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UNCLAS SECTION 01 OF 17 WARSAW 000538 
 
SIPDIS 
 
SIPDIS 
SENSITIVE 
 
DEPT PASS USAID 
G, INL, DRL, PRM, IWI, EUR/PGI 
G/TIP FOR MEGAN HALL 
EUR/NCE FOR BART PUTNEY 
 
E.O. 12958: N/A 
TAGS: KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB
PL 
SUBJECT:  POLAND: SEVENTH ANNUAL (2007) TRAFFICKING IN 
PERSONS REPORT SUBMISSION 
 
REF: 06 STATE 202745 
 
¶1. (SBU) Following are responses keyed to questions in 
paragraphs 27-31 of REFTEL.  Embassy point of contact 
is Political Officer Daniel Gedacht (telephone: 48-22- 
504-2621, fax 48-22-504-2613, e-mail 
GedachtDC@state.gov).  POLOFF (FO-04) spent 45 hours 
collecting data and compiling report; one political 
locally engaged staff member spent a total of 45 hours 
collecting data. 
 
¶2. (SBU) OVERVIEW: Answers keyed to para 27 of REFTEL 
 
 
27A. Poland is a country of origin, transit and 
destination for trafficking in persons.  The main 
groups at risk are unemployed women, women from the 
poorest regions of Poland, and victims of domestic 
violence.  Some trafficking occurs within Poland's 
borders, but most cases involve women and children 
being trafficked to, from, or through Poland.  The 
illicit nature of trafficking in persons makes it 
difficult to determine the number of victims, 
particularly those of Polish citizenship, and 
estimates vary substantially.  The main sources for 
information and statistics contained in this cable are 
international and local non-governmental organizations 
(NGOs), UN officials, OSCE/ODIHR contacts, and Polish 
officials, including those in the Ministry of Foreign 
Affairs, Ministry of Interior Affairs and 
Administration, Ministry of Justice, Border Guards and 
National Police.  All of these have proven to be 
reliable sources. 
 
27B. Since Poland joined the European Union in 2004 
there has been a notable rise in trafficking of Polish 
men and women to EU countries for forced labor. 
Persons are trafficked to and through Poland from 
countries to the east and southeast, primarily 
Ukraine, Moldova, Belarus, Bulgaria, Romania, 
Lithuania, and Russia.  There are also growing reports 
of Vietnamese nationals, along with small but notable 
numbers of Cameroonians, Somalis, and Ugandans being 
trafficked into, within, and through Poland.  Ukraine 
continues to serve as the greatest source of persons 
trafficked through Poland, with Moldova also serving 
as a substantial source.  Poles and foreigners are 
trafficked to Western Europe, especially Austria, 
Belgium, Denmark, Germany, Greece, Italy, the 
 
WARSAW 00000538  002 OF 017 
 
 
Netherlands, Spain, and Sweden, as well as to Japan 
and Israel. Police statistics based on arrests and 
other direct contacts indicate that about 30 percent 
of the 7,300 prostitutes known to be working in Poland 
are of foreign origin.  Most trafficking involves 
women trafficked into the sex trade, however, police 
and NGO experts estimate there is a growing percentage 
of victims forced to work in agricultural or other 
menial trades, a fact highlighted by two high-profile 
cases in 2006 of organized trafficking rings of Poles 
for forced labor (para 29J). 
 
Political will to combat trafficking in persons 
remains strong; during the year the government 
allocated approximately $130,000 from the national 
budget to implement the National Anti-Trafficking 
Action Plan developed by the Interagency Anti- 
Trafficking Working Group (the " Interagency Working 
Group.")  NGO experts report that their cooperation 
with the government continues to improve. 
 
Victims are trafficked to Poland primarily for work in 
"massage parlors" and "escort agencies," i.e., 
brothels.  However, there have also been documented 
cases of victims forced to work in agriculture, in 
sweatshops and forced to beg on the streets.  Victims 
in the sex trade are forced to work as nude dancers or 
prostitutes, and are often deprived of their passports 
and identity papers, and threatened with violence.  In 
the case of forced prostitution, victims failing to 
service a minimum number of clients each day may 
suffer physical abuse.  Police estimate 750 "escort 
agencies" operate in Poland, with approximately 3,500 
women working in them.  Press and NGO sources, 
meanwhile, put the number of women working in all 
elements of the sex industry in Poland at anywhere 
from 18,000 to 20,000. 
 
