Cablegate: Poland: Eighth Annual (2008) Trafficking in Persons Report

DE RUEHWR #0285/01 0641501
R 041501Z MAR 08






E.O. 12958: N/A

Ref: State 02731

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1. (SBU) Following are responses keyed to questions in paragraphs
27-31 of REFTEL. Embassy point of contact is Political Officer
Andrea Gorog (telephone: 48-22-504-2621, fax 48-22-504-2613, e-mail 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 (MFA), Ministry of Interior
Affairs and Administration (MOI), Ministry of Justice, Border Guards
and National Police. All of these have proven to be reliable

27B. There has been a notable rise in trafficking of Polish men and
women to EU countries for forced labor and prostitution since Poland
joined the European Union in 2004. Persons are trafficked to and
through Poland from countries to the east and southeast, primarily
Ukraine, Moldova, Belarus, Bulgaria, Romania, and Russia. Ukraine
continues to serve as the greatest source of persons trafficked
through and to Poland, with Moldova also serving as a substantial
source. There are also growing reports of Vietnamese nationals,
along with small but notable numbers of Cameroonians, Somalis,
Kenyans and Ugandans being trafficked into, within, and through
Poland. Poles and foreigners are trafficked to Western Europe,
especially Austria, Belgium, Denmark, Germany, Italy, the
Netherlands, Spain, and Sweden, as well as to Japan and Israel. 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.
Extensive job migration is one of the important factors conducive to
trafficking. Based on NGO estimates, 2 million Poles migrated abroad
(mostly to Western Europe) during the last four years.

Victims are trafficked to Poland primarily for work in "massage
parlors," "escort agencies," and clubs and "agencies" for men i.e.,
brothels. However, there have also been documented cases of victims
forced to work in agriculture or sweatshops and forced to beg on the
streets and to commit petty crimes (stealing in super- markets.)
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. There has been a gradual
decrease in the number of escort agencies and people working for
them. Police estimate that in the second half of 2007, 610 "escort
agencies" operated in Poland, with a total of 2,536 persons employed
by them (including 12 men and 22 women under 18 years of age.) This
is a marked decrease from 2006, when 750 escort services employed
3,500 workers. During the year, the police closed 56 of the 610
agencies. Police statistics based on arrests and other direct
contacts estimate there were 3,278 prostitutes in Poland in 2007,
out of which 3,245 were adults, 25 were between 15-18 years of age,
and 8 were under 15 years of age. The nationalities of these
prostitutes included 2,409 Polish, 503 Ukrainians, 165 Belorussian
and 152 Bulgarians. Reliable NGO contacts estimate that the number
of women working in all elements of the sex industry in Poland is
slightly higher than the police estimates.

Traffickers in Poland continue to target the same population: mostly
young, unemployed or poorly paid Polish women for the sex trade, and
poor men and women for labor. They focus on individuals from
dysfunctional families, people who faced domestic violence, sexual
abuse, or different types of addictions and have a weak support
networks. According to the NGO La Strada, 80 percent of Polish

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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 their handlers will take care of all
documentation and are asked to turn over their passports. While one
third of the victims know they are involved in illegal employment,
most do not realize that they will be performing forced labor or
sexual services. 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.

As of December 2007, Poland is part of the Schengen area, making
Poland the effective Eastern border of the Schengen zone. The
internal EU border check points have been removed, and the eastern
borders to the neighboring countries have been strengthened. Experts
suggest these changes might make it more difficult for human
traffickers to enter Poland, however if successful, it will make it
easier for them to move within the EU.

27C. The MOI has the lead in anti-trafficking efforts. It serves as
a coordinator of the Inter-Ministerial Anti-Trafficking Working
Team, which was established in accordance with the Prime Minister's
Regulations issued in March 2004. The Undersecretary of State in
the MOI chairs the team, which includes members from the ministries
of Education, Labor and Social Policy, Justice, Foreign Affairs,
Health, Internal Affairs and Administration, Office for Foreigners,
National Police Headquarters, and Border Guard Headquarters. The
team also includes NGO representatives active in assisting TIP
victims (La Strada, ITAKA, Nobody's Children Foundation, Caritas
Warsaw). The role of the group is to assess the implementation of
the National Anti-Trafficking Plan, preparing new proposals and
opinions on the undertakings aimed at effective combating
trafficking. Parallel to the team, an inter-ministerial working
group was established, which meets regularly to work on
anti-trafficking efforts.

