VZCZCXYZ0000
OO RUEHWEB

DE RUEHWR #0660/01 1771026
ZNR UUUUU ZZH
O 261026Z JUN 09
FM AMEMBASSY WARSAW
TO RUEHC/SECSTATE WASHDC IMMEDIATE 8505
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE PRIORITY

UNCLAS WARSAW 000660 
 
SENSITIVE 
SIPDIS 
 
EUR/RPM - JESSICA FISHER 
 
E.O. 12958: N/A 
TAGS: OSCE PHUM PREL PGOV PL
SUBJECT: POLAND - INPUT FOR OSCE HUMAN DIMENSION MEETING 
 
REF: A. STATE 59944 
     ¶B. WARSAW 113 
     ¶C. WARSAW 648 
     ¶D. WARSAW 257 
     ¶E. WARSAW 383 
     ¶F. KRAKOW 525 
 
¶1. (U) Embassy Warsaw looks forward to once again hosting the 
delegates from Washington and the US Mission to the OSCE for 
the Human Dimension Implementation Meeting (HDIM).  Embassy 
Warsaw is providing the following input in response to Ref A 
request for information about host country progress and areas 
of particular concern in advance of the OSCE annual HDIM. 
 
¶2. (SBU) Poland has a strong record of promoting democracy 
and taking principled stands on human rights issues in 
international fora.  Coupled with this is a commitment to 
promoting security as well, an essential element of any 
healthy democracy, as seen in Poland's active engagement in 
NATO's ISAF mission in Afghanistan.  We thank Poland also for 
hosting the annual HDIM and the OSCE Office of Democratic 
Institutions and Human Rights (ODIHR) headquarters in Warsaw. 
 
Freedom of Press 
---------------- 
 
¶3. (SBU) We applaud Poland's Constitutional Court decision to 
strike down a penal code provision criminalizing criticism of 
the "Polish nation."  On September 18, the Constitutional 
Court annulled an article in the criminal code that provides 
for a prison sentence of up to three years for anyone who 
publicly defames the "Polish nation."  Although independent 
media are active and regularly express a variety of views 
without restriction, further steps should be taken to protect 
free speech without reservation.  Under Polish law, 
defamation is a crime punishable by up to two years' 
imprisonment.  This includes insulting, defaming or libeling 
the president, members of parliament, government ministers 
and other public officials.  Although the defamation law is 
rarely applied and journalists found guilty of defamation are 
generally only fined, the provision for criminal penalties 
has the potential for abuse. 
 
Trafficking in Persons 
---------------------- 
 
¶4. (SBU) Poland remains a source country for men and women 
trafficked primarily to Western Europe for the purpose of 
forced labor and sexual exploitation; with Poland's entry 
into the EU and its economic ascendance, Poland has also 
increasingly become a destination country for women 
trafficked from Eastern Europe, Africa and Asia primarily. 
The Government has made important strides in combating 
trafficking and providing victim assistance through its 
national action plan.  Nevertheless, at the beginning of the 
year, the country's only specialized shelter for trafficking 
victims was almost forced to close because of a financial 
short-fall.  Despite the economic crisis, the Government rose 
to the challenge.  In addition to providing full funds for 
the shelter, the Government also expanded its victim 
assistance program (ref B).  We encourage the Government to 
increase training for judges and prosecutors in order to 
improve prosecution efforts and strengthen sentences of 
traffickers. 
 
Judicial System 
--------------- 
 
¶5. (SBU) We remain concerned about the number of pre-trial 
detentions, lengthy trials, and prison overcrowding.  Poland 
took first place among countries that lose cases before the 
European Court of Human Rights in Strasbourg under the 
European Convention of Human Rights, Article 6 (right to 
timely trial).  The other most commonly filed cases against 
Poland are for alleged violations of Article 5 (pre-trial 
detention) and Articles 8 and 3 (both related to prison 
overcrowding).  Although Poland has put administrative 
mechanisms in place to respond to such complaints and provide 
compensation, reforms are necessary to improve the efficiency 
and timeliness of the judicial system and thus increase 
public confidence. 
 
Private Property Restitution 
---------------------------- 
 
¶6. (SBU) We also urge the Government to enact and implement 
legislation to provide administrative mechanisms for 
claimants to receive partial compensation for WWII and 
communist-era private property confiscations.  The 
legislation has been stalled in an inter-ministerial 
clearance process since September 2008, now primarily for 
financial reasons (ref C).  It is high time for the GOP to 
follow through on its previous commitments. 
 
National Minorities 
-------------------- 
 
¶7. (SBU) The Polish Government, President, and NGOs have 
actively promoted Polish-Jewish dialogue and understanding. 
We note, especially, the Government's cooperation with ODIHR 
in the preparation of new educational material to combat 
anti-Semitism, and encourage the Government to ensure its 
incorporation into the national curriculum (ref D). 
 
¶8. (SBU) Although the Roma in Poland generally do not face 
the same level of discrimination as in other parts of Europe, 
the Government can do more outreach to the Roma, and work 
toward greater inclusion.  Fighting within the Roma 
communities isn't helping, but the Government can do more to 
reconcile those differences in order to provide more 
effective assistance for Roma economic and social integration 
(refs D and E). 
ASHE