Traffickers in Poland target young, unemployed or 
poorly paid Polish women for the sex trade, and poor 
men and women for labor.  They focus on individuals 
with poor family ties and weak support networks. 
According to the NGO La Strada, 80 percent of Polish 
victims are under 24 years of age.  Traffickers 
approach young victims with promises of lucrative jobs 
in Western Europe as domestic workers, dancers, cooks, 
agricultural laborers, or wait staff.  The victims are 
told that their handlers will take care of all 
documentation and are asked to turn over their 
 
WARSAW 00000538  003 OF 017 
 
 
passports.  While some of the victims may know they 
are involved in an illegal employment ploy, most do 
not realize that they will be performing forced sexual 
services or labor.  A second method of recruitment is 
for a trafficker, usually residing permanently outside 
Poland, to feign emotional involvement and persuade 
his future victim to visit him abroad.  In both cases, 
victims are subsequently detained and forced into 
prostitution through threat, blackmail or violence. 
Often, traffickers are connected with organized crime 
syndicates.  If a victim is transported with 
documentation, they travel by train or car; if 
illegally, they are hidden in trucks or cars, or walk 
across unguarded borders. 
 
27C. There are no limitations on Poland's law- 
enforcement activities, but government efforts on 
education and victim assistance have been primarily 
carried out by NGOs using increasing amounts of local 
and national government funding along with foreign 
government funding. According to the coordinator of 
the Interagency Working Group, officers from various 
government agencies were trained in identification of 
trafficking victims and victim assistance in all of 
the 16 Polish provinces during the year.  All incoming 
National Police are reported to receive basic 
instruction on the subject.  Police and border guards 
participated in joint training exercises with the 
United States, Great Britain, and Ukraine, and GOP 
officials welcome victim assistance and other advanced 
training programs. 
 
Poland's criminal code outlaws human trafficking, but 
does not specifically define it.  NGOs, law 
enforcement, and prosecutors generally use the 2001 
Palermo Protocol definition in addressing human 
trafficking; however NGOs claim that the absence of 
such a definition in national law is problematic 
because prosecutors and especially judges are not 
sufficiently well informed or aware of the offense. 
The Interagency Working Group ranks amending the 
criminal code to incorporate the Palermo Protocol 
definition as a major priority of the National Action 
Plan for 2007-2008. 
 
Proper identification of victims of trafficking is 
another problem.  Despite increased training efforts 
for police and border guards, countless victims are 
not properly identified. To address this, Warsaw 
 
WARSAW 00000538  004 OF 017 
 
 
University's Human Trafficking Studies Center prepared 
a questionnaire to aid the identification of victims, 
and a six-month trial is underway in four provinces 
during the first half of 2007. 
 
The GOP has increased its trafficking awareness 
program through posters and billboards, as well as by 
financially supporting NGOs to produce such materials. 
The high-profile Italian forced labor case (para 29J), 
in which over 300 Poles were held in forced labor 
camps, with and the whereabouts of at least nine 
Polish nationals still unknown, may have had an impact 
on changing the publicQs attitude. 
 
27D. During the year, the Interagency Working Group 
produced a report that summarized the governmentQs 
implementation of the 2005-2006 National Action Plan. 
The National Police Public Affairs Unit informs the 
public systematically about its efforts and publishes 
its trafficking statistics annually on its website. 
The National Prosecutor's Office of the Ministry of 
Justice maintains records of investigations and legal 
actions taken against traffickers, and works closely 
with provincial and local prosecutors to ensure 
accurate reporting.  In addition, La Strada works with 
the Polish government to document cases. 
 
¶3. (SBU) PREVENTION: Answers keyed to paragraph 28 of 
REFTEL 
 
28A. Polish government officials at the highest levels 
acknowledge the seriousness of the trafficking problem 
in Poland, and are taking action to address the 
problem.  In January the Interagency Working Group 
adopted the National Action Plan for Combating and 
Prevention of Human Trafficking for 2007-2008, which 
follows on and strengthens the previous Plans from 
2003-2004 and 2005-2006. 
 
28B. The National Action Plan was developed by the 
Interagency Working Group composed of high-level 
representatives of 12 government agencies, academics 
and NGOs (Ministries of Interior and Administration, 
Foreign Affairs, Education, Labor and Social Policy, 
and Justice; Border Guards and National Police; NGOs 
Caritas, La Strada, and Nobody's Children, and the 
University of Zielona Gora).  The National Program is 
a strategy document that seeks to coordinate the 
efforts of various GOP and private sector entities 
 
WARSAW 00000538  005 OF 017 
 
 
involved in combating trafficking.  The Ministry of 
Interior has the lead in coordinating the working 
group's activities. The GOP allocated approximately $2 
million to the National Action Plan for trafficking 
victim's assistance.  Outside of this, individual 
agencies are expected to fund anti-trafficking 
initiatives from their own budgets. 
 
