BULGARIA: 2006 ANTI-TRAFFICKING IN PERSONS (TIP)

UNCLAS SECTION 01 OF 07 SOFIA 000304

SIPDIS

SENSITIVE

SIPDIS

DEPARTMENT FOR G/TIP (Donnelly),G, INL, DRL, IWI, PRM,
EUR/PGI, EUR/NCE (BRANDON)
DEPARTMENT PASS TO USAID
DOJ FOR OPDAT, ICITAP, CEOS, AND CRD

E.O. 12958: N/A
TAGS: PHUM PREF ASEC ELAB SMIG KCRM KWMN KFRD BU
SUBJECT: BULGARIA: 2006 ANTI-TRAFFICKING IN PERSONS (TIP)
REPORT

REF: STATE 3836


1. SUMMARY: This cable provides Embassy Sofia's input
for the sixth annual Anti-Trafficking in Persons (TIP)
report. Bulgaria is primarily a country of transit and
origin, and to a lesser extent a country of destination
for human trafficking. The past year has seen enhanced
cooperation between law enforcement and NGOs in efforts
to counter trafficking. The government has continued to
implement anti-trafficking legislation and related
regulations, and has begun to make use of witness
protection legislation to protect victims of trafficking.
Primary point of contact on trafficking is Political
Officer John Senior (seniorjm@state.gov, tel: +359 2937
5270, fax: +359 2937 5320). Approximately 50 hours of
staff time were required for the completion of this
report. END SUMMARY.

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OVERVIEW
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A. Bulgaria is primarily a country of transit and
origin, and to a lesser extent a country of destination
for trafficking in persons. Law enforcement have
recently noted an increase in the number of cases
involving trafficking of Bulgarian citizens abroad.
Internal trafficking exists, and like cross-border
trafficking, is primarily for purposes of sexual
exploitation.

Most victims trafficked from or through Bulgaria are sent
to Germany, France, Italy, and other Western European
countries. Bulgarian victims are also trafficked to
destinations in the western Balkans - primarily for
prostitution in Kosovo and Macedonia. The business of
prostitution in these areas has traditionally centered
around bars and nightclubs, but NGOs report that law
enforcement pressure has caused a shift toward call-girl
operations managed from private apartments. Because they
operate away from the public eye, such prostitution
networks are harder for NGOs and law enforcement to
monitor and may contribute to a less clear picture of
intra-Balkan trafficking networks.

The prosecution service reported that 293 women and 113
men were victims of trafficking-related crimes in 2005,
along with 100 girls and 11 boys under the age of 18.
The prosecution service's definition of trafficking-
related crimes includes offenses such as migrant
smuggling. NOTE: Post recognizes G/TIP's request for
more specific data on "trafficking-related" law
enforcement statistics, however due to the lack of a
working relationship between the Embassy and the outgoing
Chief Prosecutor and the GOB's March reporting schedule
for year-end statistics, these numbers, obtained from a
report published by the prosecution service, are the best
available at the time of this report.

The International Organization for Migration (IOM)
reported assisting 70 victims in Bulgaria in 2005, a drop
from the 83 victims assisted in 2004. Of the victims
assisted in 2005, 6 were foreign women trafficked to or
through Bulgaria, 14 were victims of internal
trafficking, and 50 were Bulgarian victims who had been
trafficked or were meant to be trafficked abroad. The
domestic NGO Animus Association Foundation (AAF) reported
sheltering 53 trafficking victims in their crisis center
during 2005, up from 48 in 2004.

The MOI's National Service for Combating Organized Crime
(NSBOP) heads an Anti-Trafficking Task Force, which
gathers official information from all MOI units on
trafficking investigations. The Supreme Cassation
Prosecution gathers information from all prosecution
offices on all trafficking-related cases from their
initiation through sentencing. The Ministry of Justice
(MOJ) gathers information on all trafficking-related
cases from courts, and coordinates its reporting with the
Supreme Cassation Prosecution. The IOM maintains
information on the number of trafficking victims based on

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cases it has actually assisted in its centers. NGOs
(including the Nadja Centre Foundation (NCF) and AAF)
also maintain information on the number of trafficking
victims that they have actually assisted in their
centers.

