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Viewing cable 09BUDAPEST148, HUNGARY: 2009 TRAFFICKING IN PERSONS (TIP) REPORT

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Reference ID Created Released Classification Origin
09BUDAPEST148 2009-02-27 13:18 2011-08-26 00:00 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Budapest
VZCZCXRO4889
RR RUEHAG RUEHAST RUEHDA RUEHDBU RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA
RUEHLN RUEHLZ RUEHNP RUEHPOD RUEHROV RUEHSK RUEHSR RUEHVK RUEHYG
DE RUEHUP #0148/01 0581318
ZNR UUUUU ZZH
R 271318Z FEB 09
FM AMEMBASSY BUDAPEST
TO RUEHC/SECSTATE WASHDC 3917
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RUEHAD/AMEMBASSY ABU DHABI 0009
RUEHKV/AMEMBASSY KYIV 0150
RUEHDIR/AMCONSUL DUBAI 0008
RHMFIUU/DEPT OF HOMELAND SECURITY WASHINGTON DC
RUEAWJA/DEPT OF JUSTICE WASHINGTON DC
RUEHC/DEPT OF LABOR WASHDC
RUEATRS/DEPT OF TREASURY WASHDC
UNCLAS SECTION 01 OF 11 BUDAPEST 000148 
 
SENSITIVE 
SIPDIS 
 
DEPARTMENT FOR G/TIP MEGAN HALL, EUR/CE JAMIE LAMORE, G FOR 
AC BLANK, INL, DRL, PRM, IWI, EUR/PGI FOR JODY BUCKNEBERG 
 
E.O. 12958: N/A 
TAGS: PHUM KTIP KWMN ELAB KCRM KFRD PREF SMIG ASEC
HU 
SUBJECT: HUNGARY: 2009 TRAFFICKING IN PERSONS (TIP) REPORT 
 
REF: STATE 00132759 
 
BUDAPEST 00000148  001.2 OF 011 
 
 
Entire cable is sensitive but unclassified; please treat 
accordingly. 
 
============== 
SUMMARY 
============== 
 
1.  Despite the successful implementation of the National 
Strategy Against Trafficking in Human Beings on April 10, 
2008, the GOH was unable to sustain the same level of 
commitment to anti-TIP activities as it had done in previous 
years.  During the year, the GOH eliminated financial and 
programming support for all NGOs working on TIP issues, and 
provided only minimal assistance for government programs. 
GOH officials reported that many of their initiatives and 
funding prospects will be stalemated until a National Action 
Plan is finalized by the Ministry of Justice and Law 
Enforcement.  The Action Plan was scheduled to be completed 
in August 2008 but was still in the planning phase at the end 
of the reporting period.  NGOs and IOs continue to provide 
the majority of anti-TIP programming and funding in Hungary. 
 
Hungary's TIP environment remains relatively unchanged from 
the previous year.  Hungary is primarily a country of origin 
and transit, and a destination country to a lesser extent. 
Traffickers primarily target young, rural women and adult 
female orphans.  Women from the poorer eastern region of the 
country are especially vulnerable.  The recent economic 
downturn in Hungary has led to an increase in supply of 
domestic victims, and, in turn, has reduced the demand for 
international victims.  Both government officials and NGO 
representatives expressed concern that the visa free Schengen 
Zone has made it easier for traffickers to transit 
international boundaries undetected.  Police officials have 
also been monitoring the effect on trafficking of victims to 
the United States following Hungary's acceptance into the 
Visa Waiver Program in November 2008. 
 
Law enforcement efforts to combat TIP became increasingly 
successful since the implementation of a new TIP law 
enforcement database in December 2008.  The database allows 
police officers anywhere in Hungary to flag any crime that 
may have a TIP-connection.  The National Bureau of 
Investigation receives these alerts and can follow-up on them 
as needed.  NGOs gave high marks to law enforcement officials 
for their effective and proactive approach to identifying 
trafficking victims. 
 
The government's support for victims declined significantly 
from the previous year.  For example, during the year, the 
GOH did not provide financial assistance to any NGO working 
in the TIP community, contrasted with the approximately USD 
150,000 the GOH provided to those NGOs in 2007. The GOH also 
canceled the lease for a building it owned which housed one 
of only two victims' assistance shelters in Hungary. 
However, a government referral system designed in cooperation 
with the GOH and NGO victims' assistance centers worked 
effectively during the year. 
 
Post believes that Hungary has not followed-through on its 
own proposals to address the trafficking situation.  While 
the government-based referral system and law enforcement 
initiatives are proving successful, other areas have been 
left largely unattended.  Hungary has established a solid 
anti-TIP framework through its National Strategy but now 
needs to continue with developing and implementing an action 
plan with the TIP stakeholders.  Hungary should also look for 
ways to support important services for trafficking victims. 
 