28 C. During the year, both La Strada and Caritas ran 
a number of education/prevention campaigns on human 
trafficking that government bodies funded. Between 
April and December La Strada organized a series of 
workshops on human rights and violence against women 
for at-risk teenage girls living in Warsaw orphanages 
and child care centers.  The Warsaw local government 
and British Embassy co-funded these sessions.  The 
British Embassy also sponsored a La Strada information 
campaign in schools in poorer, rural regions.  La 
Strada further organized an awareness campaign at 
Polish-Ukrainian border crossings aimed at Ukrainian 
females, and published guidebooks aimed at informing 
Poles going abroad for work and foreign women coming 
to Poland to work about the risks of trafficking. 
 
The Catholic NGO Caritas Warsaw used its own funds to 
organize prevention campaigns in Warsaw high schools. 
The campaign took the form of two- and four-hour 
workshops on human trafficking and forced 
prostitution.  Caritas Warsaw also joined an 
international campaign against trafficking in persons 
and forced prostitution organized by German and Dutch 
NGOs for the 2006 World Cup in Germany.  In 
cooperation with the Border Guards and governors of 
Dolnoslaskie, Lubuskie and Zachodniopomorskie 
Provinces, Caritas Warsaw distributed more than eight 
thousand leaflets and two thousand posters in Polish, 
Bulgarian, Russian, Romanian and English. 
 
The Interagency Working Group sponsored two 
conferences on trafficking in March and November, 
which brought together leading national and 
international government ministries, law enforcement 
bodies, and NGOs to highlight the problem of 
trafficking.  A similar conference will take place in 
June 2007, and the GOP has designated June 11 as "TIP 
Victims' Day." 
 
28D. The Government of Poland supports a variety of 
social programs that indirectly work to prevent 
 
WARSAW 00000538  006 OF 017 
 
 
trafficking in persons by promoting the status of 
women.  After the Office of the Government 
Plenipotentiary for Equal Status of Women and Men 
closed down in 2005, the Ministry of Labor and Social 
Policy took over its responsibilities. The MinistryQs 
Department for Women, Family and Counteracting 
Discrimination is implementing a number of projects 
aimed at combating gender discrimination at 
workplaces. Many of the projects are either funded or 
co-funded by EU structural funds.  The projects 
include research on the status of women in the labor 
market, promoting gender equality through the 
internet, and encouraging women to combine family and 
maternity duties with a career by promoting the 
sharing of household and parenting duties. 
 
The Department is also implementing an EU Project of 
2007 as the "Year of Equal Opportunity."  The Project 
is aimed at combating discrimination on the grounds of 
sex, race, religion, disability, age, and sexual 
orientation.  The project will give grants to Polish 
NGOs that carry out various projects/activities 
combating discrimination. 
 
28E. The GOP recognizes the importance of NGOs and 
other elements of civil society in preventing 
trafficking in persons, and actively worked with them 
to develop the National Action Plan.  The GOP relies 
on and works closely with NGOs for victim protection 
projects, law-enforcement training, and prevention 
campaigns.  Both government officials and NGO 
representatives describe the relationship between the 
GOP and anti-trafficking organizations as open, 
positive, and deepening. 
 
28F. The GOP devotes considerable resources to 
monitoring its borders. The Border Guards continue to 
receive high marks from Western European counterparts 
for the quality of their training and effectiveness of 
their enforcement activities.  Thanks to training 
programs implemented by La Strada, Polish border 
guards are now trained to detect and assist victims of 
trafficking.  Border Guards discover potential TIP 
victims most often during document inspections that 
they hold to check the legality of aliens' stays in 
Poland.  To improve detection and victim 
identification, police in four border provinces are 
utilizing a questionnaire developed by Warsaw 
University for a six-month trial in the first half of 
 
WARSAW 00000538  007 OF 017 
 
 
¶2007. 
 