Young women aged between 18 and 24 were most vulnerable
to be trafficked, according to the NSBOP, IOM and NGOs.
Also, the IOM and the NCF identified those with lower
education and those with problematic family relations as
groups more at risk of being trafficked. Minorities,
particularly Roma, were also more vulnerable to
trafficking: Roma accounted for over one-third of the
IOM's assisted cases in 2004, much higher than their
estimated population proportion of between 6 and 7
percent. Roma children were particularly vulnerable to
internal and external trafficking for purposes of begging
and delinquency.


B. Bulgarian trafficking victims tend to come from
regions with high unemployment and poor economic
conditions. The NCF noted higher numbers of victims
originating from the southwest and the northeast of the
country. The NSBOP and IOM reported that foreign victims
came from Romania, Moldova, Russia, Ukraine, Armenia,
Lebanon` and Central Asia. The NSBOP identified Greece,
Turkey, Italy, Germany, the Netherlands, Belgium, France,
Spain, Austria, the Czech Republic, Poland, Macedonia and
Kosovo as destinations for victims trafficked from and
through Bulgaria.

Foreign victims were principally recruited through
promises of work, while Bulgarian victims were most often
recruited through close friends or acquaintances. Both
Bulgarian and foreign victims of trafficking generally
traveled using genuine rather than forged documents.
This was universally true in cases involving Bulgarian
citizens, who do not require visas to travel to the EU.

Political will to combat trafficking remained strong in
2005; however, formal implementation of the National
Strategy for Combating Human Trafficking suffered due to
the summer's general elections, which were followed by
protracted coalition negotiations. After the formation
of the current government, new members were appointed to
the National Anti-Trafficking Commission and an Executive
Secretary took charge of the commission's day-to-day

SIPDIS
operations on March 1, 2006.


C. Officials at high levels of government are committed
to combating trafficking and implementing effective rule
of law; however, the government's ability to address the
problem effectively is hampered by lack of resources and
corruption. There is no wide-ranging pattern of
corruption related to trafficking in persons, however low
salaries and lack of resources expose individual border
and customs officials to bribes and threats from criminal
groups involved in trafficking.


D. According to the Bulgarian constitution, the
prosecution service and investigators are considered part
of the judiciary, and are strictly independent both from
the central government and from one another. In
addition, former Chief Prosecutor Nikola Filchev, whose
seven-year term ended in February 2006, was widely
criticized by Bulgarian and foreign observers as
arbitrary, ineffective, and unaccountable. These
constitutional divisions and personality conflicts have
hampered systematic cooperation and standardization of
reporting on trafficking statistics. While individual
ministries and agencies continue to report annual
statistics on trafficking, it is hoped that the newly-
activated Executive Secretariat of the National Anti-
Trafficking Commission, in cooperation with new reformist
Chief Prosecutor Boris Velchev, will succeed in
harmonizing statistical collection and standardizing
reporting on trafficking issues.

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PREVENTION
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A. The GOB acknowledges that trafficking is a problem.


B. The Ministry of Interior (MOI),Ministry of Justice
(MOJ),Ministry of Labor and Social Policy (MLSP),
Ministry of Health (MOH),Ministry of Foreign Affairs
(MFA),Ministry of Education, State Agency for Child
Protection (SACP),Central Commission for Combating
Juvenile Delinquency, Supreme Court of Cassation, Supreme
Cassation Prosecution and National Investigation Service
(NIS) are all involved in anti-trafficking efforts and
are represented on the National Anti-Trafficking
Commission.


C. With the support of the Government and local
authorities, the IOM and the Bulgarian Red Cross have
conducted a successful "Open Eyes" campaign, which aims
to increase awareness of trafficking among high-risk
communities. NGOs such as Face to Face Bulgaria
cooperated with local educational officials to screen
trafficking awareness films and distribute anti-
trafficking materials. The National Border Police, with
the support of DOJ, developed a short film and training
module used to educate front-line officers on
identification, interviewing, and assistance of
trafficking victims. The Bulgarian Ministry of Foreign
Affairs continued to implement a trafficking awareness
program aimed at standardizing identification and
referral procedures for victims of trafficking by
Bulgarian consular officers posted abroad.


