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Viewing cable 06WARSAW358, POLAND: SIXTH ANNUAL (2006) TRAFFICKING IN

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Reference ID Created Released Classification Origin
06WARSAW358 2006-03-03 06:47 2011-08-30 01:44 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Warsaw
This record is a partial extract of the original cable. The full text of the original cable is not available.
UNCLAS SECTION 01 OF 12 WARSAW 000358 
 
SIPDIS 
 
SENSITIVE 
 
G/TIP FOR MEGAN HALL 
G, INL, DRL, PRM, IWI, EUR/PGI 
EUR/NCE FOR MICHAEL SESSUMS 
 
E.O. 12958: N/A 
TAGS: PHUM ELAB SMIG ASEC KFRD PREF KWMN PL KRCM
SUBJECT:  POLAND: SIXTH ANNUAL (2006) TRAFFICKING IN 
PERSONS REPORT SUBMISSION 
 
REF: STATE 3836 
 
THIS IS A CORRECTED COPY OF WARSAW 339, WHICH WAS 
DISRUPTED IN TRANSMISSION. 
 
1. (SBU) Following are responses keyed to questions in 
paragraphs 21-25 of REFTEL.  Embassy point of contact 
is Political Officer Katharine Read (telephone: 48-22- 
504-2676, fax 48-22-504-2613, e-mail ReadKM@state.gov). 
POLOFF (FO-03) 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 21 of REFTEL 
   --------------------------------------------- ----- 
 
21A. Poland is a country of origin, transit and 
destination for trafficking in persons. The main groups 
at risk are women and girls, with unemployed women, 
women from the poorest regions of Poland, and victims 
of domestic violence most at risk. 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 citizens, and 
estimates vary substantially. The main sources of 
information for information and statistics contained in 
this cable are international and local non-governmental 
organizations (NGOs), UN officials, OSCE/ODIHR 
contacts, 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. 
 
21B. Persons are trafficked to and through Poland from 
countries to the east and southeast, primarily Ukraine, 
Bulgaria, Romania, Belarus and Moldova. There have also 
been isolated reports of Vietnamese nationals being 
trafficked into Poland. Ukraine continues to serve as 
the source of the greatest number of persons trafficked 
through Poland, although Moldova also serves as the 
source for a substantial percentage of trafficked 
persons.  Poles are trafficked to Western Europe 
including Germany, Italy, Belgium, France, and the 
Netherlands, 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, NGO experts estimate there is a growing 
percentage of victims forced to work in agricultural or 
other menial trades.  NGOs continue to report that the 
number of Polish women trafficked to other countries 
appears to be decreasing, but there are no hard data to 
support this point.  Political will to combat 
trafficking in persons remains strong; during the year 
the government allocated approximately $80,000 from the 
National Budget to implement the National Anti- 
Trafficking plan developed by the interagency Anti- 
trafficking 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 3,500 to 3,600 women working in 
them. Press 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. In addition, they focus on 
women 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, or 
waitresses. The victims are told that their handlers 
will take care of all documentation and are asked to 
turn over their passports. While some of the victims 
may know they are involved in an illegal employment 
ploy, many do not realize that they will be performing 
forced 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, cars, or walking 
across unguarded borders. 
 
21C. There are no limitations on Poland's law- 
enforcement activities, but government efforts on 
education and victim assistance have been primarily 
carried out through NGOs using foreign government 
funding, as well as increasing amounts of local and 
national government funding. According to the 
coordinator of the inter-ministerial working group, 
officers from various government agencies were trained 
in identification of trafficking victims and victim 
assistance in 13 of the 16 Polish provinces during the 
year.  All incoming National Police are reported to 
receive basic instruction on the subject.  More 
advanced training programs and victim assistance 
efforts conducted by foreign governments or NGOs are 
welcomed by GOP officials. Societal factors may play a 
role in the GOP's anti-trafficking program.  Although a 
CBOS survey indicates that awareness has risen 
substantially over the past several years, many average 
Poles still view victims of trafficking as being 
responsible for their own fate. 
 