28G. The Interagency Working Group coordinates 
activities among the various government agencies and 
NGOs on trafficking-related matters.  Polish officials 
actively participate in international trafficking 
conferences.  The Polish National Police (PNP) 
participate in several bilateral task forces that 
share information, track the movements of traffickers 
and victims across borders and coordinate 
repatriations and casework. Bilateral efforts include 
Polish task forces which work jointly with Czech, 
German, and Swedish Police forces, and one 
multilateral task force that coordinates efforts among 
Polish and Baltic-nation Police forces on anti-TIP 
efforts. There is also an active National Anti- 
Corruption Strategy, managed by the Central Bureau of 
Anti-Corruption. 
 
28H. In January 2007 the Interagency Working Group 
adopted the third two-year National Action Plan for 
Combating Trafficking, which covers 2007-2008.  All 
GOP agencies involved in anti-trafficking efforts 
consulted with major NGOs, a format that has been used 
since the first Plan in 2003-2004.  The latest Plan 
sets 18 separate goals in four areas: prevention and 
research, legislation, prosecution/law enforcement 
(including international cooperation), and victim 
support and protection. 
 
¶4. INVESTIGATION AND PROSECUTION OF TRAFFICKERS: 
Answers keyed to paragraph 29 of Reftel 
 
29A. Polish law prohibits forcing individuals into 
prostitution, trafficking in human beings, and 
pimping. The relevant sections of the Criminal Code 
are Articles 204, section 4 (sexual trafficking) and 
253 (sexual and non-sexual trafficking) effective 
since September 1, 1998. The laws cover both internal 
and external trafficking, and do not require proof 
that the victim was coerced in order to secure a 
conviction.  Poland has adopted the UN Protocol on 
Trafficking in Persons (Palermo Protocol).  The 
National ProsecutorQs Office uses this definition of 
trafficking in its prosecutions and states that it has 
not been adversely affected by the absence of a 
specific definition in Polish national law.  However, 
NGOs and law enforcement officials indicate that the 
lack of a definition does negatively impact effective 
 
WARSAW 00000538  008 OF 017 
 
 
prosecution.  The Interagency Working Group ranks 
amending the criminal code to incorporate the Palermo 
Protocol definition as a major priority of the 
National Action Plan for 2007-2008. 
 
29B. The maximum penalty for trafficking in persons is 
15 years' imprisonment under Article 253 of the 
Criminal Code (minimum of 3 yearsQ imprisonment). 
This Article of the Code does not require proof of 
trafficking connected with prostitution. Article 204, 
section 4 of the Code provides for up to 10 yearsQ 
imprisonment for trafficking involving prostitution. 
This article is not often used, as prosecutors use 
article 253 in most trafficking cases. Most sentences 
are shorter than the maximum, with the most severe 
sentences reserved for those convicted of trafficking 
minors for the purpose of prostitution or 
luring/abducting adults into prostitution abroad. 
 
29C. There are no provisions in the criminal code that 
specifically address trafficking for labor 
exploitation.  Such cases, including the high-profile 
cases from Italy and Spain (para 29J), are prosecuted 
under Articles 204 and 253 as described above, or 
organized crime statutes, as appropriate. 
 
29D. According to Criminal Code Article 197, using 
violence, threat, or deceit to force a person to have 
sexual intercourse is punishable by one to 10 years' 
imprisonment.  Using such means to force a person into 
other sexual activity is punishable by three months' 
to five years' imprisonment.  In cases involving more 
than one perpetrator or excessive cruelty, the 
punishment ranges from two to 12 years imprisonment, 
compared to up to 15 years for trafficking under 
Article 253.  Polish prosecutors have expressed 
interest in using the multiple perpetrator/excessive 
cruelty provision of the law to sentence traffickers 
to longer sentences, although this has not been tested 
in court. 
 
29E. Prostitution in Poland is legal; but "pimping" or 
otherwise profiting from a prostitute's activities is 
illegal.  Under the current version of the Polish 
Criminal Code, the legal age of consent to sexual 
activity is 15.  Poland has ratified the Palermo 
Protocol, the Optional Protocol to the UN Convention 
on the Rights of Children (of May 25, 2000), and the 
EU Convention on the Rights of Children.  All of these 
 
WARSAW 00000538  009 OF 017 
 
 
documents prohibit prostitution by individuals less 
than 18 years of age.  In the opinion of the National 
ProsecutorQs office, according to the Polish 
Constitution (Art. 87) and international law, the 
provisions of these documents automatically become 
part of Polish law and act to prohibit child 
prostitution as therein defined.  Full implementation 
of the protocols and Convention will require changes, 
inter alia, in the Polish Criminal, Family and Labor 
Codes.  The prosecutorQs office additionally states 
that anyone (including a parent) assisting a person 
under the age of 18 to engage in prostitution would be 
assumed to be benefiting financially from this 
assistance and would be investigated and prosecuted 
accordingly. 
 
