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PP RUEHAG RUEHAST RUEHDA RUEHDBU RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA
RUEHLN RUEHLZ RUEHROV RUEHSR RUEHVK RUEHYG
DE RUEHSF #0259/01 0590710
ZNR UUUUU ZZH
P 280710Z FEB 07
FM AMEMBASSY SOFIA
TO RUEHC/SECSTATE WASHDC PRIORITY 3294
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE PRIORITY
RUEAWJA/DEPT OF JUSTICE WASHINGTON DC
RUEAHLC/HOMELAND SECURITY CENTER WASHINGTON DC
RUEAUSA/LABOR DEPT WASHINGTON DC
RUEATRS/DEPT OF TREASURY WASHINGTON DC

UNCLAS SECTION 01 OF 06 SOFIA 000259 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
DEPARTMENT FOR G/TIP (Hall), G, INL, DRL, IWI, PRM, EUR/PGI, EUR/NCE 
(NORDBERG) 
DEPARTMENT PASS TO USAID 
DOJ FOR OPDAT, ICITAP, CEOS, AND CRD 
 
E.O. 12958: N/A 
TAGS: PHUM KCRM KWMN SMIG KFRD ASEC PREF ELAB BU
SUBJECT: BULGARIA: 2007 ANTI-TRAFFICKING IN PERSONS (TIP) REPORT 
 
REF: STATE 3836 
 
¶1.   SUMMARY: This cable provides Embassy Sofia's input for the 
seventh annual Anti-Trafficking in Persons (TIP) report.  Bulgaria 
is primarily a country of origin and transit, and to a lesser degree 
a country of destination for human trafficking.  The past year has 
seen the appointment of the new Executive Secretary to the National 
Anti-Trafficking Commission, and continued cooperation between law 
enforcement and NGOs in countering trafficking.  The government has 
continued to implement anti-trafficking legislation and related 
regulations, and utilized witness protection legislation to protect 
victims of trafficking.  Primary point of contact on trafficking is 
Political Officer Anna Radivilova (radivilovaa@state.gov, tel: +359 
2937 5276, fax: +359 2937 5320).  Approximately 50 hours of staff 
time were required for the completion of this report.  END SUMMARY. 
 
-------- 
OVERVIEW 
-------- 
 
¶A.   Bulgaria is primarily a country of origin and transit, and to a 
lesser extent a country of destination for trafficking in persons. 
Law enforcement officials reported an increase in cases of Bulgarian 
citizens trafficked abroad.  Internal trafficking exists, and like 
cross-border trafficking, is primarily for purposes of sexual 
exploitation. 
 
Most victims trafficked from or through Bulgaria are sent to 
Germany, Belgium, France, Italy, and other Western European 
countries.  Bulgarian victims are also trafficked to destinations in 
the Balkans - Greece, Turkey, and Macedonia.  The business of 
prostitution in these areas has traditionally centered around bars 
and nightclubs, but NGOs report that law enforcement pressure has 
caused a shift toward call-girl operations managed from private 
apartments.  Because they operate away from the public eye, such 
prostitution networks are harder for NGOs and law enforcement to 
monitor and may contribute to a less clear picture of intra-Balkan 
trafficking networks. 
 
The prosecution service reported 329 victims of trafficking in 2006, 
of them 252 were women, 15 were men, 61 girls and 1 boy under the 
age of 18.  The prosecution service's definition of 
trafficking-related crimes includes offenses such as enticement into 
forced prostitution. According to the prosecution service, there 
were 139 victims of enticement into forced prostitution, of which 
113 were women, 2 men, 22 girls and 2 boys under the age of 18. 
 
 
The International Organization for Migration (IOM) reported 
assisting 82 victims in Bulgaria in 2006, compared to 70 victims 
assisted in 2005.  Of the victims assisted in 2006, 4 were foreign 
women trafficked to or through Bulgaria, and 24 were minors. 
 
