VZCZCXRO4623
PP RUEHAG RUEHAST RUEHDA RUEHDBU RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA
RUEHLN RUEHLZ RUEHNP RUEHPOD RUEHROV RUEHSK RUEHSR RUEHVK RUEHYG
DE RUEHSF #0088/01 0581054
ZNR UUUUU ZZH
P 271054Z FEB 09
FM AMEMBASSY SOFIA
TO RUEHC/SECSTATE WASHDC PRIORITY 5802
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE PRIORITY
RUEAWJA/DEPT OF JUSTICE WASHINGTON DC
RUEAHLC/HOMELAND SECURITY CENTER WASHINGTON DC
RUEAUSA/LABOR DEPT WASHINGTON DC
RUEATRS/DEPT OF TREASURY WASHINGTON DC

UNCLAS SECTION 01 OF 06 SOFIA 000088 
 
SENSITIVE 
SIPDIS 
 
DEPARTMENT FOR G/TIP (Hall), G, INL, DRL, IWI, PRM, EUR/PGI, EUR/NCE 
 
DEPARTMENT PASS TO USAID 
DOJ FOR OPDAT, ICITAP, CEOS, AND CRD 
 
E.O. 12958: N/A 
TAGS: PHUM KCRM KWMN SMIG KFRD ASEC PREF ELAB BU
SUBJECT: BULGARIA: 2008 ANTI-TRAFFICKING IN PERSONS (TIP) REPORT 
 
REF: STATE 132759 
 
¶1. (SBU) SUMMARY:  Bulgaria is primarily a point of origin and 
transit, and to a lesser degree destination for human trafficking. 
The government's leading anti-trafficking agency - the National 
Commission for Combating Trafficking in Persons (the Commission) - 
stepped up its prevention campaigns and established new local 
commissions in at-risk areas.  Bulgaria opened three new shelters 
for children victims of violence and started renovating a shelter 
for adult trafficking victims.  The government also initiated 
investigations against local politicians accused of leading criminal 
networks involved in money laundering and trafficking in persons. 
Senior government officials spoke out publicly against human 
trafficking and opposed proposals to legalize prostitution. 
 
¶2.  (SBU) Primary point of contact on trafficking is Political 
Officer Joslyn Mack- Wilson (mack-wislonjg@state.gov, tel: +359 2937 
5276, fax: +359 2937 5320).  Approximately 100 hours of staff time 
were required for the completion of this report.  END SUMMARY. 
 
---------------------------------- 
¶3.  (SBU) BULGARIA'S TIP SITUATION 
---------------------------------- 
 
¶A. The Commission, the Prosecution Service and two Interior Ministry 
(MOI) Directorates - the Border Police and the anti-organized crime 
unit - maintain information about trafficking trends, victims and 
traffickers, and criminal proceedings.  The data about traffickers 
is consistent and reliable.  Under a multinational project, funded 
by the United States Agency for International Development (USAID) 
and implemented by the International Center for Migration Policy 
Development (ICMPD), the Commission developed procedures and trained 
staff to use a new database for trafficking victims.  The 
International Organization for Migration (IOM) and NGOs also compile 
data on trafficking victims that they actually have assisted, 
destinations, source points and recruitment methods. 
 
¶B.  Bulgaria continues to be primarily an origin and transit point, 
and to a lesser extent a destination point for human trafficking. 
Most victims trafficked from or through Bulgaria are sent to 
Germany, Belgium, France, Italy, Spain, Austria, Norway, the Czech 
Republic, Poland and other Western European countries.  Bulgarian 
victims are also trafficked to destinations in the Balkans - Greece, 
Turkey, and Macedonia.  Greece and France are destinations for 
trafficked pregnant women, presumably for baby-selling under less 
stringent adoption regimes.  Internal trafficking, particularly to 
resort areas, is primarily for sexual exploitation, and victims are 
often later trafficked to Western Europe.  Law enforcement officials 
report that more than eighty percent of the trafficking 
investigations involve sexual exploitation, though officials note an 
increase in labor trafficking, especially for seasonal work to 
Greece, Italy and Spain.  The ratio between external and internal 
trafficking for sexual exploitation is almost equal. 
 
