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RR RUEHAG RUEHAST RUEHDA RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA RUEHLN
RUEHLZ RUEHPOD RUEHROV RUEHSR RUEHVK RUEHYG
DE RUEHWR #0285/01 0641501
ZNR UUUUU ZZH
R 041501Z MAR 08
FM AMEMBASSY WARSAW
TO RUEHC/SECSTATE WASHDC 6055
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RUEHKW/AMCONSUL KRAKOW 2014
RUEAWJB/US DOJ WASH DC
RUEAHLC/HOMELAND SECURITY CENTER WASHDC
RUEHC/DEPT OF LABOR WASHINGTON DC
RUEATRS/DEPT OF TREASURY WASHDC

UNCLAS SECTION 01 OF 14 WARSAW 000285 
 
SIPDIS 
 
STATE PASS TO AID 
 
SIPDIS 
SENSITIVE 
 
G, INL, DRL, PRM, IWI, EUR/PGI 
G/TIP FOR MEGAN HALL 
EUR/NCE FOR BART PUTNEY AND TOM YEAGER 
 
 
E.O. 12958: N/A 
TAGS: KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB PL
SUBJECT:  POLAND: EIGHTH ANNUAL (2008) TRAFFICKING IN PERSONS REPORT 
SUBMISSION 
 
Ref: State 02731 
 
WARSAW 00000285  001.2 OF 014 
 
 
¶1. (SBU) Following are responses keyed to questions in paragraphs 
27-31 of REFTEL.  Embassy point of contact is Political Officer 
Andrea Gorog (telephone: 48-22-504-2621, fax 48-22-504-2613, e-mail 
GorogA@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 (MFA), Ministry of Interior 
Affairs and Administration (MOI), Ministry of Justice, Border Guards 
and National Police.  All of these have proven to be reliable 
sources. 
 
27B. There has been a notable rise in trafficking of Polish men and 
women to EU countries for forced labor and prostitution since Poland 
joined the European Union in 2004. Persons are trafficked to and 
through Poland from countries to the east and southeast, primarily 
Ukraine, Moldova, Belarus, Bulgaria, Romania, and Russia. Ukraine 
continues to serve as the greatest source of persons trafficked 
through and to Poland, with Moldova also serving as a substantial 
source. There are also growing reports of Vietnamese nationals, 
along with small but notable numbers of Cameroonians, Somalis, 
Kenyans and Ugandans being trafficked into, within, and through 
Poland. Poles and foreigners are trafficked to Western Europe, 
especially Austria, Belgium, Denmark, Germany, Italy, the 
Netherlands, Spain, and Sweden, as well as to Japan and Israel. Most 
trafficking involves women trafficked into the sex trade, however, 
police and NGO experts estimate there is a growing percentage of 
victims forced to work in agricultural or other menial trades. 
Extensive job migration is one of the important factors conducive to 
trafficking. Based on NGO estimates, 2 million Poles migrated abroad 
(mostly to Western Europe) during the last four years. 
 
Victims are trafficked to Poland primarily for work in "massage 
parlors," "escort agencies," and clubs and "agencies" for men i.e., 
brothels.  However, there have also been documented cases of victims 
forced to work in agriculture or sweatshops and forced to beg on the 
streets and to commit petty crimes (stealing in super- markets.) 
Victims in the sex trade are forced to work as nude dancers or 
prostitutes, and are often deprived of their passports and identity 
papers, and threatened with violence. In the case of forced 
prostitution, victims failing to service a minimum number of clients 
each day may suffer physical abuse.  There has been a gradual 
decrease in the number of escort agencies and people working for 
them. Police estimate that in the second half of 2007, 610 "escort 
agencies" operated in Poland, with a total of 2,536 persons employed 
by them (including 12 men and 22 women under 18 years of age.) This 
is a marked decrease from 2006, when 750 escort services employed 
3,500 workers. During the year, the police closed 56 of the 610 
agencies. Police statistics based on arrests and other direct 
contacts estimate there were 3,278 prostitutes in Poland in 2007, 
out of which 3,245 were adults, 25 were between 15-18 years of age, 
and 8 were under 15 years of age. The nationalities of these 
prostitutes included 2,409 Polish, 503 Ukrainians, 165 Belorussian 
and 152 Bulgarians. Reliable NGO contacts estimate that the number 
of women working in all elements of the sex industry in Poland is 
slightly higher than the police estimates. 
 
Traffickers in Poland continue to target the same population: mostly 
young, unemployed or poorly paid Polish women for the sex trade, and 
poor men and women for labor. They focus on individuals from 
dysfunctional families, people who faced domestic violence, sexual 
abuse, or different types of addictions and have a weak support 
networks.  According to the NGO La Strada, 80 percent of Polish 
 
WARSAW 00000285  002.2 OF 014 
 
 
victims are under 24 years of age.  Traffickers approach young 
victims with promises of lucrative jobs in Western Europe as 
domestic workers, dancers, cooks, agricultural laborers, or wait 
staff. The victims are told their handlers will take care of all 
documentation and are asked to turn over their passports.  While one 
third of the victims know they are involved in illegal employment, 
most do not realize that they will be performing forced labor or 
sexual services.  A second method of recruitment is for a 
trafficker, usually residing permanently outside Poland, to feign 
emotional involvement and persuade his future victim to visit him 
abroad.  In both cases, victims are subsequently detained and forced 
into prostitution through threat, blackmail or violence.  Often, 
traffickers are connected with organized crime syndicates. If a 
victim is transported with documentation, they travel by train or 
car; if illegally, they are hidden in trucks or cars, or walk across 
unguarded borders. 
 