======================= 
HUNGARY'S TIP SITUATION 
======================= 
 
A.  Key government agencies, NGOs, and international 
organizations provided the majority of the TIP-related 
information to Post.  The Ministry of Justice and Law 
Enforcement (MOJLE) is the lead government agency on TIP 
issues and is the primary point of contact on all related 
 
BUDAPEST 00000148  002.2 OF 011 
 
 
issues.  Other government agencies involved include the 
Ministry of Foreign Affairs (MFA), Ministry of Social Affairs 
and Labor (MSAL), and the National Bureau of Investigation 
(NBI).  Several NGOs also provided information related to 
victims assistance, prevention efforts, and government 
cooperation.  The International Office of Migration (IOM) is 
an additional source of information.  Post considers the 
sources to be reliable in large part, but believes that some 
of them may skew their input in favor of the government. 
NGOs that have received direct financial or programming 
assistance from the GOH seemed reluctant at times to share 
information that could negatively impact the USG's assessment 
of the GOH's TIP activities. 
 
B.  Hungary is primarily a country of origin and transit, 
however it is also a destination country. In particular, for 
women trafficked for sexual exploitation, Hungary is a 
source, destination, and transit country. 
 
Seventy-five trafficking victims were identified during 2008 
compared to the 28 victims reported in 2007.  Officials 
reported that of the 75 trafficking victims, 56 were 
trafficked internally.  Internal trafficking for sexual 
exploitation originates primarily from eastern Hungary and 
terminates either in Budapest or along the Austrian border. 
Recent trafficking trends suggest that Hungary is becoming 
less of a destination country and more of a transit country. 
Rising poverty rates have increased the supply of domestic 
victims, thus reducing the demand for international victims. 
Additionally, the implementation of the visa-free Schengen 
zone has made it easier for traffickers to traffic external 
victims through Hungary en route to other countries. 
 
Victims were trafficked internationally from Hungary to the 
Netherlands, the United Kingdom, Denmark, Germany, Austria, 
Italy, Switzerland, France, and the United Arab Emirates. 
The Netherlands is increasingly becoming the destination 
country of choice for Hungarian traffickers. 
 
Other victims were trafficked to Hungary from Ukraine and 
Romania.  Nineteen internationally trafficked victims were 
identified during the reporting period, however, there were 
no official estimates of the actual number of victims 
trafficked from, to, or through Hungary. The impact of 
Hungary's acceptance into the Visa Waiver Program on November 
17, 2008 is being closely monitored by government officials 
in anticipation that it may spark a new wave of trafficking 
from Hungary to the United States. 
 
C.  Victims trafficked within and outside Hungary are 
trafficked for sexual exploitation.  TIP victims in Hungary 
are forced to solicit clients on rural roads, city streets, 
and in brothels.  Threats and the use of force are used to 
ensure compliance.  Victims are usually housed in apartments 
owned by traffickers or outbuildings on their property. 
Virtually all victims' earnings (as well as the victims' 
travel documents) are taken by the trafficker. 
 
Many victims are enticed through employment ads promising 
well-paying work, either legal or illegal, but Post has no 
evidence that bona fide employment, travel agencies, or 
marriage brokers are fronting for traffickers.  However, 
bogus employment ads are published in free weekly 
publications, on the internet, or spread by word of mouth, 
for instance, at discos.  Some victims know they are being 
recruited to perform illegal work.  Some are recruited as 
"exotic dancers," but do not expect to have to perform sexual 
services.  Once at a destination, the victim is forced into 
prostitution to pay off the "debt" she has incurred for being 
brought to the establishment.  There is evidence that many 
women are sold into prostitution by their families.  This 
typically happens in very low-income families.  While 
government officials comment that it is not uncommon for 
trafficking victims to use fraudulent documentation, a 
significant number travel with bona fide documents, making it 
difficult to identify victims as they are unaware of their 
intended victimization. 
 
D.  Traffickers will often target young, rural women and 
adult female orphans.  Women from the poorer eastern region 
 
BUDAPEST 00000148  003.2 OF 011 
 
 
of Hungary are especially vulnerable.  NGOs estimate that 90 
percent of all orphan girls are in danger of being 
trafficked.  Upon reaching the age of 18 years, an orphan is 
no longer allowed to reside in state-run orphanages.  At that 
time, the orphan is given a maximum, one-time stipend of 
approximately HUF 1.6 million (USD 6,866), depending upon how 
long they were in state care, which they must use to find 
their own housing.  According to NGOs and government 
officials, the stipend is too small to help the individual 
start a new life.  There is also a mentorship program 
available to those over the age of 18, but in practice it is 
not used very often and it is not viewed by NGOs as very 
effective.  As a result, most of these women find themselves 
indigent and homeless in a matter of weeks.  Out of 
desperation, they often turn to prostitution and quickly find 
themselves at the mercy of traffickers and/or pimps. 
 
E.  Government officials and NGOs both stated that, while 
there are some instances of organized crime engaging in 
trafficking, the majority of traffickers are individuals or 
small groups that are oftentimes interconnected through 
family or social ties, and that many have prior criminal 
records for crimes related to trafficking, such as document 
forgery.  In cases of international trafficking, these 
individuals or groups make cooperative arrangements with 
other small-time operators in the destination country. 
 