The prosecution service reported 250 trafficking victims from 
January to December, of them 38 were under the age of 18.  The 
prosecution service reported one foreign victim, though NGOs said 
they assisted a few foreign victims, primarily from Ukraine, Moldova 
and Romania.  Police reported an increase in children trafficked to 
Greece and the United Kingdom for beggary and pick pocketing. 
 
¶C.  The majority of the victims were trafficked for sexual 
exploitation.  Victims are subject to deprivation of identity 
documents, forced prostitution, physical abuse, poor housing 
conditions, and intimation. 
 
¶D.  Young women between 18 and 24, low income persons, unemployed 
persons, and those with less education and problematic family 
relations are more at risk of being trafficked.  Roma children are 
more vulnerable to being trafficked for begging and delinquency and 
Roma women are vulnerable to being trafficked for baby selling. 
 
¶E.  In larger cities such as Sofia, Plovdiv, Varna and Burgas, 
sexual exploitation is mostly controlled by organized criminal 
organizations while small crime groups and freelance operators are 
involved in smaller towns.  Bulgarian victims were principally 
recruited with promises of work, often through close friends or 
acquaintances.  Children trafficked abroad generally traveled with 
the full consent of their parents as required by Bulgarian border 
control.  Both Bulgarian and foreign trafficking victims generally 
traveled using genuine rather than forged documents.  Bulgarian 
citizens were able to travel freely to the EU without visas. 
Victims also were moved frequently from one place to another, 
 
SOFIA 00000088  002 OF 006 
 
 
avoiding detection by authorities for undocumented stays. 
 
--------------------------------------- 
¶4.  (SBU) GOVERNMENT'S ANTI-TIP EFFORTS 
--------------------------------------- 
 
¶A.  High-level officials are committed to fighting trafficking. 
 
 
¶B. The Commission, which by law is comprised of deputy ministerial 
level representatives of different agencies -- MOI, Justice Ministry 
(MOJ), Labor and Social Policy Ministry (MLSP), Health Ministry 
(MOH), Foreign Affairs Ministry (MFA), Education Ministry, State 
Agency for Child Protection (SACP), Central Commission for Combating 
Juvenile Delinquency, Supreme Court of Cassation, Supreme Cassation 
Prosecution, National Investigation Service (NIS) and State Agency 
for National Security -- serves as the focal point for coordinating 
the government's anti-trafficking efforts.  During the year, the 
state allocated budget for the Commission increased from 360,000 BGN 
($288,000) in 2006 to 400,000 BGN ($320,000) in 2008, with an 
additional 100,000 BGN ($80,000) provided to the municipal budgets 
for the local commissions.  The Government equipped the Commission 
with essential resources for its daily operation - premises, 
vehicle, equipment and supplies. 
 
In 2008, six local commissions became operational in Burgas, Varna, 
Sliven, Pazardzhik, Montana and Blagoevgrad - all regions identified 
as major source or destination points for trafficking.  The local 
commissions replicate the structure of the National Commission and 
are administratively subordinate to both the Commission and the 
mayor.  The National Commission purchased equipment and supplies for 
the local commissions and trained the staff. 
 
¶C. The government's challenges to combat trafficking include 
bureaucratic procedures, inadequate compensation for government 
officials, and widespread public corruption. There is no evidence of 
systematic government complicity to trafficking.  Successive 
scandals within the MOI ultimately lead to the April resignation of 
the Interior Minister, which prompted a major reform effort within 
the Ministry.  Ongoing structural changes, successive scandals, and 
poor compensation significantly challenged the MOI officers' morale. 
 Low salaries for social workers make these jobs less attractive to 
qualified applicants.  After the withdrawal of major donors, EU 
funds are eyed as a replacement by both the government and NGOs, but 
seem difficult to access. 
 
¶D.  In February 2009, the Commission produced an annual report 
assessing all government-funded prevention campaigns, trainings, 
investigations, prosecutions and victims identified.  Supplementing 
its January 2008 quantitative survey on public attitudes on 
trafficking, the Commission hired a polling agency, which conducted 
four focus groups with young adults (between 18 and 35) to determine 
their knowledge of trafficking. In general, the participants had 
difficulty defining both trafficking in persons and victims of 
trafficking.  As part of its October 2008 prevention campaign in 
schools, the Commission solicited formal feedback from 133,189 
students and 7,837 teachers, which it will use to refine future 
campaigns.  Most teachers (75 percent) said that the October 
campaign was the first time they taught this topic in class. 
 