21D. During the year, the interagency Anti-Trafficking 
working group produced a report that summarized the 
government's implementation of the 2003-2004 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, a La Strada intern 
works with the Polish government to document cases. 
 
3. (SBU) PREVENTION: Answers keyed to paragraph 22 of 
REFTEL 
 
22A. Polish government officials at the highest levels 
are aware of the seriousness of the trafficking problem 
in Poland, and are taking action to address the 
problem.  TIP was one of the issues discussed by the 
newly-appointed Minister of Justice Zbigniew Ziobro and 
Ambassador Ashe in their inaugural meeting in November. 
In April, the second National Action Plan for 2005-2006 
was approved by the Council of Ministers.  In October, 
the government approved the first-ever national budget 
allocation for trafficking victim's assistance. 
 
22B. This National Action Plan was developed by the 
interagency working group composed of high-level 
representatives of 12 government agencies, academics 
and NGOs (including the Ministries of Interior and 
Administration, Foreign Affairs, Education and Justice; 
Border Guards and National Police; NGOs 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 involved in combating 
trafficking. The Prime Minister approved the Program in 
December 2003, and permanent representatives were 
appointed in March 2004.  The Ministry of Interior has 
the lead in coordinating the working group's 
activities. With the exception of the approximately 
$80,000 allocated by the government to the National 
Action Plan for trafficking victim's assistance, 
individual agencies are expected to fund anti- 
trafficking initiatives from their own budgets. 
 
22C. During the year, both Caritas and La Strada 
coordinated with the Ministries of Education and Labor 
and the Border Guards on four separate educational 
campaigns. Caritas provides educational materials and 
instruction to all public secondary school pupils in 
the cities of Katowice, Szczecin, Warsaw, and Poznan. 
Caritas also distributes guidebooks on how to find safe 
work abroad at the unemployment offices run by the 
Ministry of Labor throughout Poland. La Strada 
cooperates with the Border Guards on a "safe travel" 
campaign that distributes information on how to prevent 
trafficking and contact information of helpful 
authorities to individuals crossing the border. La 
Strada also received a grant from the Ministry of 
Education to produce educational leaflets to distribute 
to at-risk groups throughout the country. 
 
22D. The Government of Poland supports a variety of 
social programs that indirectly work to prevent 
trafficking in persons. The Ministry of Labor and 
Social Policy took over competencies of the Government 
Plenipotentiary for Equal Status of Women and Men in 
December 2005. During the year, the Office of the 
Plenipotentiary for Equal Status of Women and Men 
provided financial grants to NGOs for projects realized 
in two areas related to women's rights. The first 
project focused on combating violence, chiefly against 
women, for which it funded grants totaling 
approximately $80,000. The second project, which 
received approximately $25,000, involved promotion of 
women in the labor market, including projects involving 
women from rural areas and disabled women. 
 
The Ministry of Education supports programs aimed at 
lowering the teenage dropout rate, including holding 
parents responsible and assessing fines in cases of 
truancy. Other GOP programs that indirectly help 
prevent trafficking include public awareness campaigns 
against domestic violence and child abuse as well as 
job training programs for unemployed women. The Center 
for Missing and Disappeared Persons (ITAKA) cooperates 
with local and regional governments in their "Don't Run 
Away" program, discouraging youth from abandoning their 
homes. 
 
(note, no 22E question in Reftel) 
 
22F. The GOP recognizes the importance of NGOs and 
other elements of civil society in preventing 
trafficking in persons, and actively worked with them 
in the development of its National Program. The GOP 
relies on -- and works closely with -- NGOs for victim 
protection projects, law-enforcement training, and 
prevention campaigns. The relationship between the GOP 
and anti-trafficking organizations is described as 
open, positive, and deepening by both government 
officials and NGO representatives. 
 