In addition to the Inter-Ministerial Anti-Trafficking Working Team,
the GOP has a Central Anti-Trafficking Unit (CATU) in the National
Police to combat human trafficking, pedophilia, and child
pornography. This unit currently has seven 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 Poland's 16
regional police departments. It makes use of advanced
law-enforcement techniques, including immunity/mitigation,
wire-tapping, and covert operations.

27D. The primary limits on Poland's ability to address this problem
stem from the lack of a clear legal definition of trafficking in
Poland's criminal code and the lack of effective victim
identification. 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. The
National Police reports that all incoming recruits receive
continuous instruction on the subject. Those already in jobs,
receive training from the trafficking coordinator in each province.
Police and border guards participated in joint training exercises
with the neighboring countries.

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. In 2007, the

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definition of trafficking was included in the draft revision of the
criminal law submitted to the Parliament by the previous government.
However, after the October 2007 parliamentary elections the
submission was withdrawn, and will be re-submitted to the Sejm once
it is reviewed by the new Justice Minister.

Proper identification of victims of trafficking is another problem.
Despite increased training efforts for police and border guards,
some victims are not properly identified. At the request of the MOI,
the University-based Research Center for Trafficking in Human Beings
developed a questionnaire to serve as an identification tool for
police and Border Guard officers. The questionnaire is currently
being tested in a pilot project.

Embassy Warsaw raised these concerns with the newly appointed
government officials. The GOP is aware of the problem and is working
on a strategy to address these matters. At a meeting in February
2008, MOI's U/S Adam Rapacki admitted victim identification and the
low number of prosecutions present a challenge for the GOP. Law
enforcement's efforts in trafficking have been improving, and
Rapacki detailed his plan to ensure the Police focus even more
effort at identifying trafficking cases.

In 2007, the government allocated approximately $149,000 (350,000
zlotys: All dollar amounts in this cable are based on Feb 2008, 2.35
zloty/U.S. dollar exchange rate) from the MOI's budget to implement
the National Anti-Trafficking Action Plan developed by the
Interagency Anti-Trafficking Working Group (the "Interagency Working
Group.") The funds were divided as follows: $64,000 for victim
protection, and $85,000 for education and prevention. In addition,
other ministries allocated supplementary funds from their resources;
including the Ministry of Labor and Social Policy which furnished
approximately $33,000 for training and prevention.

27E. The Interagency Anti-Trafficking Working Group publishes an
annual report that summarizes the government's implementation of the
National Action Plan. The report assesses the accomplishment of the
previous year's goals, which address the various fronts of the
anti-trafficking efforts including prevention, victim's assistance
and prosecution. In January 2008, the Inter-Agency group approved
the most recent report, which details the implementation efforts for
the 2007 period. The National Police Public Affairs Unit informs the
public systematically about its efforts and publishes annual
trafficking statistics 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. As part of the National Action Plan for
2007-2008, the MOI published a report in 2007, which discusses the
human trafficking trends in Poland, the current legislation and the
activities undertaken by various institutions to combat human
trafficking. The report also provides statistics for the period of
1995-2006. The NGO, La Strada works with the Polish government to
document cases.

to paragraph 28 of REFTEL

28A. 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 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 Prosecutor's 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. Contrary to the National
Prosecutor's Office assertion, NGOs and law enforcement officials
indicate that the lack of a definition does negatively impact
effective prosecution.