--------------------------------------------- --------- 
¶5.  (SBU) INVESTIGATION AND PROSECUTION OF TRAFFICKERS 
--------------------------------------------- --------- 
 
¶A.   2002 Criminal Code amendments set specific punishments for 
trafficking, consistent with the Palermo Protocol.  Section 159.A 
specifies punishments for those who gather, transport, hide or 
receive individuals or groups of people to be used for vicious 
practice, involuntary servitude, seizure of body organs or to be 
kept under compulsory submission regardless of their consent. 
Section 159.B punishes trafficking across the border.  Section 159.C 
addresses recidivism, trafficking involving organized crime groups 
and severe forms of trafficking and specifies punishments according 
to the Protocol.  Unlike Palermo Protocol, the victim's consent is 
not a defense to trafficking charges under Bulgarian law, even when 
the victim is an adult.  A 2004 Criminal Code amendment allowed for 
prosecution of intermediaries involved in baby smuggling and an 
October 2006 amendment criminalized trafficking of pregnant women 
for the purpose of baby selling.  A separate provision punishes 
mothers who consent to the sale, both in the country and abroad. 
The Criminal Code also punishes rape, slavery, forced prostitution 
and activities related to prostitution.  Trafficking is among the 
offenses covered by the 2005 Asset Forfeiture Law, which allows for 
 
SOFIA 00000088  003 OF 006 
 
 
confiscation of illegally acquired property.  Victims of trafficking 
can also sue for civil damages. 
 
B-C.   All forms of human trafficking are equally penalized, 
regardless of the form of exploitation.  The punishment for 
trafficking in persons is 1 to 8 years in prison and fines up to 
approximately $5,000 (8,000 leva).  If aggravated circumstances 
exist -- e.g., a minor or kidnapping was involved -- penalties 
increase to 2 to 10 years in prison and fines of up to approximately 
$6,250 (10,000 leva).  Penalties for trafficking persons across 
borders increase to 3 to 10 years imprisonment and fines of up to 
approximately $9,375 (15,000 leva).  The same increased punishment 
is provided for trafficking of pregnant women for the purpose of 
baby selling.  If the act of trafficking is carried out in 
connection with an organized crime group or constituted a serious 
repeat offense, penalties increase to 5 to 15 years imprisonment 
with fines of up to approximately $12,500 (20,000 leva) and the 
possibility of forfeiture of assets.  Labor recruiters and employers 
who falsely entice workers or forcibly hold them in the destination 
countries can be punished with up to 10 years imprisonment. 
 
 
In January 2009, the Government submitted to the Parliament Criminal 
Code amendments to increase the length of imprisonment and fines for 
trafficking offenses.  The revisions would punish those who use 
trafficking victims for sexual abuse, removal of body organs, forced 
labor or dependency regardless of their consent.  A new proposed 
provision would set a penalty of up to three years imprisonment for 
the clients of minor prostitutes.  Another provision punishes those 
who recruit, force or watch minors perform illicit acts. 
 
¶D.  Sentences for rape range between 2 and 8 years imprisonment; 
sentences increase to between 3 and 10 years if the perpetrator is a 
repeat offender, or if the victim is underage or a descendent 
relative.  In cases where rape results in serious bodily injury or 
suicide of the victim, sentences range between 10 and 20 years. 
 
