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RR RUEHKW
DE RUEHWR #0538/01 0651618
ZNR UUUUU ZZH
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FM AMEMBASSY WARSAW
TO RUEHC/SECSTATE WASHDC 3430
INFO RUEHTH/AMEMBASSY ATHENS 0108
RUEHRL/AMEMBASSY BERLIN 0921
RUEHSW/AMEMBASSY BERN 0875
RUEHSL/AMEMBASSY BRATISLAVA 1390
RUEHBS/AMEMBASSY BRUSSELS 1011
RUEHBM/AMEMBASSY BUCHAREST 0606
RUEHCH/AMEMBASSY CHISINAU 0185
RUEHCP/AMEMBASSY COPENHAGEN 1538
RUEHHI/AMEMBASSY HANOI 0080
RUEHHE/AMEMBASSY HELSINKI 1570
RUEHKM/AMEMBASSY KAMPALA 0029
RUEHKV/AMEMBASSY KYIV 0041
RUEHLO/AMEMBASSY LONDON 0613
RUEHMD/AMEMBASSY MADRID 0131
RUEHSK/AMEMBASSY MINSK 3451
RUEHMO/AMEMBASSY MOSCOW 2606
RUEHNR/AMEMBASSY NAIROBI 0101
RUEHPG/AMEMBASSY PRAGUE 3295
RUEHRA/AMEMBASSY RIGA 1525
RUEHRO/AMEMBASSY ROME 0928
RUEHSF/AMEMBASSY SOFIA 0987
RUEHSM/AMEMBASSY STOCKHOLM 3011
RUEHTL/AMEMBASSY TALLINN 5525
RUEHTV/AMEMBASSY TEL AVIV 1479
RUEHKO/AMEMBASSY TOKYO 0421
RUEHVI/AMEMBASSY VIENNA 1261
RUEHVL/AMEMBASSY VILNIUS 6834
RUEHYD/AMEMBASSY YAOUNDE 0002
RUEHKW/AMCONSUL KRAKOW 1604
RUEAWJB/DEPT OF JUSTICE WASHDC
RHMFIUU/HOMELAND SECURITY CENTER WASHINGTON DC
RUEHC/USDOLABOR WASHDC
RUEATRS/TREASURY WASHDC
UNCLAS SECTION 01 OF 17 WARSAW 000538
SIPDIS
SIPDIS
SENSITIVE
DEPT PASS USAID
G, INL, DRL, PRM, IWI, EUR/PGI
G/TIP FOR MEGAN HALL
EUR/NCE FOR BART PUTNEY
E.O. 12958: N/A
TAGS: KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB
PL
SUBJECT: POLAND: SEVENTH ANNUAL (2007) TRAFFICKING IN
PERSONS REPORT SUBMISSION
REF: 06 STATE 202745
1. (SBU) Following are responses keyed to questions in
paragraphs 27-31 of REFTEL. Embassy point of contact
is Political Officer Daniel Gedacht (telephone: 48-22-
504-2621, fax 48-22-504-2613, e-mail
GedachtDC@state.gov). POLOFF (FO-04) spent 45 hours
collecting data and compiling report; one political
locally engaged staff member spent a total of 45 hours
collecting data.
2. (SBU) OVERVIEW: Answers keyed to para 27 of REFTEL
27A. Poland is a country of origin, transit and
destination for trafficking in persons. The main
groups at risk are unemployed women, women from the
poorest regions of Poland, and victims of domestic
violence. Some trafficking occurs within Poland's
borders, but most cases involve women and children
being trafficked to, from, or through Poland. The
illicit nature of trafficking in persons makes it
difficult to determine the number of victims,
particularly those of Polish citizenship, and
estimates vary substantially. The main sources for
information and statistics contained in this cable are
international and local non-governmental organizations
(NGOs), UN officials, OSCE/ODIHR contacts, and Polish
officials, including those in the Ministry of Foreign
Affairs, Ministry of Interior Affairs and
Administration, Ministry of Justice, Border Guards and
National Police. All of these have proven to be
reliable sources.
27B. Since Poland joined the European Union in 2004
there has been a notable rise in trafficking of Polish
men and women to EU countries for forced labor.