In May 2007, the Polish Ombudsman called on the Minister of Justice
to incorporate a definition of human trafficking into the criminal
code. On the initiative of the Interagency Working Group, the
definition of trafficking was incorporated in the draft revision of
the Polish Criminal Code. After the change of government following

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the October 2007 parliamentary election, the new Justice Minister
withdrew the revision from the Parliament. The draft revision will
be re-submitted to the Sejm once it is reviewed by the new Justice

Although Poland was one of the first countries to sign the 2005
Council of Europe Convention on Action against Trafficking in Human
Beings, it has not yet ratified it. The Convention entered into
force on February 1, 2008. The same day, the Helsinki Foundation for
Human Rights sent a letter to PM Donald Tusk urging the government
to accelerate the ratification process of the Convention. The
Convention could play an important role in the Polish legislation
because it includes a comprehensive definition of trafficking (that
prosecutors could also refer to.) There are no provisions in the
criminal code that specifically address trafficking for labor

28B. The maximum penalty for trafficking in persons is 15 years'
imprisonment under Article 253 of the Criminal Code (minimum of
three years' 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 ten years'
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.
Of the two convictions under article 253 in the first half of 2007,
one person was sentenced to a maximum of two years imprisonment, and
the other was sentenced for three-to-five years.

28C. There are no provisions in the criminal code that specifically
address trafficking for labor exploitation. Such cases are
prosecuted under Articles 253 (described above) or organized crime
statutes, as appropriate.

28D. According to Criminal Code Article 197, using violence, threat,
or deceit to force a person to have sexual intercourse is punishable
by one to ten 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.

28E. Prostitution in Poland is legal; but "pimping" or otherwise
profiting from a prostitute's activities as a third party 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 documents prohibit prostitution
by individuals less than 18 years of age. 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 prosecutor's office
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.

28F. The government's efforts to prosecute trafficking offenders
continue to improve.

According to the National Prosecutor's Office, in 2007 the Polish
prosecutors initiated 45 new investigations, and concluded 45
investigations. Of the 45 concluded investigations, 26 resulted in
indictments, one was dismissed due to the failure to identify the
offender and 18 were dismissed due to the fact that prosecutors did
not confirm that an offence took place. In the 26 indictments, 58
individuals were indicted, compared to 36 in 2006. 1,015 victims
were involved in the 26 cases that resulted in indictments. Of the
1,1015 victims, 880 were victims of forced agricultural labor in
Italy, 39 were foreigners (17 Ukrainians, 15 Bulgarians, four
Moldovan, one from Kenya, one from Senegal, and one from

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Kazakhstan), and four of the victims were under 15 years of age and
two were 16 years old. Of the 58 individuals indicted, there were
three foreigners (one Bulgarian and two Ukrainians.)

According to the Statistics Bureau of the Ministry of Justice, there
were two convictions under article 253 of the penal code in the
first half of 2007. Of the persons sentenced, one was sentenced to a
maximum of two years' imprisonment, and the other 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 2007 is not available at time of Post's submission for
these cases. The complete data for 2006 shows that there were 13
convictions under article 253 (human trafficking), and one
conviction under article 204 paragraph 4 (forced prostitution
abroad) which was suspended. These sentences were upheld by
appellate courts. Of the 14 prison sentences, there were two
one-year terms, one one-to-two year terms, three two-year terms,
three three-year terms, and five three-to five year terms of
imprisonment. Judges suspended only three of these sentences. Of the
individuals convicted 10 were Polish citizens and four were

The number of new investigations related to trafficking increased in
2007. According to police press office, police initiated 22 new
investigations of human trafficking under article 253 of the
Criminal Code in 2007, which included the total of 859 victims.
Police forwarded 21 cases to prosecution for indictment. In
addition, police identified one case of forced prostitution abroad
under article 204 paragraph 4, and forwarded the case to the
prosecution office for indictment.

In addition, the National Prosecution Office indicated that in two
ongoing cases, police identified a total of 210 victims. One case -
in Rzeszow - concerns Polish and Ukrainian women trafficked for the
sex business to the south of Poland (60 victims already identified,
but the case is developing). In the other case - in Krakow - 150
Polish women trafficked to Italy to work in the sex business.