¶E.  In 2008, the prosecution service investigated 213 trafficking 
cases.  187 of the investigations concerned trafficking for sexual 
exploitation, 18 dealt with labor exploitation, 1 with the seizure 
of body organs and 7 with keeping in submission.  The prosecutors 
filed in court 55 indictments against 87 individuals, of which 80 
were Bulgarian and 7 were foreign nationals.  A total of 69 persons 
were convicted on trafficking charges and 2 were acquitted.  Of 
them, 66 were sentenced for trafficking for sexual exploitation and 
3 for keeping in compulsory submission.  Fifty-one of the sentences 
went through all stages of appeal and their sentence is in force. 
Offenders convicted of trafficking generally served the full 
sentences mandated by the court.  In 2008, the prosecution service 
launched 8 new investigations for labor-trafficking.  For the same 
period, no labor traffickers were sentenced or acquitted.  In some 
of the cases, the prosecutors pressed multiple charges against the 
perpetrators and where there was not sufficient evidence to prove 
the trafficking charges, the perpetrators were prosecuted for 
enticement into prostitution.  The Prosecution service investigated 
105 cases of forced prostitution in 2008 and brought to court 20 
indictments against 31 persons.  For the same period the courts 
sentenced 7 persons and acquitted 2.  Police reported disrupting 7 
cases of baby selling in Greece in 2008. 
 
¶F.  The government and NGOs trained law enforcement officers on 
investigating trafficking and differentiating between trafficking 
victims and offenders.  Between January and April 2008, the 
Commission organized 7 two-day courses on the transnational referral 
mechanism for 141 police officers, social workers, prosecutors and 
NGO representatives.  As part of its regular curriculum the National 
Institute of Justice, the government's magistrates' training 
institution, completed trained 26 judges and 22 prosecutors on human 
trafficking and trans-border crimes.  The MFA Diplomatic Institute 
includes a module on trafficking in its courses for junior officers, 
which were offered to 41 diplomats, 45 junior consular officers and 
30 officers from the Ministry of Defense, the General Staff and the 
Military Academy.  The officers posted to Bulgarian embassies and 
consulates were taught how to recognize trafficking victims and how 
to refer victims to NGOs for legal, medical and psychological 
assistance. 
 
¶G.  In 2008, the MOI anti-organized crime unit cooperated in 21 
joint investigations targeting human traffickers with law 
enforcement from EU member states.  Based on the evidence gathered 
in these investigations, 14 cases were initiated abroad involving 
Bulgarian citizens.  Bulgarian MOI liaison officers in Athens, 
Berlin, London, Madrid, Paris, Prague, Skopje, Vienna, Warsaw, at 
 
SOFIA 00000088  004 OF 006 
 
 
Europol in The Hague, at the SECI Center in Bucharest, and in other 
locations worked on international trafficking cases. 
 
¶H.  A 2005 Constitutional amendment allows the extradition of 
Bulgarian citizens for committed crimes, including trafficking. 
 
¶I.  Corruption is a pervasive problem for Bulgaria.  There are 
allegations of government officials providing "no look" protection 
to organized crime figures but there is no evidence of systemic 
complicity to trafficking. 
 
¶J.  One police officer was under investigation for alleged 
complicity in trafficking.  A 2007 investigation against one Border 
Police officer was suspended in 2008 due to lack of victim 
testimony.  In September and October, police arrested three 
municipal councilors from Varna for leading an organized crime group 
involved in money laundering and human trafficking.  The 
investigation against them is ongoing.  Two of the municipal 
councilors reportedly opposed funding for trafficking prevention 
campaigns.  For the first half of 2008, 10 government officials were 
investigated for corruption and 5 were convicted. 
 
¶K.  Prostitution is not prohibited by law but is also not legally 
regulated.  Penalties for related activities include up to 3 years 
imprisonment for pimping and up to 5 years imprisonment for 
operating organized prostitution establishments.  Inducement to 
prostitution is punishable by up to 3 years imprisonment.  When the 
crime is committed from mercenary motives it is punishable by up to 
6 years imprisonment.  The penalty rises to 8 years imprisonment if 
the crime is performed by or through an organized crime group, if 
the victim is a minor under age 18 or legally incompetent.  If two 
or more persons were induced into prostitution the punishment is up 
to 10 years and if the offense is repeated the punishment is up to 
20 years imprisonment.  In 2008, high-level officials, including the 
Chief Prosecutor and the Deputy Parliament Speaker, continued to 
publicly oppose legalizing prostitution, emphasizing its potential 
to fuel organized crime.  In media and at round-table discussions, 
the Commission educated the public about the possible negative 
consequences of legalizing prostitution. 
 
¶L.  Reporting not applicable to Bulgaria. 
 