Persons are trafficked to and through Poland from
countries to the east and southeast, primarily
Ukraine, Moldova, Belarus, Bulgaria, Romania,
Lithuania, and Russia. There are also growing reports
of Vietnamese nationals, along with small but notable
numbers of Cameroonians, Somalis, and Ugandans being
trafficked into, within, and through Poland. Ukraine
continues to serve as the greatest source of persons
trafficked through Poland, with Moldova also serving
as a substantial source. Poles and foreigners are
trafficked to Western Europe, especially Austria,
Belgium, Denmark, Germany, Greece, Italy, the
WARSAW 00000538 002 OF 017
Netherlands, Spain, and Sweden, as well as to Japan
and Israel. Police statistics based on arrests and
other direct contacts indicate that about 30 percent
of the 7,300 prostitutes known to be working in Poland
are of foreign origin. Most trafficking involves
women trafficked into the sex trade, however, police
and NGO experts estimate there is a growing percentage
of victims forced to work in agricultural or other
menial trades, a fact highlighted by two high-profile
cases in 2006 of organized trafficking rings of Poles
for forced labor (para 29J).
Political will to combat trafficking in persons
remains strong; during the year the government
allocated approximately $130,000 from the national
budget to implement the National Anti-Trafficking
Action Plan developed by the Interagency Anti-
Trafficking Working Group (the " Interagency Working
Group.") NGO experts report that their cooperation
with the government continues to improve.
Victims are trafficked to Poland primarily for work in
"massage parlors" and "escort agencies," i.e.,
brothels. However, there have also been documented
cases of victims forced to work in agriculture, in
sweatshops and forced to beg on the streets. Victims
in the sex trade are forced to work as nude dancers or
prostitutes, and are often deprived of their passports
and identity papers, and threatened with violence. In
the case of forced prostitution, victims failing to
service a minimum number of clients each day may
suffer physical abuse. Police estimate 750 "escort
agencies" operate in Poland, with approximately 3,500
women working in them. Press and NGO sources,
meanwhile, put the number of women working in all
elements of the sex industry in Poland at anywhere
from 18,000 to 20,000.
Traffickers in Poland target young, unemployed or
poorly paid Polish women for the sex trade, and poor
men and women for labor. They focus on individuals
with poor family ties and weak support networks.
According to the NGO La Strada, 80 percent of Polish
victims are under 24 years of age. Traffickers
approach young victims with promises of lucrative jobs
in Western Europe as domestic workers, dancers, cooks,
agricultural laborers, or wait staff. The victims are
told that their handlers will take care of all
documentation and are asked to turn over their
WARSAW 00000538 003 OF 017
passports. While some of the victims may know they
are involved in an illegal employment ploy, most do
not realize that they will be performing forced sexual
services or labor. A second method of recruitment is
for a trafficker, usually residing permanently outside
Poland, to feign emotional involvement and persuade
his future victim to visit him abroad. In both cases,
victims are subsequently detained and forced into
prostitution through threat, blackmail or violence.
Often, traffickers are connected with organized crime
syndicates. If a victim is transported with
documentation, they travel by train or car; if
illegally, they are hidden in trucks or cars, or walk
across unguarded borders.
27C. There are no limitations on Poland's law-
enforcement activities, but government efforts on
education and victim assistance have been primarily
carried out by NGOs using increasing amounts of local
and national government funding along with foreign
government funding. According to the coordinator of
the Interagency Working Group, officers from various
government agencies were trained in identification of
trafficking victims and victim assistance in all of
the 16 Polish provinces during the year. All incoming
National Police are reported to receive basic
instruction on the subject. Police and border guards
participated in joint training exercises with the
United States, Great Britain, and Ukraine, and GOP
officials welcome victim assistance and other advanced
training programs.
Poland's criminal code outlaws human trafficking, but
does not specifically define it. NGOs, law
enforcement, and prosecutors generally use the 2001
Palermo Protocol definition in addressing human
trafficking; however NGOs claim that the absence of
such a definition in national law is problematic
because prosecutors and especially judges are not
sufficiently well informed or aware of the offense.
The Interagency Working Group ranks amending the
criminal code to incorporate the Palermo Protocol
definition as a major priority of the National Action
Plan for 2007-2008.
Proper identification of victims of trafficking is
another problem. Despite increased training efforts
for police and border guards, countless victims are
not properly identified. To address this, Warsaw
WARSAW 00000538 004 OF 017
University's Human Trafficking Studies Center prepared
a questionnaire to aid the identification of victims,
and a six-month trial is underway in four provinces
during the first half of 2007.