Although the number of cases investigated and indicted is growing,
convictions under article 253 are still noticeably low. According to
the Center for Human Trafficking, one of the reasons for low
conviction rates under article 253 is the previously identified lack
of a legal trafficking definition in the Polish criminal code. Due
to this lack of definition, prosecutors and police officers apply
other provisions of the criminal code to prosecute cases which in
reality are trafficking cases. According to a leading expert at the
Center, a few Polish courts render judgments based upon the
assumption that there must be a transfer of money in exchange for a
person to consider a given offense a trafficking crime. He
reiterated the importance of introducing a definition of trafficking
to the Polish criminal code and ratifying the Council of Europe
Convention, which would provide a stable instrument in combating

28G. Incoming border guards and police officers receive training on
the subject of trafficking. NGO La Strada leads specialized
training at the national law-enforcement training facility for
selected personnel. This training involves role-playing simulations,
legal exercises, film showings, and other awareness-building
exercises. Prosecutors throughout Poland have also taken part in
training, including mock trials. The Border Guard and Police
Training Centers also organized the screening of the movie "Your
name is Justine" for all students and instructors. The movie details
the experiences of a trafficked woman.

In June 2007, the MOI cooperated with the Police School and La
Strada to provide specialized training for coordinators and members
of anti-trafficking teams in the Police departments of the 16 Polish
provinces and the Border Guard (BG) Headquarters. The training
covered legal provisions, practical aspects of TIP victim
assistance, and methods of cooperation between various institutions,
both national and international.

In October 2007 Gdansk Provincial Police Headquarters worked with
the Police School in Szczytno to provide training on trafficking for
local city and community police officers. Between June and November,
the Warsaw City Police also organized training sessions for Warsaw
police officers (heads of units and their deputies) on

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identification of TIP victims.

La Strada also coordinated with the MOI a project termed "Monitoring
the respect for human rights of trafficking victims." In November,
La Strada presented the results of this monitoring project at a
seminar attended by representatives of MOI, police, border guard,
prosecutors, judges and research institutions and NGOs. The MOI also
funded the publishing of these results of in form of a pamphlet.

The MOI, La Strada and the British Embassy cooperated in a six-month
pilot program to train judges in TIP. The goal of this training was
to expand the knowledge of judges on the definition of human
trafficking, in particular in the context of Polish domestic law,
characteristics of the phenomenon of trafficking and the specific
situation of victims. Six 20-person groups were trained under this
initiative. In February 2008, a concluding seminar was organized in
Warsaw for participants of the previous training, representatives of
provincial courts, national prosecutors and the police.

28H. Poland enthusiastically cooperates with other countries in
trafficking cases and the repatriation of victims, especially with
its closest neighbors. The main barrier to increased investigations
has been a lack of funds. The Polish law allows for the
establishment of joint investigation teams but up to now, no such
team has been created. However, during initial investigations,
provincial police headquarters have had direct contact with police
liaison officers of several countries through the central
Anti-Trafficking Team in the National Police Headquarters. The
Central Anti-Trafficking Team in the Police Headquarters exchanges
information on a regular basis with EUROPOL and INTERPOL and police
forces of other countries on trafficking, child pornography
distributed over the internet and pedophilia. In 2007, the Police
Central Anti-Trafficking Team cooperated with police forces on seven
cases with Germany, five cases with Ukraine, two cases with Belarus,
two cases with Bulgaria, and one case each with Italy, the
Netherlands and Sweden. The majority of these cases concerned
trafficking for sexual exploitation.

In November 2007, the Polish regional police coordinators for
combating human trafficking and their Ukrainian counterparts
participated in joint meetings, under the project run by Police
Academy in Szczytno.

Throughout the year, the Border Guards also worked closely with
neighboring country counterparts. For example, they carried out one
investigation in the south of Poland, which concerned Polish
citizens trafficked to Switzerland; so far they have identified four
suspects and five victims, but the investigation is ongoing. The
Border Guard also cooperated with Ukrainian police on a trafficking
case which concerned Ukrainian victims and Ukrainian traffickers.

With the assistance of IOM two networking visits between Ukraine and
Poland were organized. The initial meeting in July 2007, gave an
opportunity for the Ukrainian MOI Representatives to meet and
exchange ideas with the Polish Interagency Anti-Trafficking Working
Group. The second meeting in February 2008, brought together Polish
and Ukrainian law enforcement representatives to discuss past
experiences and future cooperation.