D. The government, through the Ministry of Labor and
Social Policy, has implemented an extensive program
designed to encourage school attendance by providing hot
milk and breakfast to children across the country in the
first through fourth grades. Children also receive free
textbooks in order to allow even the poorest children to
attend. The MLSP continued to implement programs aimed
at helping women develop entrepreneurial skills and
become economically self-sufficient. A World Bank-
financed project run by the MSLP funded social service
centers at ten locations throughout the country that
provided daycare and counseling services to single
mothers and their children. The State Agency for Child
Protection continued to implement the National Strategy
for the Children of the Street. This program included
putting street children in protective custody and
providing them with educational and psychological
support.

E/F. NGOs and international organizations such as the IOM
report excellent cooperation with law enforcement
colleagues and other government contacts. The government
does not allocate direct funding to such groups, but
works with them closely on identification, referral, and
assistance to victims of trafficking. NOT FOR PUBLIC
DISTRIBUTION: NGOs and government officials also
cooperate to facilitate prosecution of trafficking
perpetrators by providing witness protection and
assistance to victims of trafficking who testify against
their traffickers.


G. Effective monitoring of immigration and emigration
patterns is hampered by the fact that travel between
Bulgaria and its neighbors as well as to the EU is
largely visa-free. In addition, the overall number of
trafficking victims is a tiny fraction of the hundreds of
thousands of Bulgarian citizens working abroad legally.
The National Border Police actively monitors airports and
land border crossings for evidence of trafficking in
persons.

H/I. The National Anti-Trafficking Commission is
responsible for coordinating and monitoring all anti-
trafficking activities throughout the country. The NSBOP
Anti-Trafficking Task Force coordinates and monitors all
operational activities related to trafficking. An inter-
ministerial anti-corruption commission, established in
2002, coordinates the efforts of each government agency's
internal inspectorate in fighting public corruption and
also engages in public awareness campaigns.

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J. The government's current National Strategy for
Combating Human Trafficking has been in effect since
February 2005. It was developed in consultation with all
relevant government agencies, as well as NGOs and the
IOM. The strategy has been disseminated to all relevant
implementing partners. An updated strategy is expected
to be released in late March 2006.

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INVESTIGATION AND PROSECUTION OF TRAFFICKERS
--------------


A. In 2002, amendments were adopted to the Criminal
Code that set specific punishments for trafficking.
Section 159.A of the Criminal Code corresponds to the
Palermo Protocol and provides for punishments according
to the Protocol. Section 159.B addresses recidivism and
severe forms of trafficking and provides for punishments
according to the Protocol. A 2004 amendment to the
Criminal Code allowed for prosecution of intermediaries
involved in baby smuggling. The Criminal Code also
punishes rape, slavery, forced prostitution and
activities related to prostitution. Current Bulgarian
legislation allows for the investigation and prosecution
of all forms of human trafficking, not only the most
severe forms mandated by the Palermo Protocol.
Trafficking is among the offenses covered by the 2005
Asset Forfeiture Law, which allows for confiscation of
illegally acquired property. Victims of trafficking can
also sue for civil damages.


B. All forms of human trafficking are equally
penalized, regardless of the form of exploitation. The
punishment for trafficking in persons may include 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). If the act of trafficking in
persons was carried out in connection with organized
crime 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. Inducement to
prostitution is punishable by up to 3 years'
imprisonment, and the penalty rises to 10 to 20 years if
the crime was performed by or through an organized crime
group, if the victim was a minor under age 18 or legally
incompetent, if two or more persons were induced into
prostitution, or if the offense was repeated.