The General Directorate for Combating Organized Crime (GDBOP) of the 
Ministry of Interior (MOI) heads an Anti-Trafficking Task Force, 
which gathers official information from all MOI units on trafficking 
investigations.  The Supreme Cassation Prosecution Service gathers 
information from all prosecution offices on all trafficking-related 
cases from their initiation through sentencing.  The Ministry of 
Justice (MOJ) gathers information on all trafficking-related cases 
from courts, and coordinates its reporting with the Supreme 
Cassation Prosecution.  The IOM maintains information on the number 
of trafficking victims based on cases it has actually assisted in 
its centers.  NGOs (including the Nadja Centre Foundation (NCF) and 
AAF) also maintain information on the number of trafficking victims 
that they have actually assisted in their centers. 
 
Young women aged between 18 and 24 were most vulnerable to be 
trafficked, according to the GDBOP, IOM and NGOs.  Also, the IOM and 
the NCF identified those with lower education and those with 
problematic family relations as groups more at risk of being 
trafficked.  Minorities, particularly Roma, were more vulnerable to 
trafficking: Roma accounted for over one-third of trafficking 
victims, much higher than their estimated population proportion of 
between 6 and 7 percent.  Roma children were particularly vulnerable 
to internal and external trafficking for purposes of begging and 
delinquency. 
 
¶B.   Bulgarian trafficking victims tend to come from regions with 
high unemployment and poor economic conditions.  The NCF noted 
higher numbers of victims originating from the southwest and the 
northeast of the country.  The GDBOP and IOM reported that foreign 
victims came from Romania, Moldova, Russia, Ukraine, Armenia, 
 
SOFIA 00000259  002 OF 006 
 
 
Lebanon and Central Asia.  The GDBOP identified Germany, Italy, the 
Netherlands, Greece, Turkey, Belgium, France, Spain, Austria, the 
Czech Republic, Poland, Macedonia as destinations for victims 
trafficked from and through Bulgaria. 
 
Foreign victims were principally recruited through promises of work, 
while Bulgarian victims were most often recruited through close 
friends or acquaintances.  Both Bulgarian and foreign victims of 
trafficking generally traveled using genuine rather than forged 
documents.  This was universally true in cases involving Bulgarian 
citizens, who do not require visas to travel to the EU. 
 
Political will to combat trafficking remained strong in 2006; 
however, formal implementation of the National Strategy for 
Combating Human Trafficking was delayed until the government 
appointed a new Executive Secretary to the run the day-to-day 
operations of the National Anti-Trafficking Commission in December 
¶2006.  The previous Secretary had left the position in June 2006. 
 
 
¶C.   Officials at high levels of government are committed to 
combating trafficking and implementing effective rule of law; 
however, the government's ability to address the problem effectively 
is hampered by lack of resources and corruption.  There is no 
wide-ranging pattern of corruption related to trafficking in 
persons, however low salaries and lack of resources expose 
individual border and customs officials to bribes and threats from 
criminal groups involved in trafficking. 
 
¶D.   According to the Bulgarian anti-trafficking legislation, the 
National Anti-Trafficking Commission is supposed to systematically 
monitor the government's anti-trafficking efforts and implement the 
overall anti-TIP strategy.  In the absence of the Executive 
Secretary of the Commission, the prosecution service and 
 
SIPDIS 
investigators provided the most reliable trafficking statistics. 
While individual ministries and agencies continue to report annual 
statistics on trafficking, it is hoped that the newly-activated 
Secretariat will succeed in harmonizing statistical collection and 
 
SIPDIS 
standardizing reporting on trafficking issues. 
 
---------- 
PREVENTION 
---------- 
 
¶A.   The GOB acknowledges that trafficking is a problem. 
 
¶B.   The Ministry of Interior (MOI), Ministry of Justice (MOJ), 
Ministry of Labor and Social Policy (MLSP), Ministry of Health 
(MOH), Ministry of Foreign Affairs (MFA), Ministry of Education, 
State Agency for Child Protection (SACP), Central Commission for 
Combating Juvenile Delinquency, Supreme Court of Cassation, Supreme 
Cassation Prosecution and National Investigation Service (NIS) are 
all involved in anti-trafficking efforts and are represented on the 
National Anti-Trafficking Commission. 
 