The GOP has increased its trafficking awareness
program through posters and billboards, as well as by
financially supporting NGOs to produce such materials.
The high-profile Italian forced labor case (para 29J),
in which over 300 Poles were held in forced labor
camps, with and the whereabouts of at least nine
Polish nationals still unknown, may have had an impact
on changing the publicQs attitude.
27D. During the year, the Interagency Working Group
produced a report that summarized the governmentQs
implementation of the 2005-2006 National Action Plan.
The National Police Public Affairs Unit informs the
public systematically about its efforts and publishes
its trafficking statistics annually on its website.
The National Prosecutor's Office of the Ministry of
Justice maintains records of investigations and legal
actions taken against traffickers, and works closely
with provincial and local prosecutors to ensure
accurate reporting. In addition, La Strada works with
the Polish government to document cases.
3. (SBU) PREVENTION: Answers keyed to paragraph 28 of
REFTEL
28A. Polish government officials at the highest levels
acknowledge the seriousness of the trafficking problem
in Poland, and are taking action to address the
problem. In January the Interagency Working Group
adopted the National Action Plan for Combating and
Prevention of Human Trafficking for 2007-2008, which
follows on and strengthens the previous Plans from
2003-2004 and 2005-2006.
28B. The National Action Plan was developed by the
Interagency Working Group composed of high-level
representatives of 12 government agencies, academics
and NGOs (Ministries of Interior and Administration,
Foreign Affairs, Education, Labor and Social Policy,
and Justice; Border Guards and National Police; NGOs
Caritas, La Strada, and Nobody's Children, and the
University of Zielona Gora). The National Program is
a strategy document that seeks to coordinate the
efforts of various GOP and private sector entities
WARSAW 00000538 005 OF 017
involved in combating trafficking. The Ministry of
Interior has the lead in coordinating the working
group's activities. The GOP allocated approximately $2
million to the National Action Plan for trafficking
victim's assistance. Outside of this, individual
agencies are expected to fund anti-trafficking
initiatives from their own budgets.
28 C. During the year, both La Strada and Caritas ran
a number of education/prevention campaigns on human
trafficking that government bodies funded. Between
April and December La Strada organized a series of
workshops on human rights and violence against women
for at-risk teenage girls living in Warsaw orphanages
and child care centers. The Warsaw local government
and British Embassy co-funded these sessions. The
British Embassy also sponsored a La Strada information
campaign in schools in poorer, rural regions. La
Strada further organized an awareness campaign at
Polish-Ukrainian border crossings aimed at Ukrainian
females, and published guidebooks aimed at informing
Poles going abroad for work and foreign women coming
to Poland to work about the risks of trafficking.
The Catholic NGO Caritas Warsaw used its own funds to
organize prevention campaigns in Warsaw high schools.
The campaign took the form of two- and four-hour
workshops on human trafficking and forced
prostitution. Caritas Warsaw also joined an
international campaign against trafficking in persons
and forced prostitution organized by German and Dutch
NGOs for the 2006 World Cup in Germany. In
cooperation with the Border Guards and governors of
Dolnoslaskie, Lubuskie and Zachodniopomorskie
Provinces, Caritas Warsaw distributed more than eight
thousand leaflets and two thousand posters in Polish,
Bulgarian, Russian, Romanian and English.
The Interagency Working Group sponsored two
conferences on trafficking in March and November,
which brought together leading national and
international government ministries, law enforcement
bodies, and NGOs to highlight the problem of
trafficking. A similar conference will take place in
June 2007, and the GOP has designated June 11 as "TIP
Victims' Day."
28D. The Government of Poland supports a variety of
social programs that indirectly work to prevent
WARSAW 00000538 006 OF 017
trafficking in persons by promoting the status of
women. After the Office of the Government
Plenipotentiary for Equal Status of Women and Men
closed down in 2005, the Ministry of Labor and Social
Policy took over its responsibilities. The MinistryQs
Department for Women, Family and Counteracting
Discrimination is implementing a number of projects
aimed at combating gender discrimination at
workplaces. Many of the projects are either funded or
co-funded by EU structural funds. The projects
include research on the status of women in the labor
market, promoting gender equality through the
internet, and encouraging women to combine family and
maternity duties with a career by promoting the
sharing of household and parenting duties.