29F. According to the National ProsecutorQs Office, in 
2006 the Polish prosecutors concluded 26 
investigations, of which 17 resulted in indictments 
and nine were dismissed due to the lack of sufficient 
evidence.  In the 17 indictments, 36 individuals were 
indicted under article 253 of the criminal code on 
trafficking charges, compared to 42 in 2005.  126 
victims were involved in the 17 cases that resulted in 
indictments. 19 of these 126 victims were minors.  Of 
the 36 individuals indicted, there were four 
Bulgarians and two Ukrainians. 
 
According to the Statistics Bureau of the Ministry of 
Justice, there were 10 convictions under article 253 
of the penal code in the first half of 2006.  Of the 
persons sentenced, seven were sentenced to a maximum 
of two-yearsQ imprisonment, two were sentenced for 
three years, and one person was sentenced for three- 
to-five years. These are sentences issued by the first 
instance courts and are still subject to appeal. 
Complete sentencing data for 2006 is not available at 
time of PostQs submission for these cases.  The 
complete data for 2005 shows that there were nine 
convictions under article 253 (human trafficking), and 
seven convictions under article 204 paragraph 4 
(forced prostitution abroad) which were upheld by 
appellate courts.  Of the prison sentences, there were 
two one-year terms, five one-to-two year terms, five 
two-year terms, and two each of three and three-to- 
five year terms of imprisonment. Judges suspended 
eleven of these sentences, and five individuals 
convicted are serving their sentences in prison.  Of 
the individuals convicted, all were Polish nationals 
 
WARSAW 00000538  010 OF 017 
 
 
except for one Vietnamese national. 
 
The National Police statistics show that in 2006 
police initiated 18 new investigations in which there 
are nine persons suspected of human trafficking under 
article 253; and three new investigations with two 
suspects under article 204 paragraph 4. 
 
29G. Polish police believe that large organized crime 
groups as well as individual operators control the 
trafficking business and that victims are frequently 
trafficked by nationals of their own country, with 
Polish traffickers collecting a percentage to allow 
passage into or through Poland.  According to arrest 
statistics, approximately 25 percent of traffickers 
are non-Poles.  Bulgarian traffickers continue to 
account for a significant number of cases, although La 
Strada notes proportionally more Polish women are 
working in highway prostitution than in the past few 
years.  Other than anecdotal evidence from NGOs that 
some corrupt police officers are complicit in 
trafficking, Post has received no information or 
indication that Polish government officials are 
involved in trafficking.  Police sources believe that 
employment and talent agencies are sometimes used as 
fronts for trafficking operations. 
 
29H. The GOP actively investigates trafficking. In 
March the GOP established a four-person Central Anti- 
Trafficking Unit (CATU) in the National Police to 
combat human trafficking, pedophilia, and child 
pornography.  This was enlarged throughout the year, 
and as of February 2007 boasted 13 full-time officers 
with liaisons to the Ministry of Interior and 
Administration, Ministry of Justice, and Central 
Bureau of Investigation.  The CATU also coordinates 
teams of one to three individuals in each of PolandQs 
16 provinces.  It makes use of advanced law- 
enforcement techniques, including immunity/mitigation, 
wire-tapping, covert operations, etc. 
 
Prosecutors' ability to protect other witnesses in 
trafficking cases is generally limited to withholding 
of personal data from court records.  VictimsQ 
depositions may be used in Polish criminal cases even 
where defense counsel have not had the opportunity to 
be present or cross-examine witnesses; the 
ProsecutorQs office indicates that it is likely that 
any defendantQs appeal of a conviction based on such 
 
WARSAW 00000538  011 OF 017 
 
 
evidence to the European Court of Human Rights would 
be successful.  Polish Border Guards also have the 
ability to use advanced law-enforcement techniques but 
find a shortage of resources limiting their 
effectiveness in investigating TIP (which is not their 
primary function). According to the NGO La Strada, 
aside from high-profile cases, Polish authorities lack 
sufficient resources to investigate and prosecute the 
majority of trafficking cases originating in Poland. 
 