As of December 2007, Poland is part of the Schengen area, making 
Poland the effective Eastern border of the Schengen zone. The 
internal EU border check points have been removed, and the eastern 
borders to the neighboring countries have been strengthened. Experts 
suggest these changes might make it more difficult for human 
traffickers to enter Poland, however if successful, it will make it 
easier for them to move within the EU. 
 
27C. The MOI has the lead in anti-trafficking efforts.  It serves as 
a coordinator of the Inter-Ministerial Anti-Trafficking Working 
Team, which was established in accordance with the Prime Minister's 
Regulations issued in March 2004.  The Undersecretary of State in 
the MOI chairs the team, which includes members from the ministries 
of Education, Labor and Social Policy, Justice, Foreign Affairs, 
Health, Internal Affairs and Administration, Office for Foreigners, 
National Police Headquarters, and Border Guard Headquarters. The 
team also includes NGO representatives active in assisting TIP 
victims (La Strada, ITAKA, Nobody's Children Foundation, Caritas 
Warsaw). The role of the group is to assess the implementation of 
the National Anti-Trafficking Plan, preparing new proposals and 
opinions on the undertakings aimed at effective combating 
trafficking. Parallel to the team, an inter-ministerial working 
group was established, which meets regularly to work on 
anti-trafficking efforts. 
 
In addition to the Inter-Ministerial Anti-Trafficking Working Team, 
the GOP has a Central Anti-Trafficking Unit (CATU) in the National 
Police to combat human trafficking, pedophilia, and child 
pornography.  This unit currently has seven full-time officers with 
liaisons to the Ministry of Interior and Administration, Ministry of 
Justice, and Central Bureau of Investigation.  The CATU also 
coordinates teams of one to three individuals in each of Poland's 16 
regional police departments. It makes use of advanced 
law-enforcement techniques, including immunity/mitigation, 
wire-tapping, and covert operations. 
 
27D. The primary limits on Poland's ability to address this problem 
stem from the lack of a clear legal definition of trafficking in 
Poland's criminal code and the lack of effective victim 
identification. Government efforts on education and victim 
assistance have been primarily carried out by NGOs using increasing 
amounts of local and national government funding along with foreign 
government funding. According to the coordinator of the Interagency 
Working Group, officers from various government agencies were 
trained in identification of trafficking victims and victim 
assistance in all of the 16 Polish provinces during the year. The 
National Police reports that all incoming recruits receive 
continuous instruction on the subject. Those already in jobs, 
receive training from the trafficking coordinator in each province. 
Police and border guards participated in joint training exercises 
with the neighboring countries. 
 
Poland's criminal code outlaws human trafficking, but does not 
specifically define it.  NGOs, law enforcement, and prosecutors 
generally use the 2001 Palermo Protocol definition in addressing 
human trafficking; however, NGOs claim that the absence of such a 
definition in national law is problematic because prosecutors and 
especially judges are not sufficiently well informed or aware of the 
offense.  The Interagency Working Group ranks amending the criminal 
code to incorporate the Palermo Protocol definition as a major 
priority of the National Action Plan for 2007-2008. In 2007, the 
 
WARSAW 00000285  003.2 OF 014 
 
 
definition of trafficking was included in the draft revision of the 
criminal law submitted to the Parliament by the previous government. 
However, after the October 2007 parliamentary elections the 
submission was withdrawn, and will be re-submitted to the Sejm once 
it is reviewed by the new Justice Minister. 
 
Proper identification of victims of trafficking is another problem. 
Despite increased training efforts for police and border guards, 
some victims are not properly identified. At the request of the MOI, 
the University-based Research Center for Trafficking in Human Beings 
developed a questionnaire to serve as an identification tool for 
police and Border Guard officers. The questionnaire is currently 
being tested in a pilot project. 
 
Embassy Warsaw raised these concerns with the newly appointed 
government officials. The GOP is aware of the problem and is working 
on a strategy to address these matters. At a meeting in February 
2008, MOI's U/S Adam Rapacki admitted victim identification and the 
low number of prosecutions present a challenge for the GOP. Law 
enforcement's efforts in trafficking have been improving, and 
Rapacki detailed his plan to ensure the Police focus even more 
effort at identifying trafficking cases. 
 
In 2007, the government allocated approximately $149,000 (350,000 
zlotys: All dollar amounts in this cable are based on Feb 2008, 2.35 
zloty/U.S. dollar exchange rate) from the MOI's budget to implement 
the National Anti-Trafficking Action Plan developed by the 
Interagency Anti-Trafficking Working Group (the "Interagency Working 
Group.") The funds were divided as follows: $64,000 for victim 
protection, and $85,000 for education and prevention. In addition, 
other ministries allocated supplementary funds from their resources; 
including the Ministry of Labor and Social Policy which furnished 
approximately $33,000 for training and prevention. 
 
27E. The Interagency Anti-Trafficking Working Group publishes an 
annual report that summarizes the government's implementation of the 
National Action Plan. The report assesses the accomplishment of the 
previous year's goals, which address the various fronts of the 
anti-trafficking efforts including prevention, victim's assistance 
and prosecution. In January 2008, the Inter-Agency group approved 
the most recent report, which details the implementation efforts for 
the 2007 period. The National Police Public Affairs Unit informs the 
public systematically about its efforts and publishes annual 
trafficking statistics on its website. The National Prosecutor's 
Office of the Ministry of Justice maintains records of 
investigations and legal actions taken against traffickers, and 
works closely with provincial and local prosecutors to ensure 
accurate reporting. As part of the National Action Plan for 
2007-2008, the MOI published a report in 2007, which discusses the 
human trafficking trends in Poland, the current legislation and the 
activities undertaken by various institutions to combat human 
trafficking. The report also provides statistics for the period of 
1995-2006. The NGO, La Strada works with the Polish government to 
document cases. 
 