The Department is also implementing an EU Project of
2007 as the "Year of Equal Opportunity." The Project
is aimed at combating discrimination on the grounds of
sex, race, religion, disability, age, and sexual
orientation. The project will give grants to Polish
NGOs that carry out various projects/activities
combating discrimination.
28E. The GOP recognizes the importance of NGOs and
other elements of civil society in preventing
trafficking in persons, and actively worked with them
to develop the National Action Plan. The GOP relies
on and works closely with NGOs for victim protection
projects, law-enforcement training, and prevention
campaigns. Both government officials and NGO
representatives describe the relationship between the
GOP and anti-trafficking organizations as open,
positive, and deepening.
28F. The GOP devotes considerable resources to
monitoring its borders. The Border Guards continue to
receive high marks from Western European counterparts
for the quality of their training and effectiveness of
their enforcement activities. Thanks to training
programs implemented by La Strada, Polish border
guards are now trained to detect and assist victims of
trafficking. Border Guards discover potential TIP
victims most often during document inspections that
they hold to check the legality of aliens' stays in
Poland. To improve detection and victim
identification, police in four border provinces are
utilizing a questionnaire developed by Warsaw
University for a six-month trial in the first half of
WARSAW 00000538 007 OF 017
2007.
28G. The Interagency Working Group coordinates
activities among the various government agencies and
NGOs on trafficking-related matters. Polish officials
actively participate in international trafficking
conferences. The Polish National Police (PNP)
participate in several bilateral task forces that
share information, track the movements of traffickers
and victims across borders and coordinate
repatriations and casework. Bilateral efforts include
Polish task forces which work jointly with Czech,
German, and Swedish Police forces, and one
multilateral task force that coordinates efforts among
Polish and Baltic-nation Police forces on anti-TIP
efforts. There is also an active National Anti-
Corruption Strategy, managed by the Central Bureau of
Anti-Corruption.
28H. In January 2007 the Interagency Working Group
adopted the third two-year National Action Plan for
Combating Trafficking, which covers 2007-2008. All
GOP agencies involved in anti-trafficking efforts
consulted with major NGOs, a format that has been used
since the first Plan in 2003-2004. The latest Plan
sets 18 separate goals in four areas: prevention and
research, legislation, prosecution/law enforcement
(including international cooperation), and victim
support and protection.
4. INVESTIGATION AND PROSECUTION OF TRAFFICKERS:
Answers keyed to paragraph 29 of Reftel
29A. Polish law prohibits forcing individuals into
prostitution, trafficking in human beings, and
pimping. The relevant sections of the Criminal Code
are Articles 204, section 4 (sexual trafficking) and
253 (sexual and non-sexual trafficking) effective
since September 1, 1998. The laws cover both internal
and external trafficking, and do not require proof
that the victim was coerced in order to secure a
conviction. Poland has adopted the UN Protocol on
Trafficking in Persons (Palermo Protocol). The
National ProsecutorQs Office uses this definition of
trafficking in its prosecutions and states that it has
not been adversely affected by the absence of a
specific definition in Polish national law. However,
NGOs and law enforcement officials indicate that the
lack of a definition does negatively impact effective
WARSAW 00000538 008 OF 017
prosecution. The Interagency Working Group ranks
amending the criminal code to incorporate the Palermo
Protocol definition as a major priority of the
National Action Plan for 2007-2008.
29B. The maximum penalty for trafficking in persons is
15 years' imprisonment under Article 253 of the
Criminal Code (minimum of 3 yearsQ imprisonment).
This Article of the Code does not require proof of
trafficking connected with prostitution. Article 204,
section 4 of the Code provides for up to 10 yearsQ
imprisonment for trafficking involving prostitution.
This article is not often used, as prosecutors use
article 253 in most trafficking cases. Most sentences
are shorter than the maximum, with the most severe
sentences reserved for those convicted of trafficking
minors for the purpose of prostitution or
luring/abducting adults into prostitution abroad.
29C. There are no provisions in the criminal code that
specifically address trafficking for labor
exploitation. Such cases, including the high-profile
cases from Italy and Spain (para 29J), are prosecuted
under Articles 204 and 253 as described above, or
organized crime statutes, as appropriate.