============================================= ========== 
SETTING THE SCENE FOR THE GOVERNMENT'S ANTI-TIP EFFORTS 
============================================= ========== 
 
A.  The government recognizes that trafficking in persons is 
a problem in Hungary that requires continued law enforcement, 
prevention, and victim assistance efforts. 
 
B.  The government's National Strategy Against Trafficking in 
Persons came into force on April 10, 2008, establishing the 
framework of cooperation for government agencies involved in 
trafficking issues.  The Ministry of Justice and Law 
Enforcement has the lead on all trafficking issues and, 
according to the strategy, should coordinate government 
activities through a State Secretary-level national 
coordinator.  Other government agencies involved include the 
Ministry of Social Affairs and Labor and the Ministry of 
Foreign Affairs. 
 
The National Strategy details the trafficking situation in 
Hungary and lays the groundwork for the formation of a 
National Action Plan.  It also describes the principle tasks 
of the National Coordinator position to include the 
development of an action plan and a requirement to maintain 
routine communication with key stakeholders.  The strategy 
also set an August 31, 2008 deadline to develop the action 
plan.  Despite the stated goals of the National Strategy, the 
government has not followed-through on its own 
self-prescribed initiatives.  Ten months after the National 
Strategy was adopted, NGOs reported that they did not know 
who the National Coordinator was, nor were they ever 
contacted or consulted about the action plan.  The first 
meeting convened by the National Coordinator occurred on 
February 9, 2009, apparently in response to Post's request to 
gather information for this report. 
 
C.  The government reported both law enforcement and 
budgetary limitations in combating TIP.  Representatives from 
the National Bureau of Investigation reported that 
trafficking laws are narrow in scope and fail to fully 
address the TIP problem.  They cited the example of 
pandering, saying that the law does not treat it as a TIP 
crime, thus weakening their ability to combat it.  The 
National Assembly has been considering legislation to include 
pandering as a TIP crime for many years without success.  The 
absence of any special TIP judges or prosecutors in Hungary 
was also cited as a limiting factor.  A severe budget 
shortfall during the reporting period explained in part the 
significant cut-backs in government support of TIP 
programming.  The government did not financially support any 
TIP NGO during the year.  In 2007, the GOH allocated 
approximately USD 150,000 to NGOs for TIP-related programming. 
 
 
BUDAPEST 00000148  004.2 OF 011 
 
 
D.  The National Strategy established a mechanism for the GOH 
to systematically monitor its anti-trafficking efforts, but 
there was no evidence that this was done.  The National 
Strategy disbanded both the interministerial working group 
and the bilateral working group cited in previous reports, 
and replaced them with the national coordination mechanism. 
This mechanism requires regular communication and meetings 
with key TIP stakeholders, but NGOs and GOH officials 
reported that no such activities occurred.  The GOH also did 
not release regular reports on trafficking, nor did it make 
available through regional/international organizations its 
assessments of its anti-trafficking efforts.  The individual 
agencies that are involved in anti-TIP efforts operate 
independently of each other and rely on informal channels of 
communication to share information. 
 
============================================ 
INVESTIGATION AND PROSECUTION OF TRAFFICKERS 
============================================ 
 
A.  In 1999, the crime of TIP was specifically introduced 
into the Hungarian Criminal Code.  The definition of TIP was 
modified in 2001 to harmonize with the UN Convention against 
Transnational Organized Crimes.  Under paragraph 175/B of the 
Hungarian Criminal Code, any person who sells, purchases, 
conveys, receives another person or exchanges a person for 
another person, including the person, or who recruits, 
transports, houses, hides, or appropriates people for such 
purposes for another party, is guilty of a felony punishable 
by imprisonment not to exceed three years.  The basic penalty 
for traffickers is one to fine years imprisonment, if the 
criminal act is committed for the following purposes: sodomy 
or sexual penetration; to subject the victim to forced labor; 
to the detriment of a person kept in captivity; for the 
unlawful use of human body; in criminal conspiracy; or in a 
pattern of criminal profiteering.  The penalty for these 
offenses increases to two to eight years if it is committed 
to the detriment of a person who is in the care, custody, 
supervision, or treatment of the perpetrator or if it is 
carried out by force, by the threat of force, by deception, 
or by tormenting the injured person.  The penalty increases 
to five to ten years if trafficking for the purpose of making 
illegal pornographic material is involved.  If the victim of 
any of these forms of trafficking is under 12 years of age, 
the penalty is five to fifteen years up to life in prison. 
Any person who makes preparations for TIP is guilty of a 
misdemeanor, punishable by imprisonment not to exceed two 
years.  The law covers both internal and trans-border 
trafficking cases. 
 