¶3. (SBU) INVESTIGATION AND PROSECUTION OF TRAFFICKERS: Answers keyed 
to paragraph 28 of REFTEL 
 
28A. Polish law prohibits forcing individuals into prostitution, 
trafficking in human beings, and pimping. The relevant sections of 
the Criminal Code are Articles 204, section 4 (sexual trafficking) 
and 253 (sexual and non-sexual trafficking) effective September 1, 
¶1998. The laws cover both internal and external trafficking, and do 
not require proof that the victim was coerced in order to secure a 
conviction.  Poland has adopted the UN Protocol on Trafficking in 
Persons (Palermo Protocol). The National Prosecutor's Office uses 
this definition of trafficking in its prosecutions and states that 
it has not been adversely affected by the absence of a specific 
definition in Polish national law. Contrary to the National 
Prosecutor's Office assertion, NGOs and law enforcement officials 
indicate that the lack of a definition does negatively impact 
effective prosecution. 
 
In May 2007, the Polish Ombudsman called on the Minister of Justice 
to incorporate a definition of human trafficking into the criminal 
code. On the initiative of the Interagency Working Group, the 
definition of trafficking was incorporated in the draft revision of 
the Polish Criminal Code. After the change of government following 
 
WARSAW 00000285  004.2 OF 014 
 
 
the October 2007 parliamentary election, the new Justice Minister 
withdrew the revision from the Parliament. The draft revision will 
be re-submitted to the Sejm once it is reviewed by the new Justice 
Minister 
 
Although Poland was one of the first countries to sign the 2005 
Council of Europe Convention on Action against Trafficking in Human 
Beings, it has not yet ratified it. The Convention entered into 
force on February 1, 2008. The same day, the Helsinki Foundation for 
Human Rights sent a letter to PM Donald Tusk urging the government 
to accelerate the ratification process of the Convention. The 
Convention could play an important role in the Polish legislation 
because it includes a comprehensive definition of trafficking (that 
prosecutors could also refer to.) There are no provisions in the 
criminal code that specifically address trafficking for labor 
exploitation. 
 
28B. The maximum penalty for trafficking in persons is 15 years' 
imprisonment under Article 253 of the Criminal Code (minimum of 
three years' imprisonment).  This Article of the Code does not 
require proof of trafficking connected with prostitution. Article 
204, section 4 of the Code provides for up to ten years' 
imprisonment for trafficking involving prostitution. This article is 
not often used, as prosecutors use article 253 in most trafficking 
cases. Most sentences are shorter than the maximum, with the most 
severe sentences reserved for those convicted of trafficking minors 
for the purpose of prostitution or luring/abducting adults into 
prostitution abroad. 
Of the two convictions under article 253 in the first half of 2007, 
one person was sentenced to a maximum of two years imprisonment, and 
the other was sentenced for three-to-five years. 
 
28C. There are no provisions in the criminal code that specifically 
address trafficking for labor exploitation. Such cases are 
prosecuted under Articles 253 (described above) or organized crime 
statutes, as appropriate. 
 
28D. According to Criminal Code Article 197, using violence, threat, 
or deceit to force a person to have sexual intercourse is punishable 
by one to ten years' imprisonment.  Using such means to force a 
person into other sexual activity is punishable by three months' to 
five years' imprisonment. In cases involving more than one 
perpetrator or excessive cruelty, the punishment ranges from two to 
12 years imprisonment, compared to up to 15 years for trafficking 
under Article 253. 
 
28E. Prostitution in Poland is legal; but "pimping" or otherwise 
profiting from a prostitute's activities as a third party is 
illegal.  Under the current version of the Polish Criminal Code, the 
legal age of consent to sexual activity is 15.  Poland has ratified 
the Palermo Protocol, the Optional Protocol to the UN Convention on 
the Rights of Children (of May 25, 2000), and the EU Convention on 
the Rights of Children. All of these documents prohibit prostitution 
by individuals less than 18 years of age.  According to the Polish 
Constitution (Art. 87) and international law, the provisions of 
these documents automatically become part of Polish law and act to 
prohibit child prostitution as therein defined.  Full implementation 
of the protocols and Convention will require changes, inter alia, in 
the Polish Criminal, Family and Labor Codes. The prosecutor's office 
states that anyone (including a parent) assisting a person under the 
age of 18 to engage in prostitution would be assumed to be 
benefiting financially from this assistance and would be 
investigated and prosecuted accordingly. 
 
28F. The government's efforts to prosecute trafficking offenders 
continue to improve. 
 
According to the National Prosecutor's Office, in 2007 the Polish 
prosecutors initiated 45 new investigations, and concluded 45 
investigations. Of the 45 concluded investigations, 26 resulted in 
indictments, one was dismissed due to the failure to identify the 
offender and 18 were dismissed due to the fact that prosecutors did 
not confirm that an offence took place. In the 26 indictments, 58 
individuals were indicted, compared to 36 in 2006. 1,015 victims 
were involved in the 26 cases that resulted in indictments. Of the 
1,1015 victims, 880 were victims of forced agricultural labor in 
Italy, 39 were foreigners (17 Ukrainians, 15 Bulgarians, four 
Moldovan, one from Kenya, one from Senegal, and one from 
 
WARSAW 00000285  005.2 OF 014 
 
 
Kazakhstan), and four of the victims were under 15 years of age and 
two were 16 years old. Of the 58 individuals indicted, there were 
three foreigners (one Bulgarian and two Ukrainians.) 
 