29D. According to Criminal Code Article 197, using
violence, threat, or deceit to force a person to have
sexual intercourse is punishable by one to 10 years'
imprisonment. Using such means to force a person into
other sexual activity is punishable by three months'
to five years' imprisonment. In cases involving more
than one perpetrator or excessive cruelty, the
punishment ranges from two to 12 years imprisonment,
compared to up to 15 years for trafficking under
Article 253. Polish prosecutors have expressed
interest in using the multiple perpetrator/excessive
cruelty provision of the law to sentence traffickers
to longer sentences, although this has not been tested
in court.
29E. Prostitution in Poland is legal; but "pimping" or
otherwise profiting from a prostitute's activities is
illegal. Under the current version of the Polish
Criminal Code, the legal age of consent to sexual
activity is 15. Poland has ratified the Palermo
Protocol, the Optional Protocol to the UN Convention
on the Rights of Children (of May 25, 2000), and the
EU Convention on the Rights of Children. All of these
WARSAW 00000538 009 OF 017
documents prohibit prostitution by individuals less
than 18 years of age. In the opinion of the National
ProsecutorQs office, according to the Polish
Constitution (Art. 87) and international law, the
provisions of these documents automatically become
part of Polish law and act to prohibit child
prostitution as therein defined. Full implementation
of the protocols and Convention will require changes,
inter alia, in the Polish Criminal, Family and Labor
Codes. The prosecutorQs office additionally states
that anyone (including a parent) assisting a person
under the age of 18 to engage in prostitution would be
assumed to be benefiting financially from this
assistance and would be investigated and prosecuted
accordingly.
29F. According to the National ProsecutorQs Office, in
2006 the Polish prosecutors concluded 26
investigations, of which 17 resulted in indictments
and nine were dismissed due to the lack of sufficient
evidence. In the 17 indictments, 36 individuals were
indicted under article 253 of the criminal code on
trafficking charges, compared to 42 in 2005. 126
victims were involved in the 17 cases that resulted in
indictments. 19 of these 126 victims were minors. Of
the 36 individuals indicted, there were four
Bulgarians and two Ukrainians.
According to the Statistics Bureau of the Ministry of
Justice, there were 10 convictions under article 253
of the penal code in the first half of 2006. Of the
persons sentenced, seven were sentenced to a maximum
of two-yearsQ imprisonment, two were sentenced for
three years, and one person was sentenced for three-
to-five years. These are sentences issued by the first
instance courts and are still subject to appeal.
Complete sentencing data for 2006 is not available at
time of PostQs submission for these cases. The
complete data for 2005 shows that there were nine
convictions under article 253 (human trafficking), and
seven convictions under article 204 paragraph 4
(forced prostitution abroad) which were upheld by
appellate courts. Of the prison sentences, there were
two one-year terms, five one-to-two year terms, five
two-year terms, and two each of three and three-to-
five year terms of imprisonment. Judges suspended
eleven of these sentences, and five individuals
convicted are serving their sentences in prison. Of
the individuals convicted, all were Polish nationals
WARSAW 00000538 010 OF 017
except for one Vietnamese national.
The National Police statistics show that in 2006
police initiated 18 new investigations in which there
are nine persons suspected of human trafficking under
article 253; and three new investigations with two
suspects under article 204 paragraph 4.
29G. Polish police believe that large organized crime
groups as well as individual operators control the
trafficking business and that victims are frequently
trafficked by nationals of their own country, with
Polish traffickers collecting a percentage to allow
passage into or through Poland. According to arrest
statistics, approximately 25 percent of traffickers
are non-Poles. Bulgarian traffickers continue to
account for a significant number of cases, although La
Strada notes proportionally more Polish women are
working in highway prostitution than in the past few
years. Other than anecdotal evidence from NGOs that
some corrupt police officers are complicit in
trafficking, Post has received no information or
indication that Polish government officials are
involved in trafficking. Police sources believe that
employment and talent agencies are sometimes used as
fronts for trafficking operations.
29H. The GOP actively investigates trafficking. In
March the GOP established a four-person Central Anti-
Trafficking Unit (CATU) in the National Police to
combat human trafficking, pedophilia, and child
pornography. This was enlarged throughout the year,
and as of February 2007 boasted 13 full-time officers
with liaisons to the Ministry of Interior and
Administration, Ministry of Justice, and Central
Bureau of Investigation. The CATU also coordinates
teams of one to three individuals in each of PolandQs
16 provinces. It makes use of advanced law-
enforcement techniques, including immunity/mitigation,
wire-tapping, covert operations, etc.