The GOH acknowledges that the Supreme Court has set strict 
evidentiary requirements for proving the crime of TIP, which 
makes successful prosecutions under paragraph 175/B 
difficult.  Unfortunately prosecutors often try traffickers 
under other criminal statutes, which are related to 
trafficking and easier to prosecute, but carry lighter 
sentences, in the hopes of providing a greater chance of 
conviction.  The numbers of these "non paragraph 175/B" 
prosecutions are included in the Unified Statistical System 
of Investigations and Prosecutions (ERUBS).  These 
TIP-related statutes may include laws against slavery, 
kidnapping, promotion of prostitution, living on the earnings 
of prostitution, pandering, human smuggling, violation of 
personal freedom, changing the custody of a minor, or 
changing the family status. The GOH did not enacted any new 
TIP criminal legislation during the reporting year. 
 
B.  The basic penalty for trafficking people for sexual 
exploitation is imprisonment between one to five years if the 
criminal act is committed for the purpose of sodomy or sexual 
penetration.  The penalty increases to two to eight years if 
it is committed to the detriment of a person who is in the 
care, custody, supervision, or treatment of the perpetrator, 
or if it is carried out by force, by the threat of force, by 
deception, or by tormenting the injured person.  The penalty 
increases to five to ten years if trafficking for the purpose 
of making illegal pornographic material is involved.  If the 
victim is under 12 years of age, the penalty is five to 
fifteen years up to life imprisonment.  The GOH did not 
enacted any new legislation on sex trafficking offenses since 
 
BUDAPEST 00000148  005.2 OF 011 
 
 
the last TIP report. 
 
C.  The basic penalty for labor trafficking offenses is 
imprisonment between one to five years if the criminal act is 
committed to subject the victim to forced labor.  As with 
sexual exploitation, the penalty increases to two to eight 
years if it is committed to the detriment of a person who is 
in the care, custody, supervision, or treatment of the 
perpetrator, or if it is carried out by force, by the threat 
of force, by deception, or by tormenting the injured person. 
If the victim is under 12 years of age, the penalty is five 
to fifteen years up to life imprisonment.  The law provides 
for criminal punishment for both recruiters who engage in 
recruitment of laborers using knowingly fraudulent or 
deceptive offers that result in workers being trafficked in 
the destination country as well as for employers or labor 
agents who confiscate worker's passports or travel documents, 
switch contracts without the workers' consent, or withhold 
payment of salaries as a means of keeping workers in a state 
of service.  If the perpetrator is a Hungarian citizen he/she 
can be punished for a TIP offense, regardless of the place of 
the perpetration.  If the offender is not a Hungarian 
citizen, Hungarian law should be applied, if perpetration is 
in another country, but the offender has connection to 
Hungary, Hungarian law can be also applied pursuant to the 
Hungarian Criminal Code.  The GOH did not enact any new 
legislation on labor trafficking offenses since the last TIP 
report. 
 
D.  The penalties for rape or forcible sexual assault are 
similar to trafficking penalties.  The basic penalty is 
between two to eight years imprisonment.  The penalty 
increases to five to fifteen years if the victim is under 12 
and if the victim is under the care of the perpetrator or if 
more than one person has sexual intercourse with the victim 
on the same occasion, knowing about each other's acts. 
 
E.  The GOH launched 21 investigations against suspected TIP 
crimes during the year.  According to Ministry of Justice and 
Law Enforcement data, there were 16 convictions against TIP 
for sexual exploitation and an additional two convictions for 
labor trafficking offenses.  Of the 16 convictions for sexual 
exploitation, nine convictions resulted in sentences ranging 
from one and one-half to nine years in prison.  Four of these 
convictions resulted in prison sentences of under three 
years, while the other five convictions resulted in prison 
sentences of more than five years. 
Of the 16 total convictions, seven resulted in suspended 
sentences. Of these, five sentences included additional 
fines.  Fines in three of the cases were below HUF 100,000 
(USD 415).  In the other two cases, the fines were exactly 
HUF 850,000 (USD 3,526).  There was no additional information 
available to explain the disparity between the fines in these 
five cases. 
 
The two convictions for labor trafficking offenses resulted 
in prison sentences of two years in one case and one and 
one-half years in the second case.  Both sentences also 
included an additional two years probation to be served after 
prison. 
 
Compared to the previous year, penalties for convicted 
traffickers were not as severe in 2008. In 2007, the 17 
reported convictions resulted in 16 prison sentences with 
only one case ending in a suspended sentence.  Ninety-four 
percent of convicted traffickers received a prison sentence 
in 2007.  In 2008, only 9 of the 16 convicted traffickers, or 
56 percent, received a prison sentence, while 7 received 
suspended sentences.  A breakdown of the conviction data by 
county revealed that five of the seven suspended sentences 
originated in Szabolcs-Szatmar-Bereg County,  This county is 
the easternmost county in Hungary and is reportedly also from 
where many internally trafficked victims originate.  There is 
no evidence available to explain why the sentencing patterns 
appear to be less strict in this county relative to the rest 
of the country. 
 
F.  The GOH provides training to crisis hotline operators on 
how to recognize potential trafficking victims.  Operators 
refer possible victims to a victim care NGO for follow-up. 
 
BUDAPEST 00000148  006.2 OF 011 
 
 
The GOH also conducts regular training for consular officers 
destined for overseas assignments.  However, the National 
Bureau of Investigation reported that it did not receive any 
funds from the GOH to support TIP training for police 
officers, including victim sensitivity training. 
 