22G. The GOP devotes considerable resources to 
monitoring its borders. The Border Guards continue to 
receive high marks for the quality of their training 
and effectiveness of their enforcement activities from 
Western European counterparts. Thanks to training 
programs implemented by La Strada, Polish border guards 
are now trained to detect and assist victims of 
trafficking.  The Border Guards discover potential TIP 
victims most often during inspections that they hold to 
check the legality of aliens' stays in Poland.  These 
checks are essentially documentary in nature. 
 
22H. Polish officials participate actively in 
international trafficking conferences.  In April 2004, 
Poland was an initial sponsor of a resolution creating 
a U.N. Special Rapporteur on Trafficking in the 
Commission on Human Rights.  A Ministry of Justice 
expert, Krzysztof Karsznicki, sits on the European 
Commission's group of 20 experts on Trafficking. Mr. 
Karsznicki developed special guidelines for the police 
on the implementation of Palermo Protocol definitions 
in practice, which the NGO La Strada referred to as a 
"breakthrough" in investigation of prosecution of 
traffickers.  The Polish National Police (PNP) 
participate in several bilateral task forces that seek 
to share information, track the movements of 
traffickers and victims across borders and coordinate 
repatriations and casework. Bilateral efforts include 
Polish task forces with the Czech, German, and Swedish 
Police forces, and one multilateral task force that 
coordinates efforts between Polish and Baltic-nation 
Police forces on anti-TIP efforts. There is also an 
active National Anti-Corruption Strategy, managed by 
the Ministry of the Interior and Administration.  There 
is currently a draft law in the parliament that 
proposes the creation of a Central Anti-Corruption 
Bureau.  This was a key issue for the victorious Law 
and Justice party during the fall 2005 parliamentary 
campaign. 
 
22J. In August 2003, a coordinated National Program for 
Combating Trafficking was accepted by all GOP agencies 
involved in anti-trafficking efforts. In December 2003, 
the plan was adopted by the Prime Minister, and a Board 
of Directors to implement the plan was named in spring 
2004.  The National Action Plan developed by the 
interagency working group, in direct consultation with 
NGOs, for 2005-2006 received ministerial approval in 
April.  In 2005, the working group also disseminated a 
report on its accomplishments from the 2003-2004 Action 
Plan, which includes a description of 16 in which it 
has improved coordination, official training, outreach, 
public education, witness protection, and victim's 
assistance. 
 
4. INVESTIGATION AND PROSECUTION OF TRAFFICKERS: 
Answers keyed to paragraph 23 of Reftel 
 
23A. 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 Prosecutor's Office 
uses the Protocol's definition of trafficking in its 
prosecutions and indicates it has not been adversely 
affected by the absence of a specific definition in 
Polish national law. 
 
23B. The maximum penalty for trafficking in persons is 
15 years' imprisonment under Article 253 of the 
Criminal Code (minimum of 3 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 10 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, with the most severe sentences reserved 
for those convicted of trafficking minors for the 
purpose of prostitution or luring/abducting adults into 
prostitution abroad. 
 
23C. 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. 
 
23D. 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.  However, 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.  In the opinion of the 
National Prosecutor's 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 
prosecutor's 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. 
 
23E. According to the National Prosecutor's Office, in 
2005 Polish authorities initiated 22 new investigations 
and continued working on 22 ongoing cases.  In 2005, 31 
investigations were completed, of which 19 resulted in 
indictments and 12 were dismissed. Of these 12 
dismissed, 10 lacked sufficient evidence and 2 lacked 
physical presence of the perpetrators.  In the 19 cases 
that resulted in indictments, 42 individuals were 
indicted under article 253 of the criminal code on 
trafficking charges, compared to 39 in 2004. 99 victims 
were involved in the 19 cases that resulted in 
indictments. 10 of these 99 victims were minors, and 37 
of the 99 victims were foreigners, 34 from Ukraine and 
3 from Belarus. Of the 42 individuals indicted, 2 were 
Bulgarian, 2 were German, and one was a Belgian-Polish 
dual national. In the 22 cases that are ongoing, 15 are 
active and 7 are suspended pending foreign legal 
assistance. 
 