Prosecutors' ability to protect other witnesses in
trafficking cases is generally limited to withholding
of personal data from court records. VictimsQ
depositions may be used in Polish criminal cases even
where defense counsel have not had the opportunity to
be present or cross-examine witnesses; the
ProsecutorQs office indicates that it is likely that
any defendantQs appeal of a conviction based on such
WARSAW 00000538 011 OF 017
evidence to the European Court of Human Rights would
be successful. Polish Border Guards also have the
ability to use advanced law-enforcement techniques but
find a shortage of resources limiting their
effectiveness in investigating TIP (which is not their
primary function). According to the NGO La Strada,
aside from high-profile cases, Polish authorities lack
sufficient resources to investigate and prosecute the
majority of trafficking cases originating in Poland.
29I. Incoming border guards and police officers
receive training on the subject of trafficking.
Specialized training led by La Strada is conducted at
the national law-enforcement training facility for
selected personnel. This training involves role-play
simulations, legal exercises, film showings, and other
awareness-building exercises. Prosecutors throughout
Poland have also take part in training, including mock
trials. As part of the National Anti-Trafficking
Action Plan, all 16 Polish provinces have regional
trainings in which police, border guards, justice
officials, and social workers received training
together on how to detect and assist trafficking
victims in their regions. This training is led by La
Strada and Ministry of Interior officials. The
Ministry of Justice indicates that although training
is routinely offered to judges, few take advantage of
these optional sessions.
29J. Poland enthusiastically cooperates with other
countries in trafficking cases and the repatriation of
victims, especially with its closest neighbors. There
is cooperation with Germany, Italy, Spain, Sweden,
Switzerland, and the United Kingdom, among others.
One of the goals in the 2007-2008 National Action Plan
is to establish more joint investigation teams with
other nations. The main barrier to increased
investigations has been a lack of funds.
In July Italian police, in cooperation with Polish
authorities, broke up a ring of labor camps in
southern Italy in which more than 300 Polish citizens
were held in slave-like conditions after being lured
by the promise of high-paying agricultural jobs.
Polish police indicate that the level of cooperation
with Italian counterparts was excellent. The joint
operation has led to the arrest of more than 40 Poles
for trafficking offenses; the investigation is
ongoing. In December, Polish Justice Minister
WARSAW 00000538 012 OF 017
Zbigniew Ziobro met with Italian counterparts to
establish a joint prosecution team; Italian officials
turned down a formal agreement and instead are
cooperating through mirror investigations. The
Central Anti-Trafficking Unit also completed
successful operations in coordination with law-
enforcement officials in Spain, the United Kingdom,
and Sweden.
29K. Until it was amended in June, the Polish
Constitution prohibited extradition of Polish
citizens. Following the change in the Constitution,
Parliament amended Article 607t of the criminal code
to allow for the extradition of Polish citizens to
other EU countries. According to the Ministry of
Foreign AffairQs Consular Department, there was one
trafficking-related extradition of a Polish citizen
from Poland in 2006.
29L. Although the GOP is generally not tolerant of
trafficking, there continue to be some credible
accusations of lax attitudes among some officials and
abuses, including sexual harassment, by individual
police officers. This may be attributed to corruption
and/or a lack of awareness among rank-and-file
officers of the true nature of trafficking and the
predicament of victims.
29M. There is no evidence that governmental
authorities condone or are otherwise complicit in
trafficking activities. GOP law-enforcement agencies
are actively increasing both budget and manpower
dedicated to detecting and apprehending criminal
groups involved in trafficking. There are unconfirmed
reports that local police have taken bribes to ignore
known trafficking activity. If any such cases were
determined to have merit, rules call for the offender
to be automatically suspended pending an
investigation. To date, there have been no cases of
law-enforcement officials punished for trafficking-
related corruption.
29N. According to the NobodyQs Children Foundation,
the leading Polish NGO dealing with trafficking in
children, sex tourism has not been identified as a
problem in Poland. This NGO does believe, however,
that trafficking in children for sexual exploitation
is a problem. In 2006 they directly assisted nine
foreign children and consulted on another 62 cases
WARSAW 00000538 013 OF 017
they believe to have been trafficked into Poland.
NobodyQs Children also believes there is a problem of
Vietnamese boys being forced into prostitution around
the Vietnamese open-air market. Due to the problem of
identifying victims, however, there was not a single
criminal case prosecuted against traffickers of
children.
There is no extraterritorial coverage.