The Hungarian Judicial Academy (HJA) held a two-day course in 
November 2008 for criminal judges who handle TIP cases.  The 
course goals were to sensitize judges to the needs of victims 
and to provide insights into how to best listen to victims' 
concerns.  Fifteen judges participated in the training.  The 
HJA planned to repeat the organized training it conducted in 
2007 for 342 judges that covered TIP-related subjects, but 
plans for that training were canceled. 
 
The International Office of Migration (IOM) has been active 
in training in the past but did not conduct any training for 
government officials during the year. 
 
G.  The GOH cooperates with other nations on a regular basis, 
but police officials noted that international cooperation can 
at times be difficult because the GOH's criminal 
investigations are treated at a higher level of 
classification than other international partners.  The 
Hungarian TIP laws' intent to protect the integrity of the 
TIP investigations limits the ability to share information 
with international partners.  During the year, the Hungarian 
police cooperated on investigations with officials from the 
Netherlands, the United Kingdom, Spain, and France. 
 
In January, Hungarian and French authorities exposed an 
international trafficking ring involving as up to 100 victims 
from several countries including Hungary.  The operation used 
men posing as modeling agency representatives to lure women 
to Paris before forcing them to work there as prostitutes. 
 
H.  The GOH is willing to extradite foreign nationals charged 
with trafficking, unless the suspect may be subject to the 
death penalty.  During the reporting period Hungary did not 
extradite anyone charged with trafficking.  Hungary generally 
does not approve the extradition of its own nationals.  The 
U.S.- Hungary extradition treaty, for example, includes a 
provision that allows each country to deny extradition of its 
own citizens.  In such cases where citizenship is the only 
reason for denial, the denying country is obligated to 
conduct a trial within its own justice system. 
 
I.  There is no evidence of government involvement in, or 
tolerance of trafficking, at the local or institutional level. 
 
J.  There is no evidence that government officials are 
involved in trafficking. 
 
K.  The 1999 Anti-Mafia law regulates prostitution in 
Hungary.  According to the law, prostitution is legal if the 
prostitute is over age 18; however, there are large numbers 
of restrictions as to where prostitution may be carried out. 
Examples of restricted areas include within 300 meters of 
schools, child care institutions, and embassies.  Prostitutes 
caught in restricted areas are subject to a misdemeanor fine. 
 The activities of pimps and brothel owners/operators are 
criminalized.  The law also calls on municipalities to 
designate "tolerance zones," where prostitution would be 
legal.  While attempts to designate such zones have been 
made, none currently exist, mainly due to public opposition. 
 
In 2007, in an effort to bring prostitutes into the legal 
economy, the tax authorities allowed prostitutes to apply for 
entrepreneur permits and provided, with EU assistance, 
approximately HUF 14.7 million (USD 85,231 at that time) to 
the Hungarian Prostitutes' Interest Protection Association 
(HPIPA) to assist individuals in obtaining the permits.  The 
permits allow prostitutes to give receipts to customers and 
incorporated the sex workers into the legal economy by paying 
taxes and making social security contributions. During this 
reporting period, HPIPA said that their attempts to bring 
prostitutes into the legal economy have been largely 
unsuccessful.  HPIPA estimates that between 15,000 and 20,000 
prostitutes are currently working in Hungary, 85 percent of 
whom are women. 
 
BUDAPEST 00000148  007.2 OF 011 
 
 
 
L.  The GOH investigates, prosecutes, and convicts police 
officers or military troops working in foreign missions. 
Police and military officers committing a crime are 
immediately suspended from office, sent back to Hungary, and 
prosecuted.  The foreign mission and the sending country are 
notified without delay.  No such crime was committed during 
the reporting period. 
 
M.  The GOH and multiple NGO and IO sources confirmed that 
there is no evidence that Hungary is a destination for child 
sex tourism. 
 
==================================== 
PROTECTION AND ASSISTANCE TO VICTIMS 
==================================== 
 
A.  Parliament adopted the Act on Entry and Stay of Third 
Country Nationals (Act No.2) which came into force on July 1, 
2007.  This act grants trafficking victims a reflection 
period of one month to decide whether they will cooperate 
with authorities.  During this period, victims are entitled 
to a temporary residence permit and may only be expelled from 
the country if their continued residence presents a serious 
threat to national security, public security, or public 
policy.  After the expiry of the reflection period, if they 
decide to cooperate with authorities, they are entitled to a 
residence permit valid for six months.  The government's 
implementing decree (No. 114/2007) ensures that victims of 
trafficking have access to accommodation, health care, and 
various forms of financial support during their period of 
legal stay in the country.  According to the information 
provided by the Office of Immigration and Nationality, 
temporary residence permits on humanitarian grounds were 
issued to nine people during the reporting period, but there 
is no information as to how many, if any, were trafficking 
victims. 
 