According to the National Prosecutor's Office, there 
were 37 convictions under article 253 of the penal code 
throughout 2005. Complete sentencing data is not 
available at time of post's submission for these cases. 
Data is incomplete for 2004, however, according to the 
Ministry of Justice, there were 16 convictions under 
article 253 in 2004 which have been upheld by appellate 
courts. According to the Ministry of Justice, from 
January to July, there were 17 persons sentenced under 
article 253 of the penal code. Of these persons 
sentenced, 4 were sentenced to two years imprisonment, 
8 were sentenced to 3 years of imprisonment and 5 were 
sentenced to 3-5 years of imprisonment. There was one 
additional conviction in which the sentence was 
suspended, but other than that, the individuals 
convicted are serving their sentences in prison. 
 
23F. 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.  Except for 
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. 
 
23G. The GOP actively investigates trafficking. 
Advanced law-enforcement techniques, including 
immunity/mitigation, covert operations, etc., are used 
mainly by the Central Bureau of Investigation (CBI- 
Poland's FBI equivalent), but the CBI is not typically 
involved in the investigation of trafficking cases. 
Prosecutors' ability to protect other witnesses in 
trafficking cases is generally limited to withholding 
of personal data from court records.  Victims' 
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 Prosecutor's 
office indicates that it is likely that any defendant's 
appeal of a conviction based on such 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, Polish 
authorities lack sufficient resources to investigate 
and prosecute the majority of trafficking cases 
originating in Poland. In the past, they prosecuted 
cases that involved persons deported from Germany, but 
increasingly, cases now involve traffickers apprehended 
in Poland. 
 
23H. Incoming border guards and police officers now 
receive some 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 taken part in training, including 
courtroom simulations with volunteer judges.  As part 
of the National Anti-Trafficking Action Plan, 13 of the 
16 Polish provinces had 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 remaining three provinces will receive 
their training in 2006. 
 
23I. Poland cooperates enthusiastically with other 
countries in trafficking cases and the repatriation of 
victims, especially with its closest neighbors. The 
main barrier to increased multinational investigations 
is a lack of funds. In October 2005, the GOP hosted an 
international conference, financed by EU funds, for law 
enforcement officials from neighboring countries to 
address the growing problem of forced labor.  Also 
during the year, the British government financed an 
anti-trafficking international conference where law 
enforcement officials from Ukraine, Moldova, and 
Belarus received training from their Polish 
counterparts on how to detect, prevent, and assist 
victims of trafficking. 
23J. The Polish constitution prohibits extradition of 
Polish citizens.  However, since Poland's entry to the 
EU, citizens may be removed to other EU countries under 
a "European Arrest Warrant," despite the constitutional 
bar. According to the Ministry of Foreign Affair's 
Consular Department, there were no trafficking-related 
extraditions either to or from Poland in 2005. 
 
23K. 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. 
 
23L. There is no evidence that governmental authorities 
condone or are otherwise complicit in trafficking 
activities.  GOP law-enforcement agencies are actively 
increasing their capacity to detect and apprehend 
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. 
 
23M. According to the Nobody's Children Foundation, the 
leading Polish NGO dealing with trafficking in 
children, sex tourism has not been identified as a 
problem in Poland.  They deal with approximately four 
cases of trafficked children per year, and have 
determined that Poland is primarily a transit country 
for child trafficking victims. 
 
23N. 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 Sejm 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 24 of REFTEL A 
--------------------------------------------- --------- 
 
24A. Polish law allows foreign victims to remain in 
Poland legally during the investigation and trial of 
their traffickers.  Also, during the year, 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. Additional legislation has been enacted to 
allow for videoconference testimony from abroad. Polish 
victims are eligible for various welfare services. 
Foreign victims are not eligible for public welfare 
services, however, for the first time ever, the GOP 
allocated national funding for victim assistance in 
2005.  This money, approximately $80,000, was provided 
to La Strada for use in the shelter they opened in 
2004, as well as for the care of victims they do not 
house. An increased amount, of approximately $160,000, 
was also allocated for victim's assistance in 2006. 
During 2005, La Strada assisted 230 victims, of which 
approximately 30 percent were foreigners. 
 
