INCSR/POLAND - POST INPUT FOR 2008-2009

UNCLAS WARSAW 001327 SENSITIVE SIPDIS STATE FOR EUR/CE AND INL INCSR EDITOR JOHN LYLE E.O. 12958: N/A TAGS: SNAR PGOV PREL KCRM KJUS PL SUBJECT: INCSR/POLAND - POST INPUT FOR 2008-2009 INTERNATIONAL NARCOTICS CONTROL STRATEGY REPORT PART I, DRUGS AND CHEMICAL CONTROL REF: A. SECSTATE 100992 ¶B. SECSTATE 103813 ¶1. (SBU) Per ref A guidance, the following is Embassy Warsaw's submission for Part I of the 2008-2009 International Narcotics Strategy Report (INCSR). Post's submission for Part II will follow septel. ¶2. (SBU) Begin text: -------------- ¶I. Summary -------------- Poland has traditionally been a transit country for drug trafficking. As economic conditions improve, it is increasingly a more significant consumer of narcotics and producer of amphetamines. The Government of Poland has a comprehensive demand reduction program and integration into the European Union's Schengen zone appears to have improved law enforcement capabilities against narcotics trafficking. -------------- II. Status of Country -------------- In 2008, no significant changes were made in legislation. Compared to 2006, public expenditures on counternarcotics programs decreased in 2007. Polish law enforcement agencies have been successful in breaking up organized crime syndicates involved in drug trafficking, yet trafficking activities continue to become more sophisticated and global in nature. According to mid-year statistics provided by the Polish National Police (PNP),drug-related crimes have decreased since Poland's accession to the European Union's Schengen zone, which the PNP attribute to better information sharing via the EU's Schengen Information System. Police officials acknowledge that their statistics probably do not reflect the full scale of narcotics transiting through Poland, which according to anecdotal information appears to be constant or even slightly on the rise. Cooperation between USG officials and Polish law enforcement has been consistent and Poland's EU accession in 2004 accelerated GoP diligence on narcotics policy. -------------- III. Country Actions Against Drugs in 2008 -------------- Budget: 2007 expenditures on the National Program for Counteracting Drug Addiction totaled approximately 136.5 million PLN (approx. 58 million USD). This figure includes expenditures of the National Bureau for Drug Prevention, National AIDS Center, the Institute of Psychiatry and Neurology, Border Guards, the National Health Fund, provincial and municipal Governments, various training programs, and many other associated expenses. Starting in 2007, this figure excludes Police Headquarters and Central Management Board of Prison Service expenses, partially explaining the large decrease in expenditures from 2006 expenditures of 321 million PLN (approx. 137 million USD). The National Health Fund's 2007 expenditures rose for the first time since 2004 by 2 Million PLN since 2006. Legislation: There have been no major changes in legislation. The Ministry of Health continues to seek to enact its National Plans on HIV and AIDS. In 2008, the Justice Ministry established a special inter-ministerial group to revise the 2005 Law on Combating Drug Addiction and to encourage alternative forms of punishment to incarceration for drug addicts or possession offenders. Although under current law, offenders can be required to attend specialized therapy and have their cases suspended or dropped if therapy succeeds, this option is rarely utilized. Polish law permits the use of informants, telephone taps, and controlled deliveries to fight international crime, and a witness protection program is in place. The maximum sentences for narcotics trafficking is 15 years, while the maximum sentence for trading in narcotics is 10 years. All forms of possession are punishable. Agreements and Treaties: Poland has fulfilled requirements to harmonize its laws with the EU's Drug Policy and closely cooperates with the EU Monitoring Center on Drugs in Lisbon. In 2006, Poland ratified the UN Convention Against Corruption. Poland is a party to the 1988 UN Drug Convention, the 1971 UN Convention on Psychotropic Substances, and the 1961 UN Single Convention, as amended by the 1972 Protocol. Poland is also a member of the Dublin Group. An extradition treaty is in force between the U.S. and Poland. Jurisdiction: Administrative controls for programs like demand reduction and health care are largely decentralized, while law enforcement efforts remain centralized and hierarchical in nature. Demand reduction programs are managed by the Health Ministry's National Bureau for Drug Addiction (NBDA) and provincial and municipal governments, and are intended to target local populations. In contrast, regional law enforcement offices are required to coordinate most activities with Warsaw, which hinders the development of investigations and evidence collection. Cooperation between regional law enforcement offices at times is also limited by the centralized structure. This centralization of power in Warsaw appears to have strengthened since the November 2007 election of Prime Minister Donald Tusk. Law Enforcement: According to PNP mid-year statistics, since Poland,s December 2007 accession to the EU's Schengen zone, drug-related crimes committed in Poland have dropped by 22 percent. The PNP attribute this drop to better access to information from the Schengen Information System. However, anecdotal information indicates that Poland's role as a transit nation has remained constant or might even be on the rise. More comprehensive analysis of the impact of Schengen is not expected to be available until 2009. Poland works with Interpol and EUROPOL to combat transnational narcotics trade. Poland also cooperates with several neighboring countries on counternarcotics programs, including Project Eagle, a Polish-Swedish project against trafficking of amphetamines. One sign of the success of local law enforcement in uncovering amphetamine labs is the relocation of labs from Warsaw to more remote, rural areas. Accomplishments: From the beginning of 2008 through the end of October, the PNP closed down 10 amphetamine labs. In 2007, 27,936 suspects were identified as being involved in drug-related crimes, including 2,945 underage suspects, and there was evidence of over 63,007 drug-related crimes. In September 2008, four tons of hashish worth 120 million PLN (approx. 