Several NGOs expressed concern that the government's legal 
interpretation of "victim" is oftentimes too narrow to 
include victims of trafficking, thus making it difficult for 
these organizations to secure government funding.  One victim 
assistance NGO said it is considering reclassifying its 
trafficking victims as "homeless" in order to improve their 
chances for government funding.  They reported that other 
victim classifications, including victims of domestic 
violence, are higher on the list of government priorities. 
 
B.  There is currently only one victim care facility 
operating in Hungary which is accessible to trafficking 
victims.  The shelter has been owned and operated by a 
faith-based NGO since 2005 and provided assistance to 75 
trafficking victims during the reporting period, of which 50 
were referred to them directly by the GOH.  The facility 
offers a range of services to victims, including legal, 
medical, and psychological assistance, as well as full room 
and board, repatriation assistance for third country 
nationals, and reintegration services.  Trafficking victims 
are permitted to stay in the facility for up to six months. 
After that, the NGO provides additional assistance to the 
victims to make the transition out of the facility.  Options 
include a transfer to another, non-trafficking victim 
facility, repatriation to their country of origin, transfer 
to another NGO shelter in the country of origin, or 
assistance with gaining legal residence in Hungary. 
 
The NGO had previously operated an additional victim care 
facility in Budapest in a building provided by the GOH. The 
GOH terminated that contract on June 30, 2008 and offered a 
different building in a more isolated location outside the 
city.  Due the facility's "extreme" distance from Budapest, 
the NGO elected not to accept the GOH's offer because its 
location would make the facility "non-operational."  In 2007 
the same NGO received HUF 13 million (USD 74,901 at that 
time) to operate its shelters and provide qualified social 
workers, legal, medical, and psychological assistance, and 
reintegration facilities if necessary.  However, during this 
reporting period, the NGO operated entirely on private 
funding. 
 
 
BUDAPEST 00000148  008.2 OF 011 
 
 
C.  The GOH does not directly provide trafficking victims 
with access to legal, medical, or psychological services. 
However, it does operate a crisis hotline, which has been 
successful in directing trafficking victims to the 
appropriate service providers.  The hotline is funded 
entirely by the Ministry of Social Affairs and Labor and 
employs a staff of 12 operators and one director position. 
The NGO that operates the victim care facility reported that 
most of the 50 trafficking victims referred by the GOH during 
the reporting period came through this channel. Several other 
NGOs reported that the crisis hotline operated successfully 
and effectively during the year. 
 
The GOH reported that during 2008 it allocated HUF 132 
million (USD 550,000) to victim assistance programs.  Nearly 
all of this funding, however, was designated for domestic 
violence, not trafficking, victims. 
 
Both GOH and NGO contacts confirmed that the GOH ceased its 
funding of NGOs working with trafficking victims during the 
reporting year.  GOH officials reported that a severe budget 
crisis hampered the government's ability to provide support. 
Although GOH officials stated that there are plans in place 
to provide additional funding in the future, they said the 
government must first implement the TIP Action Plan, which 
will establish the government's priorities.  The Action Plan 
was scheduled to be completed by August 2008 but is still in 
the planning phase. 
 
D.  The Act on Entry and Stay of Third Country Nationals (Act 
No. 2) described above (para. A) provides foreign trafficking 
victims certain rights that facilitate their stay in Hungary. 
 
 
E.  The GOH does not directly provide longer-term shelter, 
housing benefits to victims, or other resources to assist 
victims rebuild their lives.  In previous years, the GOH 
provided financial support to NGOs that delivered such 
services. 
 
F.  A formal victim referral program process, with an 
emphasis on victim protection, has been in place since 2005. 
According to one NGO, the referral system is functioning 
well.  NGOs reported that courts and prosecutors' offices use 
the referral program to their satisfaction. 
 
The police updated their directive on counter-trafficking 
measures in 2007, which provides guidance to all policemen on 
how to appropriately handle trafficking cases.  The guidance 
places a special emphasis on victim identification, 
international coordination, and cooperation with NGOs. 
 
G.  There are no figures or estimates of the actual number of 
trafficking victims in Hungary.  However, 75 trafficking 
victims were identified during the reporting period.  Of 
these, 50 were referred by the GOH-operated crisis hotline to 
the victims' assistance NGO for follow-up.  Law enforcement 
officials reportedly do not directly refer victims to care 
facilities.  According to the GOH law enforcement statistics 
database (ENYUBS), 10 victims were officially identified 
during criminal proceedings.  The GOH did not provide 
assistance to any trafficking victims through 
government-funded assistance programs during the year. 
 
H.  NGO representatives reported that law enforcement 
officials are successfully proactive at identifying possible 
trafficking victims.  Police officers receive a manual on TIP 
explaining the causes of victimization, interrogation methods 
for the victim-witness, and specific investigation techniques 
and tactics.  The manual was compiled in the framework of a 
regional training program of the Stability Pact for South 
Eastern Europe and the International Center for Migration 
Policy Development (ICMPD) on implementation of the 
regulations of Palermo Protocol. 
 
Hungarian authorities do not register persons engaged in 
prostitution.  As a result, there is no formal mechanism in 
place to screen for trafficking victims among this population. 
 