According to the Statistics Bureau of the Ministry of Justice, there 
were two convictions under article 253 of the penal code in the 
first half of 2007. Of the persons sentenced, one was sentenced to a 
maximum of two years' imprisonment, and the other was sentenced for 
three-to-five years. These are sentences issued by the first 
instance courts and are still subject to appeal. Complete sentencing 
data for 2007 is not available at time of Post's submission for 
these cases.  The complete data for 2006 shows that there were 13 
convictions under article 253 (human trafficking), and one 
conviction under article 204 paragraph 4 (forced prostitution 
abroad) which was suspended. These sentences were upheld by 
appellate courts. Of the 14 prison sentences, there were two 
one-year terms, one one-to-two year terms, three two-year terms, 
three three-year terms, and five three-to five year terms of 
imprisonment. Judges suspended only three of these sentences. Of the 
individuals convicted 10 were Polish citizens and four were 
Bulgarians. 
 
The number of new investigations related to trafficking increased in 
¶2007. According to police press office, police initiated 22 new 
investigations of human trafficking under article 253 of the 
Criminal Code in 2007, which included the total of 859 victims. 
Police forwarded 21 cases to prosecution for indictment. In 
addition, police identified one case of forced prostitution abroad 
under article 204 paragraph 4, and forwarded the case to the 
prosecution office for indictment. 
 
In addition, the National Prosecution Office indicated that in two 
ongoing cases, police identified a total of 210 victims. One case - 
in Rzeszow - concerns Polish and Ukrainian women trafficked for the 
sex business to the south of Poland (60 victims already identified, 
but the case is developing). In the other case - in Krakow - 150 
Polish women trafficked to Italy to work in the sex business. 
 
Although the number of cases investigated and indicted is growing, 
convictions under article 253 are still noticeably low. According to 
the Center for Human Trafficking, one of the reasons for low 
conviction rates under article 253 is the previously identified lack 
of a legal trafficking definition in the Polish criminal code. Due 
to this lack of definition, prosecutors and police officers apply 
other provisions of the criminal code to prosecute cases which in 
reality are trafficking cases. According to a leading expert at the 
Center, a few Polish courts render judgments based upon the 
assumption that there must be a transfer of money in exchange for a 
person to consider a given offense a trafficking crime. He 
reiterated the importance of introducing a definition of trafficking 
to the Polish criminal code and ratifying the Council of Europe 
Convention, which would provide a stable instrument in combating 
trafficking. 
 
28G. Incoming border guards and police officers receive training on 
the subject of trafficking.  NGO La Strada leads specialized 
training at the national law-enforcement training facility for 
selected personnel. This training involves role-playing simulations, 
legal exercises, film showings, and other awareness-building 
exercises. Prosecutors throughout Poland have also taken part in 
training, including mock trials. The Border Guard and Police 
Training Centers also organized the screening of the movie "Your 
name is Justine" for all students and instructors. The movie details 
the experiences of a trafficked woman. 
 
In June 2007, the MOI cooperated with the Police School and La 
Strada to provide specialized training for coordinators and members 
of anti-trafficking teams in the Police departments of the 16 Polish 
provinces and the Border Guard (BG) Headquarters. The training 
covered legal provisions, practical aspects of TIP victim 
assistance, and methods of cooperation between various institutions, 
both national and international. 
 
In October 2007 Gdansk Provincial Police Headquarters worked with 
the Police School in Szczytno to provide training on trafficking for 
local city and community police officers. Between June and November, 
the Warsaw City Police also organized training sessions for Warsaw 
police officers (heads of units and their deputies) on 
 
WARSAW 00000285  006.2 OF 014 
 
 
identification of TIP victims. 
 
La Strada also coordinated with the MOI a project termed "Monitoring 
the respect for human rights of trafficking victims." In November, 
La Strada presented the results of this monitoring project at a 
seminar attended by representatives of MOI, police, border guard, 
prosecutors, judges and research institutions and NGOs. The MOI also 
funded the publishing of these results of in form of a pamphlet. 
 
The MOI, La Strada and the British Embassy cooperated in a six-month 
pilot program to train judges in TIP. The goal of this training was 
to expand the knowledge of judges on the definition of human 
trafficking, in particular in the context of Polish domestic law, 
characteristics of the phenomenon of trafficking and the specific 
situation of victims. Six 20-person groups were trained under this 
initiative. In February 2008, a concluding seminar was organized in 
Warsaw for participants of the previous training, representatives of 
provincial courts, national prosecutors and the police. 
 
28H. Poland enthusiastically cooperates with other countries in 
trafficking cases and the repatriation of victims, especially with 
its closest neighbors. The main barrier to increased investigations 
has been a lack of funds. The Polish law allows for the 
establishment of joint investigation teams but up to now, no such 
team has been created. However, during initial investigations, 
provincial police headquarters have had direct contact with police 
liaison officers of several countries through the central 
Anti-Trafficking Team in the National Police Headquarters. The 
Central Anti-Trafficking Team in the Police Headquarters exchanges 
information on a regular basis with EUROPOL and INTERPOL and police 
forces of other countries on trafficking, child pornography 
distributed over the internet and pedophilia. In 2007, the Police 
Central Anti-Trafficking Team cooperated with police forces on seven 
cases with Germany, five cases with Ukraine, two cases with Belarus, 
two cases with Bulgaria, and one case each with Italy, the 
Netherlands and  Sweden. The majority of these cases concerned 
trafficking for sexual exploitation. 
 
In November 2007, the Polish regional police coordinators for 
combating human trafficking and their Ukrainian counterparts 
participated in joint meetings, under the project run by Police 
Academy in Szczytno. 
 