28I. The Polish Constitution no longer prohibits the extradition of
Polish citizens. Following the June 2007 change in the Constitution,
Parliament amended Article 607t of the criminal code to allow for
the extradition of Polish citizens to other EU countries.

28J. Post has no evidence that the GOP is tolerant of trafficking.

28K. We have 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.

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28L. According to the Military Prosecution Office, no Pole deployed
abroad as part of a peacekeeping mission engaged in or facilitated
any form of trafficking, nor were there any known exploiters of
trafficking victims.

28M. According to the Nobody's Children Foundation, the leading
Polish NGO dealing with trafficking in children, sex tourism is not
a problem in Poland. This NGO does believe, however, that
trafficking in children for sexual exploitation is a problem. During
the year, the Foundation noticed a decrease in the number of
unattended minors who were applying for refugee status in Poland.
This is probably the result of tighter border security control as
part of Poland's accession into the Schengen zone. The Foundation is
not able to assess the scale of trafficking in children due to a
lack of law enforcement standard operating procedures (SOP) for
child trafficking cases. One of the goals of the National
Anti-Trafficking Action Plan for 2007-2008 is to create a model for
support/protection of child-victims of trafficking. The Inter-Agency
Working Group is currently working on creating SOPs to handle such
cases, and is scheduled to complete it by the end of the year.

29 of REFTEL

29A. 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. During 2007, five persons
have taken advantage of the reflection period. Videoconference
testimony from abroad is also allowed.

Under the recent revision of the Law on Social Assistance, which
entered into force on April 1, 2007, all foreign victims of
trafficking are entitled to the same type of social welfare benefits
as Polish citizens. The revised law also gives foreign victims the
right to access crisis intervention assistance, shelter, food,
clothing and living allowance, and entitlement to stay at crisis
intervention centers.

29B. The government has worked extensively with anti-trafficking
NGOs to provide shelters for victims. Despite the fact that the
government provided space and funds to NGOs for operating shelters
for trafficking victims, the number of shelters remained inadequate
and NGOs frequently resorted to temporary arrangements to provide
medical, psychological, and legal assistance to victims.

In 2007, local governments operated 33 crisis intervention centers
for victims of domestic violence and trafficking victims. The
centers, which are funded by the central government, provide social,
medical, psychological, and legal assistance to victims and
"corrective-educational" programs for abusers. During the year the
government allocated approximately $4.1 million for the centers'
operating costs. In addition, the government spent $193,000 during
the year on public awareness programs to counteract domestic
violence, which were implemented by local NGOs and governments.

The MOI-established and La Strada-run program for the Support and
Protection of Trafficking Victims and Witnesses continued to play a
key role in victims' assistance in 2007. The program provides
assistance to foreigners in the following areas: crisis intervention
(medical and psychological assistance, safe transportation and
shelter, food, clothing, lodging, support and counseling); legal
counseling when contacting law enforcement and judiciary; assistance
in legalizing the stay in Poland and/or organization of safe return
to the country of origin. In 2007, twenty persons joined the
program. Polish victims are eligible for various social and welfare

29C. The GOP has continued to fund various victim support and
witness protection programs. In 2007, the Government allocated
approximately $64,000 for the implementation of the Support and
Protection of Trafficking Victims and Witnesses program. The Program
is initiated if the foreigner agrees to break all the contacts with
the traffickers. The program allows for a two-month assistance
period, during which the victim is granted full assistance and may
decide on whether she would like to cooperate with law enforcement.

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La Strada provides all necessary medical, psychological, and
material aid, and the victim is placed in a safe shelter under the
care of social workers. If the victim decides against testifying,
he/she can voluntarily return to the country of origin with the
assistance of La Strada. If the person decides to testify, their
legally-authorized presence in Poland may be extended. After the
trial, the victim is offered a safe return to their country of
origin and informed about victim assistance programs offered by the
NGOs in their country.

Local governments also provide funding to support shelters and local
centers that provide assistance to victims (trafficking, domestic
violence.) For example, in 2007 the Center for Women's Rights in
Warsaw received $85,000 from the local government. The national
government also provides funds to address AIDS prevention and
domestic violence.

