TIP ISSUES GRAB POLISH HEADLINES

UNCLAS WARSAW 001237 SIPDIS SENSITIVE SIPDIS PRM FOR HOLLABAUGH EUR/NCE FOR PUTNEY G/TIP FOR HALL E.O. 12958: N/A TAGS: PGOV PHUM PREF KCRM KJUS PL SUBJECT: TIP ISSUES GRAB POLISH HEADLINES REF: 06 WARSAW 2511 ¶1. (U) Summary. Polish media has recently highlighted a number of instances where law enforcement mishandled and deported TIP victims. Interior Minster Kaczmarek seized on the bad press to highlight the seriousness of the problem to the public and launched an internal investigation, and the Human Rights Ombudsman pressed for a better legal foundation to combat TIP. NGOs, which had been generally happy with progress, are now critical of the GOP's anti-TIP efforts. Unrelated political shakeups in the National Police have led to the resignation of Central Anti-Trafficking Unit (CATU) Chief Pawel Maslowski and the dissolution of the unit as an independent entity. These come after a period in which there was significant progress, and Post will continue to press the GOP on TIP issues. End Summary. Press Highlights Law-Enforcement Slipups -------------- ¶2. (U) On February 19, media reported on the deportation of a Vietnamese woman identified as a TIP victim and protected by the Interior Ministry (MSWiA)-funded assistance program for TIP Victims. Under this program the woman should have received safety, medical and psychological counseling, and other assistance, but instead Border Guards treated her as an illegal immigrant and deported her without notifying La Strada, the NGO which serves as point of contact for TIP victims. Two months later, on April 19, Interior MiQstry officials publicly acknowledged that deportation was a mistake and announced that the procedures for dealing with trafficking victims would be amended so that such situations would not happen again in the future. ¶3. (U) Despite this pledge, on May 8 national newspaper Dziennik published story on a similar case where Polish law enforcement treated a potential TIP victim as an illegal immigrant. A Nigerian woman was lured to Poland with an offer to play handball at a sports club, but instead was forced to work at a sex club. When police discovered the young woman she had been physically and sexually abused by clients, tortured by her pimps, and infected with HIV. Police turned her over to Border Guards, who immediately began deportation proceedings instead of following the proper procedures of notifying La Strada and providing social services to the possible TIP victim. ¶4. (U) During this period Polish law enforcement did boast some successful operations, specifically the arrest of a married couple on May 10 for forced prostitution and pimping of another severely abused Nigerian woman in northern Poland; and another arrest of two Bulgarians who had been forcing a 22-year old Bulgarian woman to provide sex to truck drivers along one of Poland's international highways and had severely beaten her for not generating enough income. Polish Government Reaction -------------- ¶5. (U) Interior Minister Janusz Kaczmarek used the negative press to underscore the seriousness of human trafficking in Poland, and to show that Poland is not only a transit country but also a destination for TIP victims. He personally intervened and halted the deportation proceedings of the Nigerian woman, granting her assistance, and opened an internal investigation into the Office for Repatriation and Aliens, National Police, and Border Guards to examine whether they complied with all required procedures in this case. ¶6. (U) On the heels of Kaczmarek's announcement, Human Rights Ombudsman Janusz Kochanowski submitted a formal request to the Minister of Justice to amend the criminal code to include the definition of trafficking into article 253, which prohibits but does not define trafficking. Kochanowski argued that Article 253 is unclear and that judges and prosecutors are reluctant to apply this article when prosecuting TIP offenders. Instead, they tend to charge perpetrators with other offences, such as fraud, organized crime, or pimping. Most NGOs, academics, and even some in the judiciary have long called for precisely this revision of the Polish criminal code. Prominent NGO Lashes Out -------------- ¶7. (SBU) On May 10, PolAsst spoke with La Strada president Stana Buchowska, who strongly criticized law enforcement for their comportment in the Vietnamese and Nigerian cases, as well as for poor cooperation among various agencies that deal with TIP. Over the last year Buchowska had been praising GOP efforts, primarily those of CATU Chief Maslowski. But the last few months have seen serious backsliding according to Buchowska; law enforcement too often fails to identify victims and refer them for assistance; too many TIP victims are treated as illegal immigrants and deported straightaway to their countries of origin; and despite the numerous training sessions provided there is a general lack of coordination between police, border guards and other law enforcement agencies. ¶8. (SBU) Unlike the Human Rights Ombudsman, Buchowska complimented Poland's TIP-related legal framework, specifically Article 253 of the Criminal Code, believing that the law is sufficient as written. She claims that poor enforcement is the main area of concern. Prosecutors and judges, she said, seem to be reluctant to apply this article and often refer to Article 204 (4),which only penalizes forced prostitution. The maximum punishment under this article is 10 years, whereas Article 253 is strictly for trafficking and prescribes a mandatory prison sentence of between three and 15 years. Buchowska believes that the current government lacks strong political will to combat trafficking, and many government officials do not perceive trafficking as a major problem. Shakeup in Police Anti-TIP Unit -------------- ¶9. (SBU) Buchowska further claimed that cooperation between La Strada and law enforcement, which had shown marked improvement over the past year, has recently worsened, due to what she claims is the GOP's more conservative approach, political and structural changes within law enforcement, and the lack of political will to undertake more effective measures to combat trafficking. She believes that not enough government officials perceive TIP as a serious problem. Further exacerbating the situation is the recent resignation of Central Anti-Trafficking Unit (CATU) Chief Pawel Maslowski, who received high marks from NGOs for his anti-TIP work. Maslowski indicated to PolAsst that the overall political atmosphere in the police department was a major factor in his decision to step down. [Note: There have been drastic personnel changes in the police as a result of the current government's unrelated effort to remove officers with links to the communist-era police system. End Note]. All other members of the CATU, except one, have resigned as well, and the CATU, described in Reftel, will soon cease to exist as a separate entity in the national police. ¶10. (SBU) Comment: After significant progress and high-profile breakups of international human trafficking rings, the recent mishandling of trafficking victims represents a step backwards in Poland's efforts to combat TIP. The GOP's recent public acknowledgement of TIP as a major problem may lead to better enforcement, but the loss of Maslowski and some of his colleagues in the National Police is disconcerting. The MSWiA and MOJ have scheduled training sessions for judges and prosecutors, but not until 2008. Post will continue to engage Justice and Interior Ministry and police officials for further training and progress. End Comment. ASHE