Throughout the year, the Border Guards also worked closely with 
neighboring country counterparts. For example, they carried out one 
investigation in the south of Poland, which concerned Polish 
citizens trafficked to Switzerland; so far they have identified four 
suspects and five victims, but the investigation is ongoing. The 
Border Guard also cooperated with Ukrainian police on a trafficking 
case which concerned Ukrainian victims and Ukrainian traffickers. 
 
With the assistance of IOM two networking visits between Ukraine and 
Poland were organized. The initial meeting in July 2007, gave an 
opportunity for the Ukrainian MOI Representatives to meet and 
exchange ideas with the Polish Interagency Anti-Trafficking Working 
Group. The second meeting in February 2008, brought together Polish 
and Ukrainian law enforcement representatives to discuss past 
experiences and future cooperation. 
 
28I. The Polish Constitution no longer prohibits the extradition of 
Polish citizens. Following the June 2007 change in the Constitution, 
Parliament amended Article 607t of the criminal code to allow for 
the extradition of Polish citizens to other EU countries. 
 
28J. Post has no evidence that the GOP is tolerant of trafficking. 
 
 
28K. We have no evidence that governmental authorities condone or 
are otherwise complicit in trafficking activities. GOP 
law-enforcement agencies are actively increasing both budget and 
manpower dedicated to detecting and apprehending criminal groups 
involved in trafficking. There are unconfirmed reports that local 
police have taken bribes to ignore known trafficking activity. If 
any such cases were determined to have merit, rules call for the 
offender to be automatically suspended pending an investigation.  To 
date, there have been no cases of law-enforcement officials punished 
for trafficking-related corruption. 
 
 
WARSAW 00000285  007.2 OF 014 
 
 
28L. According to the Military Prosecution Office, no Pole deployed 
abroad as part of a peacekeeping mission engaged in or facilitated 
any form of trafficking, nor were there any known exploiters of 
trafficking victims. 
 
28M. According to the Nobody's Children Foundation, the leading 
Polish NGO dealing with trafficking in children, sex tourism is not 
a problem in Poland. This NGO does believe, however, that 
trafficking in children for sexual exploitation is a problem. During 
the year, the Foundation noticed a decrease in the number of 
unattended minors who were applying for refugee status in Poland. 
This is probably the result of tighter border security control as 
part of Poland's accession into the Schengen zone. The Foundation is 
not able to assess the scale of trafficking in children due to a 
lack of law enforcement standard operating procedures (SOP) for 
child trafficking cases. One of the goals of the National 
Anti-Trafficking Action Plan for 2007-2008 is to create a model for 
support/protection of child-victims of trafficking. The Inter-Agency 
Working Group is currently working on creating SOPs to handle such 
cases, and is scheduled to complete it by the end of the year. 
 
¶4. (SBU) PROTECTION AND ASSISTANCE TO VICTIMS: Answers keyed to Para 
29 of REFTEL 
 
29A. Polish law allows foreign victims to remain in Poland legally 
during the investigation and trial of their traffickers. At the end 
of 2005, the Law on Aliens was amended to provide for a reflection 
period during which foreign trafficking victims are allowed to stay 
legally in Poland while deliberating whether or not to participate 
in the prosecution of their traffickers.  During 2007, five persons 
have taken advantage of the reflection period. Videoconference 
testimony from abroad is also allowed. 
 
Under the recent revision of the Law on Social Assistance, which 
entered into force on April 1, 2007, all foreign victims of 
trafficking are entitled to the same type of social welfare benefits 
as Polish citizens. The revised law also gives foreign victims the 
right to access crisis intervention assistance, shelter, food, 
clothing and living allowance, and entitlement to stay at crisis 
intervention centers. 
 
29B. The government has worked extensively with anti-trafficking 
NGOs to provide shelters for victims. Despite the fact that the 
government provided space and funds to NGOs for operating shelters 
for trafficking victims, the number of shelters remained inadequate 
and NGOs frequently resorted to temporary arrangements to provide 
medical, psychological, and legal assistance to victims. 
 
In 2007, local governments operated 33 crisis intervention centers 
for victims of domestic violence and trafficking victims. The 
centers, which are funded by the central government, provide social, 
medical, psychological, and legal assistance to victims and 
"corrective-educational" programs for abusers. During the year the 
government allocated approximately $4.1 million for the centers' 
operating costs. In addition, the government spent $193,000 during 
the year on public awareness programs to counteract domestic 
violence, which were implemented by local NGOs and governments. 
 
The MOI-established and La Strada-run program for the Support and 
Protection of Trafficking Victims and Witnesses continued to play a 
key role in victims' assistance in 2007. The program provides 
assistance to foreigners in the following areas: crisis intervention 
(medical and psychological assistance, safe transportation and 
shelter, food, clothing, lodging, support and counseling); legal 
counseling when contacting law enforcement and judiciary; assistance 
in legalizing the stay in Poland and/or organization of safe return 
to the country of origin. In 2007, twenty persons joined the 
program. Polish victims are eligible for various social and welfare 
services. 
 
29C. The GOP has continued to fund various victim support and 
witness protection programs. In 2007, the Government allocated 
approximately $64,000 for the implementation of the Support and 
Protection of Trafficking Victims and Witnesses program. The Program 
is initiated if the foreigner agrees to break all the contacts with 
the traffickers. The program allows for a two-month assistance 
period, during which the victim is granted full assistance and may 
decide on whether she would like to cooperate with law enforcement. 
 