29D. The GOP is developing a program to identify victims through
increased training and through the development and use of a
standardized questionnaire for border guards and police. Though they
recognize the need to improve identification of victims among high
risk groups, the MOI, National Police, and NGOs are generally
pleased with the new training efforts in place to address this
concern and degree of cooperation between law-enforcement and
victims' 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
(para 27D). The police and Border Guards are currently testing the
identification questionnaire, which is intended to help identify
potential victims. After the trial period, the questionnaire will be
updated and then distributed among police and BG officers, followed
by training for Border Guard officers on how to use it. In addition,
the police have an "algorithm" in place, which is a standard
operating procedure to deal with trafficking victims (after they are

According to the MOI, in 2007 the police identified 860 victims of
trafficking (both Polish and foreigners.) Although the MOI doesn't
compile statistics on how many victims were referred for assistance
by law enforcement authorities, NGO contacts indicate extensive
cooperation between the police and the NGOs carrying out assistance
programs. In 2007, 20 victims joined the Victims
Assistance/Protection (11 Bulgarian, Ukrainian, two Belorussian, one
Vietnamese, one Nigerian, one Kenyan, one Moldovan.)

29E. Although prostitution in Poland is not criminalized, there is
no legal or regulated sex trade. According to the MOI, the police
regularly screen escort services in cooperation with the Polish
Labor Inspectors.

29F. 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 "illegal" 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. Under the law,
victims who decide not to cooperate should be returned to their
countries of origin in a manner that shields them from contact with

29G. 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. In 2007,
this legal authority was used successfully by 20 foreign victims who
agreed to participate in the prosecution of their traffickers.
Polish authorities have not encouraged victims to file civil suits
or otherwise take legal action against traffickers.

Victims may file civil suits against traffickers but there were no
such cases in 2007. The victims may also get financial compensation

WARSAW 00000285 009.2 OF 014

(through legal action) but there were also no such cases in 2007.
According to La Strada, during the year, 34 victims assisted in the
investigation and prosecution of their traffickers, including 25
Poles and nine foreigners. La Strada also participated in seven
different court proceedings as a voluntary representative and
(arranged defense lawyers for ten victims.

As described in para 29D, of the 20 persons who joined the Victim
Assistance/Protection program 16 persons were referred by the
police, and four by the Border Guards.

29H. The government provides victim assistance through the local NGO
La Strada, which currently receives funding from the national
government specifically for the care of foreign trafficking victims.
All other trafficked persons are served from the EU structural funds
under Equal program/EFS (European Social Fund). Some small grants
from local governments are used to cover crisis intervention for
trafficked persons in La Strada foundation. Other NGOs such as
Caritas and the Nobody's Children Foundation also provide victim
assistance throughout Poland.

In the first half of 2007, La Strada provided shelter services for
23 persons (including 14 Poles and nine foreigners.) In the second
half of the year, 22 persons (nine Poles and 13 foreigners) sought
shelter with La Strada. Through MOI funds, La Strada provided
assistance to 276 persons, including 115 new clients (31 foreigners)
in 2007.

The revision of the law on social welfare, which entered into force
in April 2007, introduces provisions which allow providing
assistance to victims/witnesses of trafficking for both Polish
citizens and foreigners. In accordance with article 5a of the law,
foreigners are entitled to crisis intervention assistance, shelter,
food, clothing and financial benefits. This assistance is granted on
the basis of a document provided by police, Border Guard or
prosecutor, which confirms that a person is a victim of trafficking.
The revision of article 47 point 3a provides the possibility for
foreigners to stay at a crisis intervention center for the period
defined by their residence permit. In addition, article 7 point 7a
also allows for the provision of welfare assistance for the needs of
victims of trafficking. Since the law entered into force in 2007,
there are no statistics yet available on the number of
victims/witnesses who received welfare/support on the grounds of
being a trafficking victim/witness in 2007.

29I. The Polish MOI and the Ministry of Foreign Affairs (MFA),
conduct extensive formal training for consular officials in Polish
embassies and consulates abroad. Our NGO contacts believe the MFA
has an effective approach for providing TIP training to its
officials, especially in the Consular Department, which regularly
updates Polish Consulates abroad on the problem, distributes
information materials on the issue of trafficking and keeps the
problem high on the agenda. According to the MFA, 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. GOP officials encourage their embassies to
develop relationships with anti-trafficking organizations in transit
and source countries.