29O. The GOP ratified the ILO Convention 182 on August
9, 2002, and Conventions 29 and 105 (forced labor) on
July 30, 1958. The Optional Protocol to the
Convention on the Rights of the Child (CRC) was signed
on February 13, 2002. The UN Trafficking Protocol
(Palermo Protocol) was signed by the Government of
Poland on December 12, 2000, and ratified on September
26, 2003. On September 10, 2004, the Polish
Parliament passed a bill ratifying the Optional
Protocol to the UN Convention on the Rights of the
Child on the Sale of Children, Child Prostitution and
Pornography (of May 25, 2000). The ratification bill
was signed by the President on December 31, 2004, and
entered into force on March 4, 2005. The Protocol to
Prevent, Suppress, and Punish Trafficking in Persons,
especially Women and Children, supplementing the UN
Convention Against Transnational Organized Crime
entered into force on December 25, 2003.
5. (SBU) PROTECTION AND ASSISTANCE TO VICTIMS: Answers
keyed to Para 30 of REFTEL
30A. Polish law allows foreign victims to remain in
Poland legally during the investigation and trial of
their traffickers. At the end of 2005 the Law on
Aliens was amended to provide for a reflection period
during which foreign trafficking victims are allowed
to stay legally in Poland while deliberating whether
or not to participate in the prosecution of their
traffickers. As of this report, no victims have taken
advantage of the reflection period and officials are
unsure as to its potential effect. Videoconference
testimony from abroad is allowed. Polish victims are
eligible for various welfare services. Foreign victims
are not eligible for public welfare services; however,
in 2006 $160,000 was provided to La Strada for use in
the shelter it opened in 2004, as well as for the care
of victims it does not house. During 2006, La Strada
WARSAW 00000538 014 OF 017
assisted in the form of shelter or medical/psychiatric
care for 199 victims, of which approximately 10
percent were foreigners.
30B. The GOP has consistently increased its funding to
victim support and witness protection. In 2006 this
funding amounted to nearly $2 million from the
national budget to fund prevention programs and
centers for support and crisis intervention. The
Center for Women's Rights and shelters operated by
Caritas and other Catholic organizations receive
funding from local governments. The national
government also provides funds to address AIDS
prevention and domestic violence.
30C. The Interior Ministry, National Police, and NGOs
all indicate that police and border guards have a
problem properly identifying victims; however they are
generally pleased with the degree of cooperation
between law-enforcement and victimsQ assistance
organizations. When properly identified, victims are
typically referred to the nearest assistance point in
Poland. The Polish government is devoting significant
resources to training law enforcement officials so
that they are better able to identify and assist
trafficking victims, including the standard
questionnaire currently being used by police in four
border provinces (para 27C).
30D. Border guards and police sometimes regard victims
of trafficking as criminals who have violated passport
laws. However, according to government and NGO
sources, increased training has markedly improved this
situation, and most rank-and-file officers now
understand the difference between smuggling and
trafficking. Polish law continues to require that
anyone found within the territory of Poland in an
QillegalQ status be deported to the country of origin.
Legislation enacted in late 2005 provides for a
reflection period of two months during which a
trafficking victim is permitted to remain in Poland,
receive support and assistance, and decide whether to
cooperate with an investigation. NGOs are critical of
the implementation of this regulation, and there was
at least one case noted by the media where a
Vietnamese woman who declared herself to law
enforcement as a trafficking victim was deported
before receiving the opportunity to stay in Poland.
Under the law, victims who decide not to cooperate
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should be returned to their countries of origin, but
in such a way as to attempt to shield them from
contact with traffickers.
30E. The Polish government encourages and facilitates
victim participation in investigations and
prosecutions. As indicated above, victims, regardless
of their legal status, may now remain in country to
assist in the investigations of traffickers. This
legal authority was used successfully for the 11
foreign victims who participated in the prosecution of
their traffickers in 2006. Polish authorities have
not encouraged victims to file civil suits or
otherwise take legal action against traffickers.
Increasingly, NGOs are working to enhance victims'
access to legal service and inform them of their
rights. Post knows of no victim restitution program
other than repatriation of foreign victims.
30F. The government provides victim assistance through
the local NGO La Strada, which currently receives
funding from the national government specifically for
the care of trafficking victims. Other NGOs such as
Caritas and the NobodyQs Children Foundation also
provide victim assistance throughout Poland. According
to the Ministry of Foreign Affairs, if a Polish victim
requests assistance abroad, the Ministry has a list of
local NGOs that can support the victims, as well as
funds to help the victims return safely to Poland.