¶C.   With the support of the government and local authorities, the 
IOM and the Bulgarian Red Cross have conducted a successful "Open 
Eyes" campaign, which aims to increase awareness of trafficking 
among high-risk communities.  NGOs such as Face to Face Bulgaria and 
CARE Bulgaria cooperated with local educational officials to screen 
trafficking awareness films and distribute anti-trafficking 
materials.  The AAF organized an international film festival with 
films depicting trafficking and its consequences.  The National 
Border Police, with the support of DOJ, developed a short film and 
training module used to educate front-line officers on 
identification, interviewing, and assistance of trafficking victims. 
 The Bulgarian Ministry of Foreign Affairs continued to implement a 
trafficking awareness program aimed at standardizing identification 
and referral procedures for victims of trafficking by Bulgarian 
consular officers posted abroad. 
 
¶D. The government, through the Ministry of Labor and Social Policy 
(MLSP), has implemented an extensive program designed to encourage 
school attendance by providing hot milk and breakfast to children 
across the country in the first through fourth grades.  Children 
also receive free textbooks in order to allow even the poorest 
children to attend.  The MLSP continued to implement programs aimed 
at helping women develop entrepreneurial skills and become 
economically self-sufficient.  A World Bank-financed project run by 
the MSLP funded social service centers at ten locations throughout 
the country that provided daycare and counseling services to single 
mothers and their children.  The State Agency for Child Protection 
continued to implement the National Strategy for the Children of the 
 
SOFIA 00000259  003 OF 006 
 
 
Street.  This program included putting street children in protective 
custody and providing them with educational and psychological 
support. 
 
¶E. NGOs and international organizations such as the IOM report 
excellent cooperation with law enforcement colleagues and other 
government contacts.  The government does not allocate direct 
funding to such groups, but works with them closely on 
identification, referral, and assistance to victims of trafficking. 
NOT FOR PUBLIC DISTRIBUTION: NGOs and government officials also 
cooperate to facilitate prosecution of trafficking perpetrators by 
providing witness protection and assistance to victims of 
trafficking who testify against their traffickers. 
 
¶F. Effective monitoring of immigration and emigration patterns is 
hampered by the fact that travel between Bulgaria and its neighbors 
as well as to the EU is largely visa-free.  In addition, the overall 
number of trafficking victims is a tiny fraction of the hundreds of 
thousands of Bulgarian citizens working abroad legally.  The 
National Border Police actively monitors airports and land border 
crossings for evidence of trafficking in persons; however, with 
Bulgaria's membership in the EU, passport control for EU citizens is 
becoming less stringent. 
 
G   The National Anti-Trafficking Commission, instituted at deputy 
ministerial level with the 2003 counter trafficking legislation, is 
responsible for coordinating and monitoring all anti-trafficking 
activities throughout the country.  An inter-ministerial 
anti-corruption commission, headed by the Minister of Interior, 
coordinates the efforts of each government agency's internal 
inspectorate in fighting public corruption and also engages in 
public awareness campaigns. 
 
¶H.   The government's current National Strategy for Combating Human 
Trafficking has been in effect since July 20, 2006.  It was 
developed in consultation with all relevant government agencies, as 
well as NGOs and the IOM.  The strategy has been disseminated to all 
relevant implementing partners. 
-------------------------------------------- 
INVESTIGATION AND PROSECUTION OF TRAFFICKERS 
-------------------------------------------- 
 
¶A.   In 2002, amendments were adopted to the Criminal Code that set 
specific punishments for trafficking.  Section 159.A of the Criminal 
Code corresponds to the Palermo Protocol and provides for 
punishments according to the Protocol.  Section 159.B addresses 
recidivism and severe forms of trafficking and provides for 
punishments according to the Protocol.  A 2004 amendment to the 
Criminal Code allowed for prosecution of intermediaries involved in 
baby smuggling. Further revisions to the Code, in effect since 
October 2006, specifically criminalized trafficking of pregnant 
women for the purpose of baby selling. A separate provision punishes 
the mothers who consent to the sale, both in the country and abroad. 
The Criminal Code also punishes rape, slavery, forced prostitution 
and activities related to prostitution.  Current Bulgarian 
legislation allows for the investigation and prosecution of all 
forms of human trafficking, not only the most severe forms mandated 
by the Palermo Protocol.  Trafficking is among the offenses covered 
by the 2005 Asset Forfeiture Law, which allows for confiscation of 
illegally acquired property.  Victims of trafficking can also sue 
for civil damages. 
 
