Health

Azerbaijan Moves To Ratify Organ Trafficking Ban

As parliament considers a landmark international convention, Azerbaijan faces new challenges and opportunities in reforming its organ donation and transplant system.

6 min read

On February 18, 2026, the city of Khankendi in Azerbaijan was buzzing with anticipation. At the Faculty of Arts at Garabagh University, students, faculty, and guests gathered for the much-awaited return of AnewZ Talks, a discussion series known for tackling the country’s most pressing cultural and educational topics. The new season’s opening episode, recorded in the heart of this historically significant city, couldn’t have come at a more pivotal time for Azerbaijan—especially as the nation stands on the brink of major changes in its medical and legal landscape.

The episode’s panel brought together three influential voices from different walks of Azerbaijani life. Nargiz Gozalova, a Bachelor’s student in Medicine at the Faculty of Medicine and Health Sciences, shared her perspective as part of the next generation of healthcare professionals. Türkar Gasimzade, Dean of the Faculty of Arts and a respected composer, offered insights into the role of artistic creation and cultural identity in shaping society. Rounding out the trio was Dr. Samir Babayev, Director General at Garabagh University Clinic and Dean of the Faculty of Medicine and Health Sciences, who spoke about leading beyond comfort zones and redefining success in medicine. Their conversation, as host Katie Wilson noted, was “driven by ideas, character and curiosity, where interesting people meet important conversations, beyond titles and awards.”

But as the panelists reflected on the evolving landscape of education, culture, and medicine in Azerbaijan, a parallel transformation was unfolding in the country’s legal and medical frameworks. Just months earlier, on October 30, 2023, President Ilham Aliyev had signed the Council of Europe Convention against Trafficking in Human Organs (CETS 216), signaling Azerbaijan’s intention to join this landmark international agreement. Now, as the ratification process moves to the Milli Majlis (parliament), the nation faces not just a legal obligation, but a societal reckoning with the ethics and logistics of organ donation and transplantation.

So what does this convention actually require? According to the Council of Europe’s documentation, the agreement—signed on March 25, 2015, and enforced since March 1, 2018—is the only international treaty devoted entirely to combatting organ trafficking. As of January 2025, only 15 countries had ratified it, a fact that both highlights its importance and underscores the challenges in achieving widespread international cooperation. The convention’s goals are ambitious: prevent organ trafficking, protect victims’ rights, and foster national, regional, and international collaboration.

The rules are strict. Participating states must criminalize the removal of human organs without proper consent or for financial gain. This includes not only the act of removing organs from living or deceased donors without their consent, but also providing material benefits to donors or third parties. Crimes under the convention range from using or implanting illegally removed organs to facilitating such acts through logistics or medical services. According to research by the International Committee of the Red Cross, the convention establishes criminal liability for all participants in trafficking networks—except for donors and recipients themselves. That means intermediaries, medical professionals, and even logistics companies can be held responsible.

However, there’s a catch. The convention’s jurisdiction is limited to the territory of participating states and their citizens. As noted by the Red Cross, this leaves gaps where crimes committed in non-participating countries can go unpunished, allowing traffickers to slip through the cracks. To address this, the agreement also provides for the creation of national monitoring committees and encourages robust international cooperation, including information sharing and joint investigations.

How does Azerbaijan’s current system measure up? The country’s 2012 law “On the Donation and Transplantation of Human Organs and Tissues” already regulates the procedures for organ removal, storage, and transplantation. A presidential decree on December 8, 2020, established a Coordination Centre for Organ Donation and Transplantation under the Ministry of Health, tasked with building a unified state database and maintaining the waiting list. The system operates on a principle of voluntariness—would-be donors must obtain a donor card and formally confirm their consent.

Despite these measures, the numbers paint a sobering picture. In February 2025, Azerbaijan performed its first-ever post-mortem transplant using organs from a donor diagnosed with brain death, an achievement described by the Ministry of Health as the first of its kind in the Caucasus region. Yet between 2023 and 2025, only about 100 people applied to become post-mortem donors, a figure that has shown little growth. In 2024 alone, more than 600 patients sought organ transplants, while the waiting list was six times larger than the number of available donors. The shortage is stark, and it’s clear that more needs to be done to foster public trust and increase donor participation.

Legal enforcement remains a challenge. Article 137 of Azerbaijan’s Criminal Code criminalizes the illegal buying, selling, or forced removal of organs, but the prescribed punishment—a fine or imprisonment for three to five years—has been criticized as too lenient. In 2023, the Council of Europe’s Group of Experts on Action against Trafficking in Human Beings (GRETA) recommended that Azerbaijan strengthen its penalties and improve the recognition of victims. The report also highlighted insufficient training among judges and prosecutors and called for better protection and support for victims.

One high-profile case from 2017 illustrates the difficulties of prosecuting such crimes. Charges were brought against an Iranian doctor as part of an international human trafficking case, but Iran refused extradition, and the investigation stalled. Other suspects remain at large in Pakistan and Georgia, underscoring how the lack of international cooperation can stymie justice.

Ratifying the Council of Europe convention is expected to bring sweeping changes. First, Azerbaijan would be required to toughen its criminal legislation, banning any form of material compensation for organ donation and classifying clandestine removal, transport, and sale of organs as serious criminal offenses. Victims would be entitled to urgent medical and psychological assistance, the restoration of their rights, and protection from prosecution—addressing the current gap where victims of illegal organ removal are not recognized as victims of human trafficking.

International cooperation would also be expanded. The convention provides mechanisms for mutual legal assistance, extradition, and joint investigations, which could help prevent situations like the stalled 2017 case. Increased transparency and ethical standards may also boost public trust and encourage more people to become donors. By aligning with this authoritative international instrument, Azerbaijan could participate in broader initiatives to address the donor shortage, such as cross-border organ exchange programs.

Still, experts caution that significant work remains. Changes to the Criminal Code, stronger victim protection, better training for medical and law enforcement personnel, and systematic public awareness campaigns are all needed. As Türkar Gasimzade remarked during the AnewZ Talks episode, “Artistic creation and cultural identity play a crucial role in fostering a sense of belonging and community.” That sense of community will be essential as Azerbaijan seeks to build a more ethical, transparent, and effective organ donation system.

As the country stands at this crossroads—embracing new legal standards while nurturing the next generation of medical and cultural leaders—the conversations happening in Khankendi and Baku alike are shaping a future where trust, cooperation, and compassion will be just as vital as laws and protocols.

Sources