24B. The GOP has significantly increased the dollar 
amount of its funding to La Strada to support victims. 
This funding, approximately $80,000 in 2005 and 
$160,000 in 2006 comes from the national budget through 
the Ministry of Interior. The Center for Women's Rights 
and shelters operated by Caritas and other Catholic 
organizations receive funding from local governments. 
The City of Warsaw allocated approximately $25,000 in 
2005 to partially fund La Strada's crisis intervention 
center and victim's assistance programs.  The national 
government also provides funds to address AIDS 
prevention and domestic violence. 
 
24C. La Strada and Caritas Polska both indicate that 
they are pleased with the degree of cooperation between 
Polish law-enforcement and victim assistance 
organizations. When 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 
able to easily identify and assist trafficking victims. 
 
24D. 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. 
However, 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 in an investigation.  Victims who decide not 
to cooperate would be returned to their countries of 
origin, but in such a way as to attempt to shield them 
from contact with traffickers. 
24E. 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 37 foreign 
victims who participated in the prosecution of their 
traffickers in 2005. 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. 
 
24F. 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 Nobody's 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. 
 
24G. 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. 
 
24H. 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. 
 
24I. 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. POLAND'S TIP HERO 
 
Stana Buchowska, co-founder of La Strada Poland, 
celebrated ten years of regional leadership and 
activism in the fight against trafficking in persons in 
Central and Eastern Europe in September 2005. She and 
her staff, comprised of a few dedicated full-time 
employees and many volunteers, continue to run the only 
shelter in Poland exclusively for trafficking victims 
trying to rebuild their lives. La Strada provides 
trafficking victims, regardless of nationality, with 
psychological counseling, medical attention, 
reemployment training, access to legal representation, 
and countless other services under the auspices of 
their crisis prevention and social rehabilitation 
programs. 
 
Ms. Buchowska is both a skilled, attentive practitioner 
and an effective lobbyist for her cause.  She works on 
a daily basis with Polish law enforcement officials who 
identify trafficking victims and deliver them to her 
capably equipped staff. She also sits on the Polish 
interagency Anti-Trafficking working group and pushes 
her government to do even more to help. Ms. Buchowska 
and her organization have developed such a reputation 
for excellence and commitment that this year, the 
Government of Poland decided to directly fund La 
Strada's activities for the first time ever, allocating 
over $250,000 dollars over two years to be spent 
exclusively on victim's assistance. Ms. Buchowska 
travels extensively throughout the region to La Strada 
partner organizations, regional conferences, and to 
conduct trainings in Poland's neighboring countries. La 
Strada has long been considered the primary Polish 
source of information on trends, statistics, and other 
trafficking in persons-related issues.  La Strada is 
viewed as a model for nascent civil societies beginning 
to involve themselves in the fight against trafficking. 
 
Ms. Buchowska is a member of the Global Alliance 
Against Trafficking in Women, as well as the recipient 
of multiple awards for her service to her local, 
national, and global communities. Stana Buchowska is a 
dynamic, yet humble, anti-trafficking hero. 
 
NOTE: Stana Buchowska's 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 minimum standards for elimination of 
trafficking and has demonstrated a political 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; adopted a new law 
permitting trafficking victims to remain legally in 
Poland to assist in investigations and prosecutions; 
continued positive development of the National Action 
Plan and National Working Group; and creative, 
effective strategies designed to incorporate 
international and EU definitions related to trafficking 
and minors into the Polish legal framework, even where 
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 Poland's continued progress and 
commitment to combating trafficking, Post strongly 
supports the continued inclusion of Poland in Tier I. 
ASHE