I.  It is not GOH policy to jail, detain, fine, or deport 
 
BUDAPEST 00000148  009.2 OF 011 
 
 
victims of trafficking, and there were no reports that any of 
these occurred during the reporting year.  According to both 
the GOH and NGOs, the directive on counter-trafficking 
measures from the Hungarian National Police to all police 
officers across the country has had a positive effect on the 
treatment and identification of trafficking victims. 
 
J.  The GOH officially encourages victims to assist in the 
investigation and prosecution of trafficking cases.  In 2001, 
Hungary adopted its Act on Witness Protection.  In theory, 
the program grants physical protection to witnesses.  The 
program is available to victims of trafficking, provided they 
are willing to testify in a court of law. 
 
K.  The GOH conducts regular training sessions for consular 
officers to raise their awareness about potential TIP victims 
they may encounter while posted abroad.  The training 
program, developed by the MFA's Consular Department and IOM, 
is mandatory for all Hungarian consuls and is part of the 
manual issued to all consular officers.  The training also 
serves as a model for other Foreign Ministries in the region. 
In 2008, consular officers identified 16 trafficking victims 
and an additional four potential victims.  Consular officers 
identified victims in the United Kingdom, Austria, Mexico, 
Germany, Italy, Cyprus, and the United States.  In all cases, 
the consular missions issued travel documents in order to 
facilitate the victim's return home, and in some cases they 
also provided financial assistance.  Hungarian consulates 
regularly cooperated with local victim assistance 
organizations and referred many of the victims directly to 
those agencies for assistance. 
 
L.  Repatriated nationals who are trafficking victims have 
access to the range of social services available to all 
Hungarians.  Once repatriated, the GOH does not directly 
provide any additional assistance to these victims.  Instead, 
the victims are normally referred to the NGO-operated victim 
care facility for follow-up. 
 
M.  The most active organization concerned with trafficking 
is IOM.  Since 1999, IOM has conducted the most in-depth 
training on trafficking in Hungary.  In 2007, IOM provided 
anti-trafficking training assistance and awareness raising 
interventions to three target groups (child care, education 
and health experts, and vulnerable groups at risk of being 
trafficked).  These programs directly reached 121 
beneficiaries.  IOM and the GOH are planning a joint 
trafficking prevention campaign slated for mid-March 2009. 
IOM also refers Hungarian victims identified by their offices 
outside of Hungary to the victims' care facility in Budapest. 
 In 2008, IOM referred seven external Hungarians to this 
facility. 
 
A faith-based NGO (which has asked to remain anonymous for 
security reasons) has done considerable street-level work, 
operates the only victims' shelter in the country, and 
provides counseling services to trafficking victims and 
prostitutes, as well as international relief services.  The 
NGO finances trafficking awareness programs for its own 
social workers and experts. 
 
WRA is a victims' assistance NGO that operates some of 
Hungary's regional victims' assistance offices.  WRA provides 
financial and other types of support to victims of all 
crimes, including trafficking.  WRA also runs 
awareness-raising campaigns using information brochures 
placed in police stations. 
 
Women United Against Violence (NANE) is a small, but active 
NGO.  Although NANE's primary focus is not trafficking, it 
provides counseling to trafficking and domestic violence 
victims and promote public awareness of these issues. 
 
The Cordelia Foundation is a small NGO providing relief to 
victims of torture and organized crime.  They also work on 
refugee assistance. 
 
Habeus Corpus is a small NGO that provides legal assistance 
to trafficking and domestic violence victims. 
 
 
BUDAPEST 00000148  010.2 OF 011 
 
 
The Hungarian Prostitute Interest Association (HPIA) is a 
small but active NGO that seeks to raise government awareness 
on the plight of prostitutes.  HPIA conducts surveys on the 
working conditions of street prostitutes, rehabilitates 
prostitutes, and counsels them on how to avoid being 
victimized by traffickers. 
 
========== 
PREVENTION 
========== 
 
A.  The GOH did not conduct any anti-trafficking information 
or education campaigns during the reporting period.  However, 
the MOJ, in cooperation with IOM, plans to launch a 
demand-side campaign on March 4, 2009.  The three-month 
campaign will use information fliers posted in gas station 
restrooms to reach the target audience of 25-45 year old 
males.  The fliers' intent will be to get the audience to 
consider how certain activities, such as hiring a prostitute, 
could support the trafficking industry. Additionally, IOM 
will develop anti-demand related information to be posted on 
the MOJ website.  The MOJ is proposing to incorporate an 
online survey to track the effectiveness of the campaign, 
although government officials admitted that the survey may 
not give an accurate measure of the campaign's impact.  The 
GOH is planning to finance the campaign with HUF 3 million 
(USD 12,500). 
 
B.  Since December 21, 2007, Hungary has been a member of the 
Schengen zone and continues to place a high importance on 
monitoring its borders.  A wide range of modern techniques 
are in place to detect illegal border crossings (such as 
sensors, infra-red cameras, etc).  Immigration and emigration 
patterns are monitored and law enforcement agencies pay 
special attention to cases where TIP may occur during the 
entrance procedure at the borders. NNI police officials noted 
however, that the removal of border controls between Hungary 
and its neighboring Schengen countries has reduced the number 
of immigration officials screening potential victims and 
offenders as they cross these borders. 
 