C. 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.


D. Prostitution is not prohibited by law but is also
not legally regulated. However, a variety of activities
often associated with prostitution, such as pimping, are
illegal. Penalties for related activities include up to
3 years imprisonment for pimping and up to 5 years
imprisonment for operating organized prostitution
establishments. Forced prostitution is illegal and is
punishable by up to 6 years imprisonment for perpetrators
or between 3 and 10 years imprisonment for government
officials involved in the activity.


E. (Please see paragraph A note on limited availability
of statistics from prosecution service). During the
first half of 2005, courts reviewed 37 trafficking cases,
of which 11 received final judgments - all of them
convictions. This represents a marked increase from
seven convictions in all of 2004. In addition, during
the first six months of 2005, prosecutors issued 48 new
indictments for trafficking against 53 individuals. Year-

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end statistics are expected in March 2006. Offenders
convicted of trafficking generally served the full
sentences mandated by the court.

According to the prosecution service, 3,044
investigations were initiated during the year for
trafficking-related crimes, resulting in 1,709
indictments against 2,206 individuals. A total of 2,129
persons were convicted. These indictments and
convictions account for all crimes related to human
trafficking, including enticement into prostitution,
forced prostitution and migrant smuggling.


F. In larger cities such as Sofia, Plovdiv, Varna and
Burgas, sexual exploitation tends to be controlled by
organized criminal organizations while small crime groups
and freelance operators are involved in smaller cities
and towns. There have been some reports of agencies
offering foreign employment opportunities operating as
fronts for trafficking operations; however, according to
the government and NGOs, the vast majority of Bulgarian
trafficking victims are recruited individually through a
friend, relative, or acquaintance.


G. The government actively investigates trafficking
cases, as reflected in statistics provided in paragraph E
of this section. The Military Prosecution Service also
actively investigates and prosecutes crimes perpetrated
by military and law enforcement personnel, including
trafficking-related offenses.

The Criminal Procedure Code provides for the use of
special investigative techniques for collecting evidence
in trafficking cases. The MOI reported that special
investigative techniques are actively used in combating
organized crime and trafficking. Permitted special
techniques include surveillance, interception, tracing of
persons, entry into premises, monitoring of
correspondence and marking of objects. Covert operations
are permitted under the revised Criminal Procedure Code
passed in October 2005. The law is expected to take
effect in April 2006.


H. As discussed in paragraph C of the prevention
section, the government and its international and NGO
partners provide front-line law enforcement officers with
training in the identification and investigation of cases
of trafficking.


I. The GOB actively cooperates with other governments
in investigating and prosecuting cases of trafficking.
During the year, there were Bulgarian liaison officers
from the MOI working in Athens, Berlin, London, Madrid,
Paris, Prague, Skopje, Vienna, Warsaw, at Europol in The
Hague, at the SECI Center in Bucharest, and in other
locations. These liaison officers actively worked on
international trafficking investigations. Bulgarian law
enforcement authorities continued joint investigations
with French, Italian and Greek counterparts into the
trafficking of Bulgarian infants to France, Italy and
Greece.


J. In 2005, the Bulgarian Parliament adopted an
amendment to the Constitution allowing the extradition of
Bulgarian citizens for crimes committed abroad pursuant
to international treaty. Under the terms of the Palermo
Protocol, this provision applies to human trafficking as
well as other crimes. Implementing legislation allowing
for the extradition of Bulgarian nationals has been in
force since July 2005. Third-country nationals have been
extradited for trafficking offenses as well.


K. There is no evidence of government involvement in or
tolerance of trafficking on an institutional level.
However, there have been reports of low-level law
enforcement officials being involved in trafficking-
related corruption.


L. The government was unable to provide statistics on
trafficking-related prosecutions and convictions of
government officials by the time of this report.

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M. Bulgaria does not have an identified child sex
tourism problem.