WARSAW 00000285  008.2 OF 014 
 
 
La Strada provides all necessary medical, psychological, and 
material aid, and the victim is placed in a safe shelter under the 
care of social workers. If the victim decides against testifying, 
he/she can voluntarily return to the country of origin with the 
assistance of La Strada. If the person decides to testify, their 
legally-authorized presence in Poland may be extended. After the 
trial, the victim is offered a safe return to their country of 
origin and informed about victim assistance programs offered by the 
NGOs in their country. 
 
Local governments also provide funding to support shelters and local 
centers that provide assistance to victims (trafficking, domestic 
violence.) For example, in 2007 the Center for Women's Rights in 
Warsaw received $85,000 from the local government. The national 
government also provides funds to address AIDS prevention and 
domestic violence. 
 
29D. The GOP is developing a program to identify victims through 
increased training and through the development and use of a 
standardized questionnaire for border guards and police. Though they 
recognize the need to improve identification of victims among high 
risk groups, the MOI, National Police, and NGOs are generally 
pleased with the new training efforts in place to address this 
concern and degree of cooperation between law-enforcement and 
victims' assistance organizations. When properly identified, victims 
are typically referred to the nearest assistance point in Poland. 
The Polish government is devoting significant resources to training 
law enforcement officials so that they are better able to identify 
and assist trafficking victims, including the standard questionnaire 
(para 27D). The police and Border Guards are currently testing the 
identification questionnaire, which is intended to help identify 
potential victims. After the trial period, the questionnaire will be 
updated and then distributed among police and BG officers, followed 
by training for Border Guard officers on how to use it. In addition, 
the police have an "algorithm" in place, which is a standard 
operating procedure to deal with trafficking victims (after they are 
identified). 
 
According to the MOI, in 2007 the police identified 860 victims of 
trafficking (both Polish and foreigners.) Although the MOI doesn't 
compile statistics on how many victims were referred for assistance 
by law enforcement authorities, NGO contacts indicate extensive 
cooperation between the police and the NGOs carrying out assistance 
programs.  In 2007, 20 victims joined the Victims 
Assistance/Protection (11 Bulgarian, Ukrainian, two Belorussian, one 
Vietnamese, one Nigerian, one Kenyan, one Moldovan.) 
 
29E. Although prostitution in Poland is not criminalized, there is 
no legal or regulated sex trade. According to the MOI, the police 
regularly screen escort services in cooperation with the Polish 
Labor Inspectors. 
 
29F. Border Guards and police sometimes regard victims of 
trafficking as criminals who have violated passport laws. However, 
according to government and NGO sources, increased training has 
markedly improved this situation, and most rank-and-file officers 
now understand the difference between smuggling and trafficking. 
Polish law continues to require that anyone found within the 
territory of Poland in an "illegal" status be deported to the 
country of origin.  Legislation enacted in late 2005 provides for a 
reflection period of two months during which a trafficking victim is 
permitted to remain in Poland, receive support and assistance, and 
decide whether to cooperate with an investigation.  Under the law, 
victims who decide not to cooperate should be returned to their 
countries of origin in a manner that shields them from contact with 
traffickers. 
 
29G. The Polish government encourages and facilitates victim 
participation in investigations and prosecutions. As indicated 
above, victims, regardless of their legal status, may now remain in 
country to assist in the investigations of traffickers. In 2007, 
this legal authority was used successfully by 20 foreign victims who 
agreed to participate in the prosecution of their traffickers. 
Polish authorities have not encouraged victims to file civil suits 
or otherwise take legal action against traffickers. 
 
Victims may file civil suits against traffickers but there were no 
such cases in 2007. The victims may also get financial compensation 
 
WARSAW 00000285  009.2 OF 014 
 
 
(through legal action) but there were also no such cases in 2007. 
According to La Strada, during the year, 34 victims assisted in the 
investigation and prosecution of their traffickers, including 25 
Poles and nine foreigners. La Strada also participated in seven 
different court proceedings as a voluntary representative and 
(arranged defense lawyers for ten victims. 
 
As described in para 29D, of the 20 persons who joined the Victim 
Assistance/Protection program 16 persons were referred by the 
police, and four by the Border Guards. 
 
29H. The government provides victim assistance through the local NGO 
La Strada, which currently receives funding from the national 
government specifically for the care of foreign trafficking victims. 
All other trafficked persons are served from the EU structural funds 
under Equal program/EFS (European Social Fund). Some small grants 
from local governments are used to cover crisis intervention for 
trafficked persons in La Strada foundation.  Other NGOs such as 
Caritas and the Nobody's Children Foundation also provide victim 
assistance throughout Poland. 
 
In the first half of 2007, La Strada provided shelter services for 
23 persons (including 14 Poles and nine foreigners.) In the second 
half of the year, 22 persons (nine Poles and 13 foreigners) sought 
shelter with La Strada. Through MOI funds, La Strada provided 
assistance to 276 persons, including 115 new clients (31 foreigners) 
in 2007. 
 
The revision of the law on social welfare, which entered into force 
in April 2007, introduces provisions which allow providing 
assistance to victims/witnesses of trafficking for both Polish 
citizens and foreigners. In accordance with article 5a of the law, 
foreigners are entitled to crisis intervention assistance, shelter, 
food, clothing and financial benefits. This assistance is granted on 
the basis of a document provided by police, Border Guard or 
prosecutor, which confirms that a person is a victim of trafficking. 
The revision of article 47 point 3a provides the possibility for 
foreigners to stay at a crisis intervention center for the period 
defined by their residence permit. In addition, article 7 point 7a 
also allows for the provision of welfare assistance for the needs of 
victims of trafficking. Since the law entered into force in 2007, 
there are no statistics yet available on the number of 
victims/witnesses who received welfare/support on the grounds of 
being a trafficking victim/witness in 2007. 
 