C.  The GOH established a formal mechanism to facilitate 
communication between the key TIP stakeholders upon adopting 
the National Strategy on April 10, 2008.  In practice 
however, this mechanism was never used.  NGOs reported having 
only minimal contact with the GOH during the reporting year 
and expressed their disappointment in the ineffectiveness of 
the new system. The most prominent NGO dealing with 
trafficking issues reported having "no relationship with the 
National Strategy."  The same NGO expressed frustration that 
the GOH may have created the National Strategy, but had no 
intention of implementing it in practice.  This was a 
sentiment shared by officials from IOM. According to an IOM 
representative, a plan proposed by the GOH to establish an 
internet group for stakeholders to share information was also 
never established as promised.  The National Strategy 
stipulates that the National Coordinator "shall keep contact 
with the national and international stakeholders involved." 
Unfortunately, representatives from every NGO consulted for 
this report said they never had any contact with the National 
Coordinator, nor had ever been informed as to who he was. 
 
The multi-agency working group, which also incorporated NGOs 
and IOs, only formally met one time during the reporting 
year, and only in response to Post's request for a meeting. 
The US-Hungary bilateral working group, which previously 
existed to provide information to for the TIP Report, was 
dissolved with the adoption of the National Strategy. 
 
D.  The National Strategy laid the foundation for the 
creation of a National Action Plan and set a implementation 
deadline of August 31, 2008.  However, at the end of the 
reporting year the Action Plan was still being developed 
within the MOJ.  MOJ officials reported that they expect to 
adopt the Action Plan in the "near future."  NGO and IO 
representatives from the TIP community reported that they had 
not been consulted or advised about the Action Plan process. 
 
E.  There were no reports that the GOH had taken any measures 
during the reporting period to reduce the demand for 
 
BUDAPEST 00000148  011.2 OF 011 
 
 
commercial sex acts.  However, in 2007 Parliament amended the 
Hungarian Criminal Code to stipulate that any person who pays 
for sexual intercourse with a person under the age of 18, is 
guilty of a felony punishable by imprisonment up to three 
years. 
 
F.  Law enforcement agencies have no knowledge of Hungarian 
nationals participating in international sex tourism.  The 
Hungarian Criminal Code stipulates that Hungarian law shall 
be applied to crimes committed in Hungary, as well as to any 
conduct of Hungarian citizens abroad, which are deemed 
criminal in accordance with Hungarian law.  Hungarian 
nationals can be prosecuted on the basis of this article if 
they commit a criminal offense abroad. 
 
G.  An assessment regarding Hungary's efforts to ensure that 
its troops deployed abroad for international peacekeeping 
missions do not engage in or facilitate trafficking or 
exploit trafficking victims was unavailable for this 
reporting period. 
 
========== 
TIP HEROES 
========== 
 
A.  Post nominates National Bureau of Investigation (NBI) 
police major Jozsef Poltl and police captain Csaba 
Kiripovszky for the 2009 TIP Heroes. Both have demonstrated 
outstanding commitment and dedication to improving law 
enforcement efforts against TIP.  Major Poltl and Captain 
Kiripovszky lead a team of 12 police officers in the National 
Bureau of Investigation's Department of Trafficking in Human 
Beings. They have distinguished themselves as national 
experts on TIP and have established key partnerships with 
other international law enforcement agencies.  The TIP 
Department specializes in investigating and dissolving 
international organized trafficking operations and seizing 
personal property from the criminals, as well as providing 
protection to trafficking victims.  Since the department's 
inception in 2004, Major Poltl and Captain Kiripovszky have 
successfully orchestrated the disruption of several organized 
crime operations and have seized more than USD 9.7 million 
from the traffickers. Both men have also provided extensive 
information to supplement this report for the past several 
years.  Post wishes to congratulate Major Poltl and Captain 
Kiripovszky for their extraordinary efforts and for the 
important contributions they make every day to disrupt TIP 
operations and improve the lives of trafficking victims 
across Hungary. 
 
Major Poltl and Captain Kiripovszky have been vetted through 
the Consular Lookout and Support System (CLASS).  No 
derogatory information about either was returned. 
 
============== 
BEST PRACTICES 
============== 
 
A.  The National Bureau of Investigation developed a new law 
enforcement tool which tracks TIP and TIP-related crimes in a 
centralized crime database.  The database allows police 
officers across Hungary to use the database to flag any crime 
that they believe could have a TIP connection.  Officials 
from the NBI Department of Trafficking in Human Beings have 
access to the flagged data and can examine it to determine 
whether there is any connection to a TIP offense.  The new 
system is helping to create a clearer picture of the overall 
TIP situation in Hungary.  Since coming online in December 
2008, the database has already been credited with identifying 
12 verified TIP-related crimes. 
Foley