¶B.   All forms of human trafficking are equally penalized, 
regardless of the form of exploitation.  The punishment for 
trafficking in persons may include 1 to 8 years in prison and fines 
up to approximately $5,000 (8,000 leva).  If aggravated 
circumstances exist -- e.g., a minor or kidnapping was involved -- 
penalties increase to 2 to 10 years in prison and fines of up to 
approximately $6,250 (10,000 leva).  Penalties for trafficking 
persons across borders increase to 3 to 10 years' imprisonment and 
fines of up to approximately $9,375 (15,000 leva).  The same 
increased punishment is provided for trafficking of pregnant women 
for the purpose of baby selling.  If the act of trafficking was 
carried out in connection with an organized crime group or 
constituted a serious repeat offense, penalties increase to 5 to 15 
years' imprisonment with fines of up to approximately $12,500 
(20,000 leva) and the possibility of forfeiture of assets. 
 
Inducement to prostitution is punishable by up to 3 years' 
imprisonment. Prior to the October 2006 revisions of the Criminal 
Code, the penalty rose to 10 to 20 years if the crime was performed 
by or through an organized crime group, if the victim was a minor 
under age 18 or legally incompetent, if two or more persons were 
 
SOFIA 00000259  004.2 OF 006 
 
 
induced into prostitution, or if the offense was repeated. In 
October 2006, amendments to the law inadvertently created a loophole 
that significantly limited penalties for inducement to prostitution. 
 In a particularly notorious case, a defendant who was appealing his 
12-year sentence when the law was amended was released because the 
new maximum penalty for his crime was three years.  After a public 
outcry, Parliamentarians moved to correct the loophole and reinstate 
the original penalties.  At the time of this report, the revision 
was still moving through Parliament. 
 
¶C.  As described in paragraph B, labor trafficking is covered by the 
same legal clauses and warrants the same punishments as other forms 
of trafficking.  Labor recruiters and employers who falsely entice 
workers or forcibly hold them in the destination countries can be 
punished with up to 10 years imprisonment.  Law enforcement 
officials report an increase in Bulgarian citizens trafficked abroad 
for labor purposes, especially to Greece.  With Bulgaria's accession 
to the European Union, labor flow to other EU countries is expected 
to increase.  At the time of this report, the prosecution was 
investigating 6 labor-trafficking cases and awaiting responses to 
letters rogatory from the Greek authorities. 
 
¶D.   Sentences for rape range between 2 and 8 years' imprisonment; 
sentences increase to between 3 and 10 years if the perpetrator is a 
repeat offender, or if the victim is underage or a descendent 
relative.  In cases where rape results in serious bodily injury or 
suicide of the victim, sentences range between 10 and 20 years. 
 
¶E.   Prostitution is not prohibited by law but is also not legally 
regulated.  In February, a working group led by the Interior 
Ministry was set up to draft prostitution-specific legislation. 
Under the Criminal Code, a variety of activities often associated 
with prostitution, such as pimping, are illegal.  Penalties for 
related activities include up to 3 years imprisonment for pimping 
and up to 5 years imprisonment for operating organized prostitution 
establishments.  Forced prostitution is illegal and is punishable by 
up to 6 years imprisonment for perpetrators or between 3 and 10 
years imprisonment for government officials involved in the 
activity. 
 
¶F. According to the prosecution service 219 trafficking 
investigations were initiated during the year against 272 
individuals.  202 of the investigations concerned trafficking for 
the purpose of sexual exploitation, 6 dealt with labor exploitation 
and 11 pertained to trafficking of pregnant women for the purpose of 
baby selling.  As a result, the prosecutors filed in court 72 
indictments against 129 individuals, 3 of whom were foreign 
nationals.  A total of 71 persons were convicted on trafficking 
charges and 5 were acquitted.  In addition, 138 investigations were 
launched against 168 persons for enticement into prostitution which 
resulted in 37 indictments against 53 individuals.  The courts 
passed 42 sentences.  In some of the cases the prosecutors pressed 
multiple charges against the perpetrators.  Offenders convicted of 
trafficking generally served the full sentences mandated by the 
court. 
 