¶M.  Although Bulgaria does not have an official child sex tourism 
problem, it is increasingly becoming a destination point, especially 
along the sea coast, for sexual exploitation.  Trafficking victims 
in resort areas are often young girls between 14 and 18, who are 
considered children under Bulgarian law. The Prosecution identified 
38 children trafficking victims in 2008. 
 
 
--------------------------------------------- - 
¶6.  (SBU) PROTECTION AND ASSISTANCE TO VICTIMS 
--------------------------------------------- - 
 
¶A.  The government generally provided child victims with shelter, 
counseling, medical, and legal assistance, consistent with its laws. 
 The government worked closely with NGOs to provide such services to 
adult victims. 
 
B-C.  NGOs and government agencies do not distinguish between 
foreign and Bulgarian citizens in providing assistance to 
trafficking victims.  During the year, the MLSP increased the number 
of crisis centers for children victims of violence, including 
trafficking, from three to six.  The government also increased the 
annual state allowance to these shelters from 6,000 ($3,870) to 
7,750 ($5,000) leva/year per child.  Each center offers 
psychological and medical assistance to victims and has the capacity 
to shelter 10 kids aged between 6 and 18 for a period of up to 6 
months.  The center's social workers seek to ensure the safe return 
of the children to their biological families after this period 
expires and, whenever necessary, to find them employment or 
accommodation in a specialized institution or a foster family. 
 
The Government referred adult trafficking victims primarily to NGOs, 
including Animus (Sofia), Samaritans (Stara Zagora), SOS Families at 
Risk (Varna), Diva (Plovdiv), Open Door (Pleven) and Demetra 
(Burgas) for shelter, counseling, and legal assistance.  The 
Government rented facilities to NGOs, at below market rates and 
provided police protection for NGO-operated safe houses.  During the 
year, the government began renovations on an adult shelter (with 
capacity for six victims) in Varna.  The local government provided 
the facilities for the shelter and the National Commission allocated 
around $13,000 for the renovations.  Once renovated, the Commission 
 
SOFIA 00000088  005 OF 006 
 
 
will cover the shelter's operational expenses and NGO will provide 
the services. 
 
¶D.  The 2003 Anti-Trafficking Act created a special immigration 
status for foreign trafficking victims who cooperate in trafficking 
investigations.  The status provides for full residency and 
employment rights until the end of criminal proceedings.  For 
foreign citizen victims who choose not to cooperate in trafficking 
investigations, the GOB provides 10 days plus one month for recovery 
before they are returned to their country of origin.  The recovery 
period for foreign citizen child victims is ten days plus two 
months. 
 
¶E.  The government does not provide longer-term shelter or housing 
benefits to victims. 
 
¶F.   Law enforcement routinely referred children victims to the six 
state-run centers and adult victims to NGOs.  In 2008, the 
Commission continued to work with NGOs in a multinational project 
funded by the Dutch government to implement a transnational referral 
mechanism.  The project mapped existing referral practices, both 
formal and informal, and outlined gaps. 
 
¶G. In 2008, the prosecution service identified 250 victims of 
trafficking, of which 38 were minors. 
 
¶I. NGOs reported that victims' rights were fully respected, 
according to international norms.  Victims were generally not 
detained, fined, or prosecuted for minor offenses. 
 
¶J.  The GOB encourages victims to assist in the investigation and 
prosecution of trafficking cases and provides special status for 
foreign citizen victims who cooperate.  In 2008, 7 victims received 
witness protection under the Criminal Procedure Code, which included 
protecting the victim's identity and physical protection by police 
officers.  2004 legislation established a more sophisticated 
government witness protection program, which offers special 
protection measures to witnesses, victims, defendants, suspects, 
convicts, and experts providing essential testimony, explanations, 
or information in serious cases, including trafficking, as well as 
their close relatives.  Protective measures for witnesses range from 
the provision of a personal guard and temporary placement in safe 
houses to changing identity in extreme cases.  Witnesses can be 
transferred abroad if security guarantees in country are 
insufficient.  Victims can also file civil suits for material and 
moral damages suffered. 
 
¶K.   During the year, the Government conducted trafficking 
prevention and awareness programs, including trainings for law 
enforcement officers and consular officers posted to Bulgarian 
embassies abroad (See Investigation and Prosecution Section, F). 
 