30G. Through a cooperative arrangement between the
Polish Ministries of Interior and Administration and
Foreign Affairs, extensive formal training for
consular officials in Polish embassies and consulates
abroad is regularly conducted. GOP officials
encourage their embassies to develop relationships
with anti-trafficking organizations in transit and
source countries.
30H. While there is no specific government assistance
set aside for repatriated nationals who are victims of
trafficking abroad, such persons are eligible for
standard unemployment and welfare benefits, and the
Ministry of Foreign Affairs cooperates with NGOs to
identify repatriated Polish victims of trafficking for
assistance. NGOs allow repatriated victims to
participate in assistance programs and utilize
shelters following their return to Poland.
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30I. Numerous international, national, and local
organizations are involved in anti-trafficking
initiatives in Poland. International organizations
such as the United Nations Office on Drugs and Crime,
UNHCR, International Organization on Migration, and
OSCE are closely involved in anti-trafficking
initiatives in Poland. NGOs active in the fight
against trafficking include, La Strada, Caritas,
Temida Association of Lawyers, Barka Foundation for
Mutual Assistance, and the Center for Women's Rights.
Prestigious academic institutions such as the
Jagiellonian University of Krakow, University of
Zielona Gora, and the University of Warsaw are also
involved in anti-trafficking education and policy-
making. These institutions work closely with local
authorities, and the relationship between NGOs and the
national government is, by all accounts, excellent.
NGO training and projects continue to be the most
effective method to enhance Poland's overall anti-
trafficking capacity.
6. POLANDQS TIP HERO: Answer keyed to Para 31 of
REFTEL
Pawel Maslowski, Chief of PolandQs Central Anti-
Trafficking Unit (CATU), is a committed pursuer of
human traffickers. In March 2006 the National Police
Commandant tapped him to head the new CATU to combat
trafficking in human beings, child pornography, and
pedophilia. In no small measure due to Mr.
MaslowskiQs tenacity and cooperation with both
domestic and international groups and officials,
Poland has made important strides in the fight against
human trafficking. He started his police career in
1991 at the Krakow regional police headquarters, and
has been working at the National Police Headquarters
for almost two years.
Under his leadership, the team has already had a
series of successes in combating international
organized criminal groups that deal in human
trafficking. The two most notable were "Operation
Promised Land," in which in cooperation with Italian
police he played a key role in the rescue of at least
119 persons trafficked for forced labor to Italy and
arrested 40 perpetrators, and "Operation Valencia," in
which police in Spain rescued 21 victims and
identified 6 perpetrators.
WARSAW 00000538 017 OF 017
A tireless warrior in the fight against human
trafficking, Mr. MaslowskiQs commitment and energy
constantly shine through. He pushes for better
training of law enforcement officials and increased
cooperation between government agencies and NGOs, and
continuously reaches out to colleagues both within
Poland and throughout Europe to improve international
cooperation among law enforcement agencies and civil
society.
NOTE: Pawel MaslowskiQs name, date of birth, and
nationality were cleared by RSO, CONS, and LegAtt here
at post. No derogatory information has been found.
7. (SBU) POST COMMENT: The government of Poland fully
complies with the TVPAQs minimum standards for
elimination of trafficking and has demonstrated a
political and financial commitment to improving its
anti-TIP programs and cooperation among agencies,
NGOs, international organizations and other parties of
interest. The GOP has increased training for police,
prosecutors and other front-line personnel; continued
(and increased) cooperation with neighboring states to
combat traffickers; continued anti-corruption training
programs; permits trafficking victims to remain
legally in Poland to assist in investigations and
prosecutions; continued positive development of the
National Action Plan and Interagency Working Group;
and implemented creative, effective strategies
designed to incorporate international and EU
definitions related to trafficking and minors into the
Polish legal framework, even when legislation has not
yet been enacted to conform Polish criminal and civil
law. The Polish government has also demonstrated a
financial commitment to assisting trafficking victims
through the funds allocated to the National Action
Plan. Statistics pertaining to investigations,
arrests and prosecutions show a continued commitment
to quality investigations and prosecutions. Based on
PolandQs continued progress and commitment to
combating trafficking, Post strongly supports the
continued inclusion of Poland in Tier I.
HILLAS