51 Million USD) was seized in Germany, as the result of cooperation between the Polish Central Bureau of Investigation (CBS) and German and Dutch Police. On the basis of recent seizures, the Polish CBS assesses that it has managed to stem the flow of narcotics from Pakistan to Western Europe. In July, the Polish daily newspaper 'Rzeczpospolita' reported that new routes for transporting cocaine and marijuana from Africa through Poland into Western Europe had emerged. There were indications of the emergence of a shipment route for hashish from Morocco to Poland: in April 2007 the Dutch Border Guard's seized a 44 million PLN (approx. 19 Million USD) drug shipment destined for Poland, and in May 2007 CBS arrested four people suspected of smuggling 1.5 tons of hashish from Morocco to Poland. Production and Transit: Synthetic drugs, particularly amphetamines, are manufactured in Poland in small-scale kitchen operations. The quality of amphetamines in Poland tends to be high as a result of double distillation, making Polish amphetamines competitive with cheaper, large-scale production amphetamines from Belgium or the Netherlands. A significant percentage of Polish-produced amphetamines are exported to Scandinavia. Precursors for amphetamines are not locally available and must be imported from other countries. The profitability of Poland's small amphetamine labs remains low. Shipments of heroin, hashish, cocaine, and ecstasy frequently transit the country, destined for Western Europe. Ecstasy prices in Poland in 2007 ranged from 15 to 40 PLN (approx. 6.50 to 17 USD) per pill and can be bought wholesale for 8 PLN (approx. 3.40 USD). Opium originating from Afghanistan and Pakistan is also frequently shipped through Poland to Western Europe. Domestic Programs: The NBDA has a comprehensive plan for reducing drug addiction and programs to discourage new users. The GoP estimates there are between 100,000 and 120,000 drug users in Poland. In 2007, 85 drug-free residential facilities were in operation, and 13,000 addicts were successfully treated in 2006. An additional 169 outpatient clinics were in operation. In 2007, three new methadone programs were launched, bringing Poland to 15 active substitution treatment programs offered in 1230 centers around the country. Notwithstanding the extensive treatment programs, a gap exists between prison substitution programs and general programs which can lead to attrition. In 2007, the National Bureau for Drug Prevention co-financed the implementation of prevention programs for at-risk children and adolescents, focusing on recreational drug use. Programs like Monar, which targets discotheques and clubs, and Parasol, which focuses on commercial sex workers, are two of the seven demand reduction programs. The National Bureau for Drug Prevention also launched a "Watch Your Drink" program to combat date rape drugs like GHB, ketamine, and rohypnol. -------------- III. Money Laundering -------------- GoP efforts to combat money laundering will be addressed in septel response to ref B. -------------- IV. U.S. Policy Initiatives and Programs -------------- Bilateral Cooperation: Bilateral cooperation between U.S. and Polish counternarcotics agencies remains strong, especially since the stationing of two DEA officers in Warsaw in 2005. One of the challenges to cooperation on a policy level remains the high turnover of senior- and managerial-level counterparts. Differences between the U.S. and Polish judicial systems continue to make cooperation and investigation of some leads problematic. Nonetheless, DEA and LEGAT assess that there is good cooperation at the working level. Cooperation has also been effective in cases where the USG has been able to supplement Polish resources and capabilities and to coordinate regional and intercontinental investigations. In 2008, the PNP cooperated with DEA in several narcotics investigations targeting criminal organizations that import controlled substances into and through Poland. The Road Ahead: Given Poland's predominant role as a transit country, post will continue to promote regional cooperation and focus on providing training that promotes integrated interdiction efforts. Additionally, post will continue to advocate judicial reform measures that enable more efficient investigations and ensure more effective punishment for narcotics traffickers. -------------- ¶V. Chemical Control -------------- Because of the prominence of amphetamine production in-country and frequent transit of precursor shipments to Western Europe, Poland is active in monitoring and controlling the flow of precursor substances. Poland is a member of EUROPOL's Analysis Work File (AWF) program called Project Synergy, which focuses on synthetic drugs. It participates in TRAP, a bilateral Polish-Lithuanian program operating under BALTCOM, the Task Force on Organized Crime in the Baltic Sea Region. TRAP targets BMK (benzyl methyl ketone, an amphetamine precursor) trafficking to the EU, particularly to Belgium and the Netherlands, from Russia. Poland also has bilateral programs in place with Russia to improve cooperation on the expert level for the prosecution of narcotics cases, which have been implemented in cases related to Phenyl-2-Propanone (P2P) smuggling through Lithuania, Ukraine and Belarus. End text. ASHE