¶L.   The Government referred repatriated Bulgarian trafficking 
victims to NGOs for legal, medical and psychological assistance. 
The Anti-Trafficking Act provides for repatriated Bulgarian 
trafficking victims to receive the same assistance and care as 
trafficking victims identified within the country. 
 
¶M.   In 2008, the IOM and NGOs, including Animus, Nadia Center 
Foundation, Samaritans, Diva, and SOS Families at Risk conducted 
trafficking awareness programs, trainings, and assisted trafficking 
victims.  NGOs report strong cooperation with Government officials, 
on a national and local level, including support for shelters and 
awareness/prevention campaigns, providing protection and support to 
the organizations and their representatives. 
 
------------- 
¶7. PREVENTION 
------------- 
 
¶A.  The government organized and/or supported numerous public 
awareness programs.  In June 2008, the Commission organized the 
"Safe Vacation" awareness campaign, which included free screenings 
of the anti-trafficking movie Cargo to 1,385 students and the 
distribution of brochures.  In September 2008, the Commission 
produced 20,000 informational leaflets which were distributed in 
movie theaters with the tickets for the movie "Taken," depicting the 
story of a father trying to rescue his trafficked daughter. 
 
In October for the EU day for combating human trafficking, the 
Education Minister launched an awareness campaign for the Commission 
by teaching a class on human trafficking in a Sofia High school. 
The Commission developed training materials for the teachers and 
 
SOFIA 00000088  006 OF 006 
 
 
distributed 125,000 information cards, 50,000 bookmarks, 5,000 
posters and 5,000 pens to more than 3,000 schools.  The local 
commission in Burgas screened the movie "Cargo" for more than 400 
students and for an orphanage which received negative publicity in 
2007 when its kids were shown in a movie performing illicit acts. 
The local commission in Pazardzhik organized an exhibition of 
paintings produced by children victims of violence. 
 
In November, under a bilateral project with Romania, the Commission 
hosted an international conference 50 representatives from 10 
countries on victims' assistance and protection.  In December, the 
Commission co-hosted a digital video conference with Ambassador Marc 
Lagon to commemorate the 16-days of activism to eliminate violence 
against women attended by government officials, NGOs, and Members of 
Parliament.  As part of the 16-days, the Commission held an 
international roundtable on the challenges to combating human 
trafficking in Europe with the participation of the OSCE special 
representative on trafficking issues. 
 
¶C.  NGO representatives and government officials noted positive 
relations with the Commission. 
 
¶D. Effective monitoring of immigration and emigration patterns is 
hampered by visa-free travel between Bulgaria and its neighbors. 
The National Border Police actively monitor airports and land border 
crossings for evidence of trafficking in persons. 
 
¶E.  The Commission is the main point of contact for international 
and local partners on trafficking issues.  An expert advisory group, 
with representatives from all member agencies, meets regularly to 
address operational issues.  The national implementation team to 
develop the transnational referral mechanism, which includes 
representatives of the Prosecution Service, GDBOP, Border Police, 
AAF and the Commission, refined return procedures for trafficking 
victims.  The Commission also hosts regular meetings of a 
coordination group, comprised of international donors and NGO 
representatives, to advance anti-trafficking efforts. 
 
¶F.   The government's current National Strategy for Combating Human 
Trafficking was adopted by the Commission and approved by the 
Council of Ministers in April 2008.  It was developed in 
consultation with all relevant government agencies, as well as NGOs 
and the IOM.  In February 2009, the Commission adopted a draft 2009 
Strategy and submitted to the Council of Ministers' for approval. 
 
¶G.  In 2008, the Commission continued to educate potential victims, 
customers, law enforcement officers, and services providers about 
sex trafficking (See Prevention, B).  In December 2008, the 
Commission organized training for journalists to sensitize them 
about the issue.  Animus produced and disseminated 6,000 brochures 
in 62 night clubs and bars to raise awareness against sexual 
exploitation. 
 
¶H.  Bulgaria does not have an identified problem with child sex 
tourism by Bulgarian nationals. 
 
¶I.  Reporting not required for Bulgaria. 
 
MCELDOWNEY