29J. 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.

29K. 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, Nobody's Children
Foundation, Caritas Poland, Halina Niec Association, Agape Project,
Bread of Life Community)and the Center for Women's Rights. 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 by

WARSAW 00000285 010.2 OF 014

completing various studies and research. These institutions work
closely with local authorities, and the relationship between NGOs
and the national government is excellent. NGO training and projects
continue to be the most effective method to enhance Poland's overall
anti-trafficking capacity.

The Interior Ministry allocated $149,000 to anti-trafficking
initiatives in 2007, of which $64,000 was for victim protection and
the remaining was used for public awareness and prevention.

5. (SBU) PREVENTION: Answers keyed to paragraph 30 of REFTEL

30A. Polish government officials at the highest levels acknowledge
the seriousness of the trafficking problem in Poland, and are taking
action to address the problem. TIP was one of the issues post
discussed with members of the newly elected government, including
the newly-appointed Minister of Interior and Administration. In
January 2007, the Interagency Working Group adopted the third
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.

30B. In 2007, the MOI ran a wide range of anti-trafficking
information and educational campaigns. Post will provide brief
examples of the major outreach efforts below.

On June 11, the MOI organized the Second National Conference on
Combating and Preventing Human Trafficking, which was attended by
representatives of government, law enforcement and NGOs. The
conference focused on a detailed analysis of the system of combating
and preventing human trafficking, system of victim assistance, and
the legal provisions related to those issues. The conference
resulted in the publication of a report that focused on the problem
of trafficking in children and the identification aspects of
trafficking in both children and adults. A similar conference will
take place in June 2008, and the GOP has designated June 11 as "TIP
Victims' Day." It is an EU-wide anti-trafficking day. Poland joined
the other EU countries in recognizing this day.

In 2007, the GOP increased its trafficking awareness programs
through posters and billboards, as well as through financial
supporting to NGOs for producing such materials. The MOI held
information campaigns across the country; these included the
distribution of educational materials and advertisements on various
websites, such as the Polish daily "Dziennik." Also, both La Strada
and Caritas ran a number of education/prevention campaigns on human
trafficking that the GOP funded. Following is an overview of various
campaigns and outreach activities organized or funded by the MOI and

--------------------------------------------- ---
Campaigns combating violence against women and children:
--------------------------------------------- ---
In September 2007, the MOI organized a two-day international seminar
titled "Together against violence - combating violence against
children, youth and women (from Polish and European perspective)."
The objective of the seminar was to provide an overview of programs
and activities within the EU for 2007-2013. The program focused on
general violence against women and children, and the National
Anti-Trafficking Action Plan figured prominently in the seminar.

The MOI funded the publication of the book titled "Best Practices in
Combating Trafficking in Children (IOM publication)," a manual
addressed to police and Border Guard officers (7,000 copies). The
Ministry also published a pamphlet on trafficking in persons in
Poland, and distributed 1,000 copies in Polish and 500 in English.

--------------------------------------------- -
Campaigns warning against forced prostitution:
--------------------------------------------- -
Caritas Warsaw led an information campaign on the HOPE program--an
international campaign against forced prostitution and human
trafficking. The outreach consisted in publication of 25,000
leaflets, 5,000 posters and 5,000 leaflets-business cards, warning
against the threat of trafficking, and informing the public about
Project HOPE and its safe shelters for women providing psychological
and medical assistance.

WARSAW 00000285 011.2 OF 014

Awareness raising outreach on forced labor:
In cooperation with La Strada, the MOI ran an information campaign
on trafficking in persons for forced labor. As part of the campaign,
announcements in the local press cautioned against unreliable
employers, and listed contacts of institutions that could provide
assistance in such situations. There were also 15,000 leaflets
published with information specifically addressed to those looking
for job opportunities outside of Poland.

Because of its earlier success, in 2007, the MOI published a second
edition of the pamphlet "Travel Compass," a manual for persons
traveling abroad to look for work. 5,500 pamphlets were sent out to
labor offices throughout Poland and the Consulates abroad.