29I. The Polish MOI and the Ministry of Foreign Affairs (MFA), 
conduct extensive formal training for consular officials in Polish 
embassies and consulates abroad. Our NGO contacts believe the MFA 
has an effective approach for providing TIP training to its 
officials, especially in the Consular Department, which regularly 
updates Polish Consulates abroad on the problem, distributes 
information materials on the issue of trafficking and keeps the 
problem high on the agenda. According to the MFA, if a Polish victim 
requests assistance abroad, the Ministry has a list of local NGOs 
that can support the victims, as well as funds to help the victims 
return safely to Poland. GOP officials encourage their embassies to 
develop relationships with anti-trafficking organizations in transit 
and source countries. 
 
29J. While there is no specific government assistance set aside for 
repatriated nationals who are victims of trafficking abroad, such 
persons are eligible for standard unemployment and welfare benefits, 
and the Ministry of Foreign Affairs cooperates with NGOs to identify 
repatriated Polish victims of trafficking for assistance.  NGOs 
allow repatriated victims to participate in assistance programs and 
utilize shelters following their return to Poland. 
 
29K. Numerous international, national, and local organizations are 
involved in anti-trafficking initiatives in Poland.  International 
organizations such as the United Nations Office on Drugs and Crime, 
UNHCR, International Organization on Migration, and OSCE are closely 
involved in anti-trafficking initiatives in Poland.  NGOs active in 
the fight against trafficking include, La Strada, Nobody's Children 
Foundation, Caritas Poland, Halina Niec Association, Agape Project, 
Bread of Life Community)and the Center for Women's Rights. Academic 
institutions such as the Jagiellonian University of Krakow, 
University of Zielona Gora, and the University of Warsaw are also 
involved in anti-trafficking education and policy-making by 
 
WARSAW 00000285  010.2 OF 014 
 
 
completing various studies and research.  These institutions work 
closely with local authorities, and the relationship between NGOs 
and the national government is excellent. NGO training and projects 
continue to be the most effective method to enhance Poland's overall 
anti-trafficking capacity. 
 
The Interior Ministry allocated $149,000 to anti-trafficking 
initiatives in 2007, of which $64,000 was for victim protection and 
the remaining was used for public awareness and prevention. 
 
¶5. (SBU) PREVENTION: Answers keyed to paragraph 30 of REFTEL 
 
30A. Polish government officials at the highest levels acknowledge 
the seriousness of the trafficking problem in Poland, and are taking 
action to address the problem.  TIP was one of the issues post 
discussed with members of the newly elected government, including 
the newly-appointed Minister of Interior and Administration. In 
January 2007, the Interagency Working Group adopted the third 
National Action Plan for Combating and Prevention of Human 
Trafficking for 2007-2008, which follows on and strengthens the 
previous Plans from 2003-2004 and 2005-2006. 
 
30B. In 2007, the MOI ran a wide range of anti-trafficking 
information and educational campaigns. Post will provide brief 
examples of the major outreach efforts below. 
 
On June 11, the MOI organized the Second National Conference on 
Combating and Preventing Human Trafficking, which was attended by 
representatives of government, law enforcement and NGOs. The 
conference focused on a detailed analysis of the system of combating 
and preventing human trafficking, system of victim assistance, and 
the legal provisions related to those issues. The conference 
resulted in the publication of a report that focused on the problem 
of trafficking in children and the identification aspects of 
trafficking in both children and adults.  A similar conference will 
take place in June 2008, and the GOP has designated June 11 as "TIP 
Victims' Day." It is an EU-wide anti-trafficking day. Poland joined 
the other EU countries in recognizing this day. 
 
In 2007, the GOP increased its trafficking awareness programs 
through posters and billboards, as well as through financial 
supporting to NGOs for producing such materials. The MOI held 
information campaigns across the country; these included the 
distribution of educational materials and advertisements on various 
websites, such as the Polish daily "Dziennik." Also, both La Strada 
and Caritas ran a number of education/prevention campaigns on human 
trafficking that the GOP funded. Following is an overview of various 
campaigns and outreach activities organized or funded by the MOI and 
NGOs 
 
--------------------------------------------- --- 
Campaigns combating violence against women and children: 
--------------------------------------------- --- 
In September 2007, the MOI organized a two-day international seminar 
titled "Together against violence - combating violence against 
children, youth and women (from Polish and European perspective)." 
The objective of the seminar was to provide an overview of programs 
and activities within the EU for 2007-2013. The program focused on 
general violence against women and children, and the National 
Anti-Trafficking Action Plan figured prominently in the seminar. 
 
The MOI funded the publication of the book titled "Best Practices in 
Combating Trafficking in Children (IOM publication)," a manual 
addressed to police and Border Guard officers (7,000 copies). The 
Ministry also published a pamphlet on trafficking in persons in 
Poland, and distributed 1,000 copies in Polish and 500 in English. 
 
--------------------------------------------- - 
Campaigns warning against forced prostitution: 
--------------------------------------------- - 
Caritas Warsaw led an information campaign on the HOPE program--an 
international campaign against forced prostitution and human 
trafficking. The outreach consisted in publication of 25,000 
leaflets, 5,000 posters and 5,000 leaflets-business cards, warning 
against the threat of trafficking, and informing the public about 
Project HOPE and its safe shelters for women providing psychological 
and medical assistance. 
 