¶G.   In larger cities such as Sofia, Plovdiv, Varna and Burgas, 
sexual exploitation tends to be controlled by organized criminal 
organizations while small crime groups and freelance operators are 
involved in smaller cities and towns.  There have been some reports 
of agencies offering foreign employment opportunities operating as 
fronts for trafficking operations; however, according to the 
government and NGOs, the vast majority of Bulgarian trafficking 
victims are recruited individually through a friend, relative, or 
acquaintance. 
 
¶H.   The government actively investigates trafficking cases, as 
reflected in statistics provided in paragraph F of this section. 
The Military Prosecution Service also actively investigates and 
prosecutes crimes perpetrated by military and law enforcement 
personnel, including trafficking-related offenses. 
 
The Criminal Procedure Code provides for the use of special 
investigative techniques for collecting evidence in trafficking 
cases.  The MOI reported that special investigative techniques are 
actively used in combating organized crime and trafficking. 
Permitted special techniques include surveillance, interception, 
tracing of persons, entry into premises, monitoring of 
correspondence and marking of objects.  Covert operations are 
permitted under the revised Criminal Procedure Code, which took 
effect in May 2006. 
 
¶I.   As discussed in paragraph C of the prevention section, the 
 
SOFIA 00000259  005 OF 006 
 
 
government and its international and NGO partners provide front-line 
law enforcement officers with training in the identification and 
investigation of cases of trafficking. 
 
¶J.   The GOB actively cooperates with other governments in 
investigating and prosecuting cases of trafficking.  During the 
year, there were Bulgarian liaison officers from the MOI working in 
Athens, Berlin, London, Madrid, Paris, Prague, Skopje, Vienna, 
Warsaw, at Europol in The Hague, at the SECI Center in Bucharest, 
and in other locations.  These liaison officers actively worked on 
international trafficking investigations.  Bulgarian law enforcement 
authorities continued joint investigations with French, Italian and 
Greek counterparts into the trafficking of Bulgarian infants to 
France, Italy and Greece. 
 
¶K.   In 2005, the Bulgarian Parliament adopted an amendment to the 
Constitution allowing the extradition of Bulgarian citizens for 
crimes committed abroad pursuant to international treaty.  Under the 
terms of the Palermo Protocol, this provision applies to human 
trafficking as well as other crimes.  Implementing legislation 
allowing for the extradition of Bulgarian nationals has been in 
force since July 2005.  During the year, the Prosecution granted 33 
requests for extradition on trafficking charges. 31 of them were 
Bulgarian nationals and 3 were third-country nationals. 
 
¶L.   There is no evidence of government involvement in or tolerance 
of trafficking on an institutional level.  However, there have been 
reports of low-level law enforcement officials being involved in 
trafficking-related corruption. 
 
¶M.   During the year one police officer was convicted of enticement 
into prostitution. 
 
¶N.   Bulgaria does not have an identified child sex tourism 
problem. 
 
¶O.   Bulgaria has signed and ratified the following international 
instruments: 
 
-- ILO Convention 182 was ratified 28 July 2000; 
-- ILO Convention 29 was ratified 22 September 1932; 
-- ILO Convention 157 was ratified 23 March 1999; 
-- UN Convention on the Rights of the Child (CRC) was signed 31 
March 1990 and ratified 3 June 1991. The Optional Protocol to the 
CRC on Sale of Children, Child Prostitution and Child Pornography 
wassigned 8 June 2001 and ratified 12 February 2002; 
-- UN Convention Against Transnational Organized rime and the 
supplemental Protocol to Prevent, Supress and Punish Trafficking in 
Persons, especialy Women and Children were signed 13 December 2000 
and ratified 5 December 2001. 
 
----------------------------------- 
PROTECTION AND ASSISTANCE T VICTIMS------------------------------------ 
 
.   The 2003 Anti-Trafficking Act created a specia immigration 
status for foreign trafficking victms who choose to cooperate in 
trafficking investgations.  The status provides for full residencyand employment rights until the end of criminal proeedings.  For 
foreign citizen victims who choosenot to cooperate in trafficking 
investigations, he GOB provides 10 days plus one month for 
recovery; if at the end of the recovery period victims still choose 
not to cooperate in the trafficking investigation, they are 
transported to their country of origin.  The recovery period for 
foreign citizen child victims, at the recommendation of the SACP, is 
ten days plus two months.  The Anti-Trafficking Act provides for 
repatriated Bulgarian trafficking victims to receive the same 
assistance and care as foreign and Bulgarian trafficking victims 
identified within the country.  NGOs and government agencies do not 
distinguish between foreign victims and Bulgarian citizens in 
providing assistance to trafficking victims. 
 
