AIDING AND ABETTING A MEGABUCKS RACKET
“H aving a law on the books and not implementing it has done more harm than good,” said Dr Saeed Akhtar, who is professor of urology and director of transplant surgery at Shifa Hospital in Islamabad as well as president of the Transplantation Society of Pakistan.
“The quality of transplants has gone down, while the cost has gone up. From Rs500,000 to 600,000, it now costs Rs1.5 to 2m. After all, they have to cover all the illegalities.”
The impunity with which the racket is carried out is no secret in the community of kidney specialists, both local and international.
An email dated April 21, 2016, from Dr Francis Delmonico, a world-renowned transplantation expert and executive director of the Declaration of Istanbul Custodian Group — an international initiative to address organ trafficking and transplant tourism — was scathing in its condemnation.
Referring to a 60-year-old woman who had become “acutely ill” after returning home to Vancouver after a transplant in Pakistan, he wrote: “…she had every expectation that she could buy a kidney in Pindi. Because that is the track record for Rawalpindi — everybody knows it, including the Pakistani government.”
However, the Punjab police appears unaware of the scale of the problem.
“This is frankly not an issue that is on our radar,” said Dr Haider Ashraf, DIG Operations Lahore. “Moreover, we can only look into a case on the basis of a complaint. That’s not happening, not even on the part of the health authorities.”
Several years ago, following the transplantation ordinance, law-enforcement personnel carried out some raids against facilities engaged in this outlawed practice. After that, however, a lull has descended.
According to police, although 63 people were arrested between 2013 and 2016 in Lahore district on suspicion of involvement in organ trade, only two cases are currently being investigated, one from 2014 and another that was registered this year.
As per police records, only 12 instances of illegal organ transplants have occurred since 2013 till date.
The fact is that those involved in this business are well-connected individuals who consider themselves above the law.
In 2010, a HOTA enquiry team — there was only one HOTA at the time — accompanied by police personnel, visited Al-Sayed Hospital in Rawalpindi on account of repeated claims that doctors at the facility, which is owned by a retired colonel, carried out transplants using vended kidneys. However, members of the team found themselves stonewalled.
Hospital staff told them their computer system was down so they could not share details of their transplant cases. When asked for hard copies, they said they didn’t keep any.
“Then there were six or seven big operating theatres on the premises but strangely, no operations were being performed there although we went in the daytime,” said a former member of the team. “The people there said operations take place in the evening, which was very odd.”
Despite recording their findings in a report to the health ministry, no action was taken.
Various organs of the state — including the health bureaucracy, local government, police, etc —all have a price for colluding in the racket.
An Islamabad-based urologist narrated an incident that took place a week ago.
“My colleague in Pindi was approached by what was apparently a middleman offering Rs1.6m ‘packages’ to do unrelated living donor transplants, with the proceeds to be divided between the doctor, police, HOTA, and the donor. ” Not only that, the man said he would also have FRCs — Family Registration Certificates issued by the National Database Regulatory Authority that show an individual’s family tree — prepared accordingly to show donors as being related to the prospective recipients.
A urologist at a clinic in Islamabad’s Blue Area stated in the presence of this reporter that it was possible to carry out a non-related transplant and that his nephrologist would line up everything, including the permission from HOTA.
Speaking with Dawn , Dr Faisal Masood of Punjab HOTA said:
“We don’t allow unrelated transplants. I interview the donor and recipient in each and every transplant case to ensure there is no duress or money involved.”
However, according to him, the inspection team makes scheduled, not surprise visits, and checks only “technical” matters.
When asked if Punjab HOTA had taken any action against any medical facility for carrying out illegal transplants, he said with considerable vehemence that they could only do so if a complainant came forward “with evidence” and laid the blame squarely at the door of the police who he said were bribed to keep quiet.
When asked whether Punjab HOTA was planning to take any action against hospitals about whom complaints had been received, he said that three hospitals, including Al-Sayed in Rawalpindi, and Badar and Genex in Lahore were currently “under scrutiny”. Interestingly, Al-Sayed was recognised by Punjab HOTA only this May as a transplantation facility.
There was a point when it appeared that the federal HOTA — whose mandate was later limited to the Islamabad Capital Territory — was on the cusp of achieving some real progress in the country’s transplantation programme. During 2013, while it was still engaged in policymaking on a federal level, it laid down the framework for a deceased organ donor programme: this included the development of organ procurement organisations and a national organ sharing network, with the army promising helicopters to fly out organs to wherever needed in the country.
Systems were put in place for monitoring transplantation centres through inspection teams to ensure compliance and prevent illegal transplants; and a central database was set up where cases from all around the country could be logged.
Unfortunately, helped along by the administrative disarray that hobbled many government institutions after devolution, HOTA fell prey to corruption and nepotism, the typical afflictions of bureaucracy.
Instead of strengthening the deceased organ donation programme that would have addressed the issue of organ shortage used by the pro-organ trade lobby to justify commercial transplants, HOTA became a rubber stamp for all manner of irregularities that aided and abetted the organ trade.
In 2014, a three-member official committee was constituted to look into personnel appointments made at HOTA from September 2012 to May 2013 by the Authority’s then administrator Dr Fazle Maula. (The latter was in that post until a few weeks ago.) The committee in its report dated July 3, 2014 concluded two to one in its report, “…that against the 17 sanctioned/vacant posts, 85 persons were illegally recruited and set the worst example of favouritism and nepotism.”
According to a study cited at a Harvard conference in 2008.
Annexures to the report show multiple recruitments —14 in some places — on single posts as well as appointees with educational qualifications far short of eligibility criteria.
According to a source, “Many of them were personal servants, cooks and security guards of secretaries in the Capital Development Authority. What would they know about transplants, let alone illegal transplants?” Incidentally, Dr Suleman Ahmed, monitoring officer at Federal HOTA is Dr Fazle Maula’s nephew.
On its Facebook page , Federal HOTA declares it “is committed to work against the menace of organ trade” and that it has “issued an Advisory letter to foreign office regarding provision of a mandatory certificate by foreigners visiting Pakistan that their stay in Pakistan will not involve any illegal activity such as seeking a donor for organ trade”.
The Supreme Court is currently hearing a petition about proliferating illegal transplants in the country. Proceedings have been heated, with allegations flying back and forth.
“It is not true that those who are against the trade in organs disregard people in need of kidney transplants. Such patients have a backup, which is dialysis,” said Dr Mirza Naqi Zafar, general secretary of the Transplantation Society of Pakistan. “At the same time, we also need a proper deceased donation programme.”
MNA Kishwar Zehra, who was one of the principal campaigners behind the transplantation law, has introduced an amendment in the National Assembly that would simplify the procedure for deceased organ donation from individuals who lose their lives in vehicle accidents.
As part of her research for the earlier legislation to regulate transplantation in the country and promote ethical practices, she met scores of kidney donors in villages across Punjab.
One incident still brings her to tears.
In a village close to Kot Momin, she met a woman who narrated how she sold her kidney in Islamabad.
“Did you manage to pay off your debt?” she asked her.
“No,” said the woman. “Not yet.”
Then she glanced over at her daughter next to her and said: “She’s too young right now. When she’s a few years older, I’ll sell her kidney. Maybe then we’ll be free.”