N. Bulgaria has signed and ratified the following
international instruments:

-- ILO Convention 182 was ratified 28 July 2000;
-- ILO Convention 29 was ratified 22 September 1932;
-- ILO Convention 157 was ratified 23 March 1999;
-- UN Convention on the Rights of the Child (CRC) was
signed 31 March 1990 and ratified 3 June 1991. The
Optional Protocol to the CRC on Sale of Children, Child
Prostitution and Child Pornography was signed 8 June 2001
and ratified 12 February 2002;
-- UN Convention Against Transnational Organized Crime
and the supplemental Protocol to Prevent, Suppress and
Punish Trafficking in Persons, especially Women and
Children were signed 13 December 2000 and ratified 5
December 2001.

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PROTECTION AND ASSISTANCE TO VICTIMS
--------------


A. The 2003 Anti-Trafficking Act created a special
immigration status for foreign trafficking victims who
choose to 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; if at the end of the recovery
period victims still choose not to cooperate in the
trafficking investigation, they are transported to their
country of origin. The recovery period for foreign
citizen child victims, at the recommendation of the SACP,
is ten days plus two months. The Anti-Trafficking Act
provides for repatriated Bulgarian trafficking victims to
receive the same assistance and care as foreign and
Bulgarian trafficking victims identified within the
country. NGOs and government agencies do not distinguish
between foreign victims and Bulgarian citizens in
providing assistance to trafficking victims.

Trafficking victims receive voluntary, confidential, free
medical care through public hospitals and NGOs such as
Medecins sans Frontieres (MSF). Psychological and
psychiatric care provided to victims of trafficking by
NGOs such as AAF, NCF, and MSF is rated by the IOM as
among the highest-quality in Southeastern Europe.

The Government referred trafficking victims to the IOM
and NGOs (primarily the NCF and AAF) for sheltering and
assistance with legal and other needs.


B. The Government supports the IOM and NGOs in their
assistance to trafficking victims. Part of this
assistance includes providing facilities and police
protection for IOM-operated shelters and safe houses
throughout the country.


C. MOI law enforcement personnel routinely refer
victims of trafficking to the NGO partners mentioned
above. Training modules employed by government agencies
emphasize sensitivity and the importance of
differentiating between trafficking victims and
offenders. Consular officers posted to Bulgarian
embassies and law enforcement personnel received training
on recognizing trafficking victims and how to refer
victims to the IOM and NGOs for legal, medical and
psychological assistance.


D. According to the IOM, victims are treated with full
respect for their rights, according to international
norms, and are not treated as criminals. Victims are
generally not detained, fined, or prosecuted for minor
offenses.


E. The GOB encourages victims to assist in the
investigation and prosecution of trafficking cases and

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provides special status for foreign citizen victims who
choose to render such assistance. A witness protection
program is available to Bulgarian citizen victims who
choose to render similar assistance. All trafficking
victims have the right to seek assistance from government
agencies, and these agencies are obligated to assist
them. Victims can also file civil suits for material and
moral damages suffered.


F. Legislation governing the government's witness
protection program was adopted in 2004, and the program's
initial implementation began in 2005. Trafficking
victims have been protected under this program, which
offers special protection measures to witnesses, victims,
defendants, suspects, convicts, and experts providing
essential testimony, explanations, or information in
trafficking cases, as well as their close relatives.
Protective measures for witnesses range from being
provided a personal guard and temporary placement in safe
houses to changing residence or workplace to changing
identity in extreme cases. The legislation also provides
for witnesses to be transferred abroad if there are not
sufficient security guarantees in country.


G. In association with the IOM and NGOs, the Government
conducted trafficking prevention and awareness programs,
including programs for law enforcement officers and
consular officers posted to Bulgarian embassies abroad.
These programs included segments addressing the legal
provisions relating to human trafficking as operational
and psychological treatment for trafficking victims.


H. The Government referred repatriated Bulgarian
trafficking victims to the IOM and NGOs (primarily the
AAF and NCF) 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.


I. The IOM is the primary organization involved in
addressing trafficking and assisting trafficking victims.
The AAF and NCF also provide assistance to trafficking
victims. All three organizations report having excellent
cooperation with Government officials, on a national and
local level, including support for shelters and
awareness/prevention campaigns, referring victims to the
organizations for assistance and providing protection and
support to the organizations and their representatives.

BEYRLE