29I. Incoming border guards and police officers 
receive training on the subject of trafficking. 
Specialized training led by La Strada is conducted at 
the national law-enforcement training facility for 
selected personnel. This training involves role-play 
simulations, legal exercises, film showings, and other 
awareness-building exercises.  Prosecutors throughout 
Poland have also take part in training, including mock 
trials.  As part of the National Anti-Trafficking 
Action Plan, all 16 Polish provinces have regional 
trainings in which police, border guards, justice 
officials, and social workers received training 
together on how to detect and assist trafficking 
victims in their regions.  This training is led by La 
Strada and Ministry of Interior officials.  The 
Ministry of Justice indicates that although training 
is routinely offered to judges, few take advantage of 
these optional sessions. 
 
29J. Poland enthusiastically cooperates with other 
countries in trafficking cases and the repatriation of 
victims, especially with its closest neighbors.  There 
is cooperation with Germany, Italy, Spain, Sweden, 
Switzerland, and the United Kingdom, among others. 
One of the goals in the 2007-2008 National Action Plan 
is to establish more joint investigation teams with 
other nations.  The main barrier to increased 
investigations has been a lack of funds. 
 
In July Italian police, in cooperation with Polish 
authorities, broke up a ring of labor camps in 
southern Italy in which more than 300 Polish citizens 
were held in slave-like conditions after being lured 
by the promise of high-paying agricultural jobs. 
Polish police indicate that the level of cooperation 
with Italian counterparts was excellent.  The joint 
operation has led to the arrest of more than 40 Poles 
for trafficking offenses; the investigation is 
ongoing.  In December, Polish Justice Minister 
 
WARSAW 00000538  012 OF 017 
 
 
Zbigniew Ziobro met with Italian counterparts to 
establish a joint prosecution team; Italian officials 
turned down a formal agreement and instead are 
cooperating through mirror investigations.  The 
Central Anti-Trafficking Unit also completed 
successful operations in coordination with law- 
enforcement officials in Spain, the United Kingdom, 
and Sweden. 
 
29K. Until it was amended in June, the Polish 
Constitution prohibited extradition of Polish 
citizens.  Following the change in the Constitution, 
Parliament amended Article 607t of the criminal code 
to allow for the extradition of Polish citizens to 
other EU countries.  According to the Ministry of 
Foreign AffairQs Consular Department, there was one 
trafficking-related extradition of a Polish citizen 
from Poland in 2006. 
 
29L. Although the GOP is generally not tolerant of 
trafficking, there continue to be some credible 
accusations of lax attitudes among some officials and 
abuses, including sexual harassment, by individual 
police officers.  This may be attributed to corruption 
and/or a lack of awareness among rank-and-file 
officers of the true nature of trafficking and the 
predicament of victims. 
 
29M. There is no evidence that governmental 
authorities condone or are otherwise complicit in 
trafficking activities.  GOP law-enforcement agencies 
are actively increasing both budget and manpower 
dedicated to detecting and apprehending criminal 
groups involved in trafficking.  There are unconfirmed 
reports that local police have taken bribes to ignore 
known trafficking activity.  If any such cases were 
determined to have merit, rules call for the offender 
to be automatically suspended pending an 
investigation.  To date, there have been no cases of 
law-enforcement officials punished for trafficking- 
related corruption. 
 
29N. According to the NobodyQs Children Foundation, 
the leading Polish NGO dealing with trafficking in 
children, sex tourism has not been identified as a 
problem in Poland.  This NGO does believe, however, 
that trafficking in children for sexual exploitation 
is a problem.  In 2006 they directly assisted nine 
foreign children and consulted on another 62 cases 
 
WARSAW 00000538  013 OF 017 
 
 
they believe to have been trafficked into Poland. 
NobodyQs Children also believes there is a problem of 
Vietnamese boys being forced into prostitution around 
the Vietnamese open-air market.  Due to the problem of 
identifying victims, however, there was not a single 
criminal case prosecuted against traffickers of 
children. 
 
There is no extraterritorial coverage. 
 
29O. The GOP ratified the ILO Convention 182 on August 
9, 2002, and Conventions 29 and 105 (forced labor) on 
July 30, 1958.  The Optional Protocol to the 
Convention on the Rights of the Child (CRC) was signed 
on February 13, 2002.  The UN Trafficking Protocol 
(Palermo Protocol) was signed by the Government of 
Poland on December 12, 2000, and ratified on September 
26, 2003.  On September 10, 2004, the Polish 
Parliament passed a bill ratifying the Optional 
Protocol to the UN Convention on the Rights of the 
Child on the Sale of Children, Child Prostitution and 
Pornography (of May 25, 2000).  The ratification bill 
was signed by the President on December 31, 2004, and 
entered into force on March 4, 2005.  The Protocol to 
Prevent, Suppress, and Punish Trafficking in Persons, 
especially Women and Children, supplementing the UN 
Convention Against Transnational Organized Crime 
entered into force on December 25, 2003. 
 
