months which will be imposed if the defendant violated, 3 years from his release, an offence of trafficking in persons or grievous injury and a suspended sentence of 18 months which will be imposed if he violates any other offence of which he was convicted. In addition a compensation of 15000 shekels to each of the victims (this sum was deposited in the court).

Reasoning: As a rule courts accept plea bargains reached by the parties unless they are unbalanced. In this case, the plea bargain was not considered to be unbalanced. The Court noted that this was a very complicated case, factually and legally. There was, at the time, no interpretation of the law on trafficking in persons for organ removal by the courts. The defendants reached the plea bargain at the beginning of the procedure. It was noted that important witnesses and evidence were outside the borders of Israel. Compensation of the victims was part of the plea bargain even though it did not cover all their damages and suffering.

Prévenu:
H. Z.
Sexe:
Homme
Nationalité:
Israélien
Né/naissance:
1975
Raisonnement juridique:

Conviction of H.Z.: Aiding and abetting trafficking in persons for removal of organs, aiding and abetting grievous injury, aiding and abetting obtaining something by deceit under aggravating circumstances, aiding and abetting abuse of vulnerable population.

Verdict: Incarceration of 20 months and suspended sentence of 12 months to be imposed if the defendant violates, within 3 years of his release, any offence of which he was convicted.

Reasoning: As a rule courts accept plea bargains reached by the parties unless they are unbalanced. In this case, the plea bargain was not considered to be unbalanced. The Court noted that this was a very complicated case, factually and legally. There was, at the time, no interpretation of the law on trafficking in persons for organ removal by the courts. The defendants reached the plea bargain at the beginning of the procedure. It was noted that important witnesses and evidence were outside the borders of Israel. Compensation of the victims was part of the plea bargain even though it did not cover all their damages and suffering.

Accusations / Demandes d’indemnité / Décisions

Prévenu:
J.A.
Législation/Code:
Law 1977-5737, art. 377a(a)(1) with art. 29 (4 counts) Israeli Penal Code
Détails de charges:
Trafficking in persons for organ removal
Verdict:
Guilty
Détails de charges:
Grievous injury
Verdict:
Guilty
Détails de charges:
Abuse of vulnerable population
Verdict:
Guilty
Détails de charges:
Obtaining something by deceit under aggravating circumstances
Verdict:
Guilty
Législation/Code:
Physicians Ordinance 1977-5737
Détails de charges:
Impersonating a doctor
Verdict:
Guilty
Législation/Code:
Physicians Ordinance 1977-5737
Détails de charges:
Using a medical title
Verdict:
Guilty
Législation/Code:
Penal Law 1977-5737
Détails de charges:
Attempted trafficking in persons for organ removal
Verdict:
Guilty
4 years of incarceration, suspended sentence of 36 months which will be imposed if the defendant violated, 3 years from his release, an offence of trafficking in persons or grievous injury and a suspended sentence of 18 months which will be imposed if he violates any other offence of which he was convicted.
Indemnisation des victimes:
Oui  (Up to 10,000 USD)
Prévenu:
H. Z.
Détails de charges:
Aiding and abetting trafficking in persons for organ removal
Verdict:
Guilty
Détails de charges:
Aiding and Abetting grievous injury
Verdict:
Guilty
Détails de charges:
Aiding and abetting, obtaining something by deceit under aggravating circumstances
Verdict:
Guilty
20 months of incarceration, suspended sentence of 12 months which will be imposed if the defendant violated, 3 years from his release, any offence of which he was convicted.
Indemnisation des victimes:
Non 
Amende / Paiement à l’État:
Non 

Tribunal

District Court, Haifa

Sources / citations

SC (Hi) 4044/07 Northern District Attorney v. John (Jet) Allen (Muhammad), [2007]

Office of the National Anti trafficking Coordinator, Ministry of Justice. State of Israel