The MFA conducted its own information campaign, which included the
publication of the guide "Pole Abroad." The guide provides advice on
how to safely apply for jobs abroad and forewarns about possible
risks for Polish citizens who go abroad to work. On June 13, the MFA
held a press conference promoting the guide, during which the
problem of trafficking was strongly underlined. The manual is also
available on the MFA website.

Between May and December 2007, the ITAKA foundation, in cooperation
with newspaper Gazeta Wyborcza, private radio station RMF FM and
internet portal, carried out a campaign titled "Safe Work."
The goal of the promotion was to motivate people to become active in
their local community (on a voluntary basis) by promoting safe
employment in Poland and abroad. The campaign included the
establishment of an internet webpage (
addressed to persons looking for a job abroad or considering leaving
Poland for work. The website includes information on how to protect
oneself against becoming a victim of trafficking. As part of the
campaign, leaflets and posters informing about "Safe Work" were sent
out to provincial job offices. In the Gazeta Wyborcza insert
(Gazeta-Praca), a book with advice and precautions for persons
leaving Poland for work was also published. During the whole
campaign, a 24/7 hotline was operated by ITAKA foundation, which
registers cases of persons missing abroad.

With British Embassy funding, La Strada published educational
leaflets and postcards addressed to women who plan on working
abroad. These materials were distributed by various institutions
such as schools, job offices, social welfare centers, NGOs, as well
as during the 70+ prevention lectures La Strada presented to youth.

Between November and December, La Strada, in cooperation with the
Ministry of Labor and Social Policy, carried out an
information-prevention campaign "Listen before you leave." Within
the framework of this campaign, seven radio stations broadcast
commercials which warned against trafficking in persons for forced
labor. The campaign efforts included 50 meetings with young people
at schools and other educational centers to warn them about the
possible threat of becoming a victim of forced labor.

Outreach efforts to people coming to Poland:
There were also a number of campaigns addressed to persons who came
to Poland to work. The Inter-Agency Working Group compiled a package
of materials on the Victim Assistance/Protection Program and
distributed 6,000 copies of posters about forms of assistance
available to trafficking victims, 6,000 copies of leaflets for
trafficking victims in various languages with the information about
the Program and forms of assistance, and 10,000 copies of pamphlets
for Border Guards and police officers, social workers about the

The MOI, in cooperation with La Strada, published information
leaflets and posters for persons coming to Poland to work (30,000
copies in Russian and Ukrainian). The purpose of the campaign was to
inform women moving to Poland (for work, marriage etc.) about work
requirement documents, marriage requirements, types of assistance
available to them, and offer a list of NGOs that can assist them
when in need. The MFA website also posted information on regulations
and conditions for entering and staying in Poland.

WARSAW 00000285 012.2 OF 014

In January 2007, La Strada in cooperation with the Border Guards
organized a display of leaflets and posters at Gdansk International
Airport, to make people aware of possible risks involved in travel.
The educational leaflets were also distributed to Polish citizens
and people from neighboring countries arriving in Gdansk, Poland.

30C. Both government officials and NGO representatives continue to
describe the relationship between the GOP and anti-trafficking
organizations as open, positive and deepening. 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.

30D. The GOP devotes considerable resources to monitor 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. Through training
programs implemented by the GOP and 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 using a questionnaire developed by Warsaw
University. Though currently still a pilot program, the GOP expects
all border guards and police officers to receive training on the

Our contact recently highlighted an effective coordination system
developed in 2007 for the 12 regional units of the Border Guard. As
part of this effort, police and Border Guard coordinators organized
a joint workshop in June 2007, which included over 20 trafficking
coordinators (two or three in each regional unit.) The 2008 workshop
will be expanded to include district prosecutors coordinating
anti-trafficking issues.

All entry-level Border Guards go through basic training on
trafficking. The Border Guard is also planning to introduce a more
specialized training for officers who are assigned to work directly
on the border, and in operational-investigation units.

In addition, the Border Guard's operational guidelines for 2008
include a requirement for careful inspection of children crossing
the borders; particularly in cases when children croS]

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