Trafficking victims receive voluntary, confidential, free medical 
care through public hospitals and NGOs such as Medecins sans 
Frontieres (MSF).  Psychological and psychiatric care provided to 
victims of trafficking by NGOs such as AAF and MSF is rated by the 
IOM as among the highest-quality in Southeastern Europe. 
 
The Government referred trafficking victims to the IOM and NGOs 
(primarily the AAF) for sheltering and assistance with legal and 
other needs.  In September the Government opened the first of three 
planned crisis centers for children victims of trafficking, aimed to 
help rehabilitate and integrate the children through specialized 
 
SOFIA 00000259  006 OF 006 
 
 
treatment and education. The center is under 24-hour police 
protection.  It offers psychological and medical assistance to 
victims and has the capacity to shelter 10 kids aged between 6 and 
18 for a period of up to 6 months.  The center's social workers seek 
to ensure the safe return of the children in their biological 
families after this period expires and, whenever necessary, to find 
them appropriate accommodation in a specialized institution or a 
foster family. 
 
 
¶B.   The Government supports the IOM and NGOs in their assistance to 
trafficking victims.  Part of this assistance includes providing 
facilities and police protection for IOM-operated shelters and safe 
houses throughout the country. 
 
¶C.   MOI law enforcement personnel routinely refer victims of 
trafficking to the NGO partners mentioned above.  Training modules 
employed by government agencies emphasize sensitivity and the 
importance of differentiating between trafficking victims and 
offenders.  Consular officers posted to Bulgarian embassies and law 
enforcement personnel received training on recognizing trafficking 
victims and how to refer victims to the IOM and NGOs for legal, 
medical and psychological assistance. 
 
¶D.   According to the IOM, victims are treated with full respect for 
their rights, according to international norms, and are not treated 
as criminals.  Victims are generally not detained, fined, or 
prosecuted for minor offenses. 
 
¶E.   The GOB encourages victims to assist in the investigation and 
prosecution of trafficking cases and provides special status for 
foreign citizen victims who choose to render such assistance.  A 
witness protection program is available to Bulgarian citizen victims 
who choose to render similar assistance.  All trafficking victims 
have the right to seek assistance from government agencies, and 
these agencies are obligated to assist them.  Victims can also file 
civil suits for material and moral damages suffered. 
 
¶F.   Legislation governing the government's witness protection 
program was adopted in 2004, and the program's initial 
implementation began in 2005.  Trafficking victims have been 
protected under this program, which offers special protection 
measures to witnesses, victims, defendants, suspects, convicts, and 
experts providing essential testimony, explanations, or information 
in trafficking cases, as well as their close relatives.  Protective 
measures for witnesses range from being provided a personal guard 
and temporary placement in safe houses to changing residence or 
workplace to changing identity in extreme cases.  The legislation 
also provides for witnesses to be transferred abroad if there are 
not sufficient security guarantees in country. 
 
¶G.   In association with the IOM and NGOs, the Government conducted 
trafficking prevention and awareness programs, including programs 
for law enforcement officers and consular officers posted to 
Bulgarian embassies abroad.  These programs included segments 
addressing the legal provisions relating to human trafficking as 
operational and psychological treatment for trafficking victims. 
 
¶H.   The Government referred repatriated Bulgarian trafficking 
victims to the IOM and NGOs (primarily AAF) for legal, medical and 
psychological assistance.  The Anti-Trafficking Act provides for 
repatriated Bulgarian trafficking victims to receive the same 
assistance and care as trafficking victims identified within the 
country. 
 
¶I.   The IOM is the primary organization involved in addressing 
trafficking and assisting trafficking victims. The AAF and NCF also 
provide assistance to trafficking victims.  All three organizations 
report having excellent cooperation with Government officials, on a 
national and local level, including support for shelters and 
awareness/prevention campaigns, referring victims to the 
organizations for assistance and providing protection and support to 
the organizations and their representatives. 
 
BEYRLE