¶5. (SBU) PROTECTION AND ASSISTANCE TO VICTIMS: Answers 
keyed to Para 30 of REFTEL 
 
 
30A. Polish law allows foreign victims to remain in 
Poland legally during the investigation and trial of 
their traffickers.  At the end of 2005 the Law on 
Aliens was amended to provide for a reflection period 
during which foreign trafficking victims are allowed 
to stay legally in Poland while deliberating whether 
or not to participate in the prosecution of their 
traffickers.  As of this report, no victims have taken 
advantage of the reflection period and officials are 
unsure as to its potential effect.  Videoconference 
testimony from abroad is allowed.  Polish victims are 
eligible for various welfare services. Foreign victims 
are not eligible for public welfare services; however, 
in 2006 $160,000 was provided to La Strada for use in 
the shelter it opened in 2004, as well as for the care 
of victims it does not house.  During 2006, La Strada 
 
WARSAW 00000538  014 OF 017 
 
 
assisted in the form of shelter or medical/psychiatric 
care for 199 victims, of which approximately 10 
percent were foreigners. 
 
30B. The GOP has consistently increased its funding to 
victim support and witness protection.  In 2006 this 
funding amounted to nearly $2 million from the 
national budget to fund prevention programs and 
centers for support and crisis intervention.  The 
Center for Women's Rights and shelters operated by 
Caritas and other Catholic organizations receive 
funding from local governments.  The national 
government also provides funds to address AIDS 
prevention and domestic violence. 
 
30C. The Interior Ministry, National Police, and NGOs 
all indicate that police and border guards have a 
problem properly identifying victims; however they are 
generally pleased with the degree of cooperation 
between law-enforcement and victimsQ assistance 
organizations.  When properly identified, victims are 
typically referred to the nearest assistance point in 
Poland.  The Polish government is devoting significant 
resources to training law enforcement officials so 
that they are better able to identify and assist 
trafficking victims, including the standard 
questionnaire currently being used by police in four 
border provinces (para 27C). 
 
30D. Border guards and police sometimes regard victims 
of trafficking as criminals who have violated passport 
laws.  However, according to government and NGO 
sources, increased training has markedly improved this 
situation, and most rank-and-file officers now 
understand the difference between smuggling and 
trafficking.  Polish law continues to require that 
anyone found within the territory of Poland in an 
QillegalQ status be deported to the country of origin. 
Legislation enacted in late 2005 provides for a 
reflection period of two months during which a 
trafficking victim is permitted to remain in Poland, 
receive support and assistance, and decide whether to 
cooperate with an investigation.  NGOs are critical of 
the implementation of this regulation, and there was 
at least one case noted by the media where a 
Vietnamese woman who declared herself to law 
enforcement as a trafficking victim was deported 
before receiving the opportunity to stay in Poland. 
Under the law, victims who decide not to cooperate 
 
WARSAW 00000538  015 OF 017 
 
 
should be returned to their countries of origin, but 
in such a way as to attempt to shield them from 
contact with traffickers. 
 
30E. The Polish government encourages and facilitates 
victim participation in investigations and 
prosecutions.  As indicated above, victims, regardless 
of their legal status, may now remain in country to 
assist in the investigations of traffickers. This 
legal authority was used successfully for the 11 
foreign victims who participated in the prosecution of 
their traffickers in 2006.  Polish authorities have 
not encouraged victims to file civil suits or 
otherwise take legal action against traffickers. 
Increasingly, NGOs are working to enhance victims' 
access to legal service and inform them of their 
rights. Post knows of no victim restitution program 
other than repatriation of foreign victims. 
 
30F. The government provides victim assistance through 
the local NGO La Strada, which currently receives 
funding from the national government specifically for 
the care of trafficking victims.  Other NGOs such as 
Caritas and the NobodyQs Children Foundation also 
provide victim assistance throughout Poland. According 
to the Ministry of Foreign Affairs, if a Polish victim 
requests assistance abroad, the Ministry has a list of 
local NGOs that can support the victims, as well as 
funds to help the victims return safely to Poland. 
 
30G. Through a cooperative arrangement between the 
Polish Ministries of Interior and Administration and 
Foreign Affairs, extensive formal training for 
consular officials in Polish embassies and consulates 
abroad is regularly conducted.  GOP officials 
encourage their embassies to develop relationships 
with anti-trafficking organizations in transit and 
source countries. 
 