 
WARSAW 00000285  011.2 OF 014 
 
 
------------------------------------------- 
Awareness raising outreach on forced labor: 
------------------------------------------- 
In cooperation with La Strada, the MOI ran an information campaign 
on trafficking in persons for forced labor. As part of the campaign, 
announcements in the local press cautioned against unreliable 
employers, and listed contacts of institutions that could provide 
assistance in such situations. There were also 15,000 leaflets 
published with information specifically addressed to those looking 
for job opportunities outside of Poland. 
 
Because of its earlier success, in 2007, the MOI published a second 
edition of the pamphlet "Travel Compass," a manual for persons 
traveling abroad to look for work. 5,500 pamphlets were sent out to 
labor offices throughout Poland and the Consulates abroad. 
 
The MFA conducted its own information campaign, which included the 
publication of the guide "Pole Abroad." The guide provides advice on 
how to safely apply for jobs abroad and forewarns about possible 
risks for Polish citizens who go abroad to work. On June 13, the MFA 
held a press conference promoting the guide, during which the 
problem of trafficking was strongly underlined. The manual is also 
available on the MFA website. 
 
Between May and December 2007, the ITAKA foundation, in cooperation 
with newspaper Gazeta Wyborcza, private radio station RMF FM and 
internet portal home.pl, carried out a campaign titled "Safe Work." 
The goal of the promotion was to motivate people to become active in 
their local community (on a voluntary basis) by promoting safe 
employment in Poland and abroad. The campaign included the 
establishment of an internet webpage (www.bezpiecznapraca.eu) 
addressed to persons looking for a job abroad or considering leaving 
Poland for work. The website includes information on how to protect 
oneself against becoming a victim of trafficking. As part of the 
campaign, leaflets and posters informing about "Safe Work" were sent 
out to provincial job offices. In the Gazeta Wyborcza insert 
(Gazeta-Praca), a book with advice and precautions for persons 
leaving Poland for work was also published. During the whole 
campaign, a 24/7 hotline was operated by ITAKA foundation, which 
registers cases of persons missing abroad. 
 
With British Embassy funding, La Strada published educational 
leaflets and postcards addressed to women who plan on working 
abroad.  These materials were distributed by various institutions 
such as schools, job offices, social welfare centers, NGOs, as well 
as during the 70+ prevention lectures La Strada presented to youth. 
 
 
Between November and December, La Strada, in cooperation with the 
Ministry of Labor and Social Policy, carried out an 
information-prevention campaign "Listen before you leave."  Within 
the framework of this campaign, seven radio stations broadcast 
commercials which warned against trafficking in persons for forced 
labor. The campaign efforts included 50 meetings with young people 
at schools and other educational centers to warn them about the 
possible threat of becoming a victim of forced labor. 
 
-------------------------------------------- 
Outreach efforts to people coming to Poland: 
-------------------------------------------- 
There were also a number of campaigns addressed to persons who came 
to Poland to work. The Inter-Agency Working Group compiled a package 
of materials on the Victim Assistance/Protection Program and 
distributed 6,000 copies of posters about forms of assistance 
available to trafficking victims, 6,000 copies of leaflets for 
trafficking victims in various languages with the information about 
the Program and forms of assistance, and 10,000 copies of pamphlets 
for Border Guards and police officers, social workers about the 
Program. 
 
The MOI, in cooperation with La Strada, published information 
leaflets and posters for persons coming to Poland to work (30,000 
copies in Russian and Ukrainian). The purpose of the campaign was to 
inform women moving to Poland (for work, marriage etc.) about work 
requirement documents, marriage requirements, types of assistance 
available to them, and offer a list of NGOs that can assist them 
when in need. The MFA website also posted information on regulations 
and conditions for entering and staying in Poland. 
 
WARSAW 00000285  012.2 OF 014 
 
 
 
In January 2007, La Strada in cooperation with the Border Guards 
organized a display of leaflets and posters at Gdansk International 
Airport, to make people aware of possible risks involved in travel. 
The educational leaflets were also distributed to Polish citizens 
and people from neighboring countries arriving in Gdansk, Poland. 
 
30C. Both government officials and NGO representatives continue to 
describe the relationship between the GOP and anti-trafficking 
organizations as open, positive and deepening. The GOP recognizes 
the importance of NGOs and other elements of civil society in 
preventing trafficking in persons, and actively worked with them to 
develop the National Action Plan.  The GOP relies on and works 
closely with NGOs for victim protection projects, law-enforcement 
training, and prevention campaigns. 
 
30D. The GOP devotes considerable resources to monitor its borders. 
The Border Guards continue to receive high marks from Western 
European counterparts for the quality of their training and 
effectiveness of their enforcement activities.  Through training 
programs implemented by the GOP and La Strada, Polish Border Guards 
are now trained to detect and assist victims of trafficking.  Border 
Guards discover potential TIP victims most often during document 
inspections that they hold to check the legality of aliens' stays in 
Poland.  To improve detection and victim identification, police in 
four border provinces are using a questionnaire developed by Warsaw 
University. Though currently still a pilot program, the GOP expects 
all border guards and police officers to receive training on the 
questionnaire. 
 
Our contact recently highlighted an effective coordination system 
developed in 2007 for the 12 regional units of the Border Guard. As 
part of this effort, police and Border Guard coordinators organized 
a joint workshop in June 2007, which included over 20 trafficking 
coordinators (two or three in each regional unit.) The 2008 workshop 
will be expanded to include district prosecutors coordinating 
anti-trafficking issues. 
 
All entry-level Border Guards go through basic training on 
trafficking. The Border Guard is also planning to introduce a more 
specialized training for officers who are assigned to work directly 
on the border, and in operational-investigation units. 
 
In addition, the Border Guard's operational guidelines for 2008 
include a requirement for careful inspection of children crossing 
the borders; particularly in cases when children croS]