30H. While there is no specific government assistance 
set aside for repatriated nationals who are victims of 
trafficking abroad, such persons are eligible for 
standard unemployment and welfare benefits, and the 
Ministry of Foreign Affairs cooperates with NGOs to 
identify repatriated Polish victims of trafficking for 
assistance.  NGOs allow repatriated victims to 
participate in assistance programs and utilize 
shelters following their return to Poland. 
 
 
WARSAW 00000538  016 OF 017 
 
 
30I. Numerous international, national, and local 
organizations are involved in anti-trafficking 
initiatives in Poland.  International organizations 
such as the United Nations Office on Drugs and Crime, 
UNHCR, International Organization on Migration, and 
OSCE are closely involved in anti-trafficking 
initiatives in Poland.  NGOs active in the fight 
against trafficking include, La Strada, Caritas, 
Temida Association of Lawyers, Barka Foundation for 
Mutual Assistance, and the Center for Women's Rights. 
Prestigious academic institutions such as the 
Jagiellonian University of Krakow, University of 
Zielona Gora, and the University of Warsaw are also 
involved in anti-trafficking education and policy- 
making.  These institutions work closely with local 
authorities, and the relationship between NGOs and the 
national government is, by all accounts, excellent. 
NGO training and projects continue to be the most 
effective method to enhance Poland's overall anti- 
trafficking capacity. 
 
¶6. POLANDQS TIP HERO: Answer keyed to Para 31 of 
REFTEL 
 
Pawel Maslowski, Chief of PolandQs Central Anti- 
Trafficking Unit (CATU), is a committed pursuer of 
human traffickers.  In March 2006 the National Police 
Commandant tapped him to head the new CATU to combat 
trafficking in human beings, child pornography, and 
pedophilia.  In no small measure due to Mr. 
MaslowskiQs tenacity and cooperation with both 
domestic and international groups and officials, 
Poland has made important strides in the fight against 
human trafficking.  He started his police career in 
1991 at the Krakow regional police headquarters, and 
has been working at the National Police Headquarters 
for almost two years. 
 
Under his leadership, the team has already had a 
series of successes in combating international 
organized criminal groups that deal in human 
trafficking.  The two most notable were "Operation 
Promised Land," in which in cooperation with Italian 
police he played a key role in the rescue of at least 
119 persons trafficked for forced labor to Italy and 
arrested 40 perpetrators, and "Operation Valencia," in 
which police in Spain rescued 21 victims and 
identified 6 perpetrators. 
 
 
WARSAW 00000538  017 OF 017 
 
 
A tireless warrior in the fight against human 
trafficking, Mr. MaslowskiQs commitment and energy 
constantly shine through.  He pushes for better 
training of law enforcement officials and increased 
cooperation between government agencies and NGOs, and 
continuously reaches out to colleagues both within 
Poland and throughout Europe to improve international 
cooperation among law enforcement agencies and civil 
society. 
 
NOTE: Pawel MaslowskiQs name, date of birth, and 
nationality were cleared by RSO, CONS, and LegAtt here 
at post. No derogatory information has been found. 
 
¶7.  (SBU) POST COMMENT: The government of Poland fully 
complies with the TVPAQs minimum standards for 
elimination of trafficking and has demonstrated a 
political and financial commitment to improving its 
anti-TIP programs and cooperation among agencies, 
NGOs, international organizations and other parties of 
interest.  The GOP has increased training for police, 
prosecutors and other front-line personnel; continued 
(and increased) cooperation with neighboring states to 
combat traffickers; continued anti-corruption training 
programs; permits trafficking victims to remain 
legally in Poland to assist in investigations and 
prosecutions; continued positive development of the 
National Action Plan and Interagency Working Group; 
and implemented creative, effective strategies 
designed to incorporate international and EU 
definitions related to trafficking and minors into the 
Polish legal framework, even when legislation has not 
yet been enacted to conform Polish criminal and civil 
law.  The Polish government has also demonstrated a 
financial commitment to assisting trafficking victims 
through the funds allocated to the National Action 
Plan.  Statistics pertaining to investigations, 
arrests and prosecutions show a continued commitment 
to quality investigations and prosecutions.  Based on 
PolandQs continued progress and commitment to 
combating trafficking, Post strongly supports the 
continued inclusion of Poland in Tier I. 
HILLAS