Collection of data on human trafficking in Poland –

main tools in case of lack of one comprehensive

system

Bratislava, 26th of March 2013

Urszula KozłowskaUnit against Trafficking in Human Beings

Ministry of the Interior

Trafficking in human beings shall mean the recruitment,

transportation, delivering, transfer, harbouring or receipt of person,

by means of:

1. violence or unlawful treatment

2. abduction

3. fraud

4. misleading somebody or exploiting somebody’s mistake or disability

to correct understanding of undertaken actions

5. using the situation of dependency, using somebody’s critical situation or

helplessness

6. giving to the person, who takes care or supervises other person, financial or

personal benefits or giving the promise of giving such benefits or taking from that

person financial or personal benefit or its promise

-for the purpose of exploitation, even with their consent, especially

in the prostitution, pornography or other forms of sexual exploitation,

in work or in forced services, in begging, in slavery or other forms

of exploitation that humiliate a dignity of the human being

or with the aim of obtaining cells, tissues and organs by violation of the act.

If the behaviour refers to the child, it is considered as human trafficking,

even when methods or means included in point 1-6 have not been used.

Trafficker’s behaviour

methodsand means

aim and

forms of exploitation

children

THB in the Polish Penal Code

Article 189a   § 1. Whoever performs trafficking in human beings,

shall be subject to the penalty of the deprivation of liberty

for no less than 3 years.

§ 2. Whoever makes preparations for perpetrating the crime

specified in § 1,

shall be subject to the penalty of the deprivation of liberty

from 3 months to 5 years.

Standard methods

Data of Police Data of Prosecutor’s office Data of Ministerstry of Justice

BACIS INFORMATION, MAINLY ON TRAFFICKERS

Programme for foreigners

basic data in order to check the effectiveness of the Programme

number of victims,

gender,

nationality,

form of exploitation,

time spend in the Programme,

legality of stay

(cooperation with LEAs),

reflection period,

institutions that included the victim in the Programme.

National Consultation and Intervention Centre

for Victims of Trafficking

questionaire – gathering of data on victims of THB

in order to get the knowledge about:

- their needs (adequate support)

- their profile (prevention, anti-trafficking policy)

foreigners + Polish citizens

both identified and not identified as victims

Data collected by the personel of the Centre after victim’s

consent

Center

Basic information:

Foreigner / Polish citizen

Status of identification

Institution

Information on VoT:

Gender

Age

Nationality

Legality of stay at the moment of identification

Center

Recruitment and transport:

Country of recruitment

Crossing of the border

Forms of exploitation

Country of exploitation

Manner of being freed

Help:

Programme / Center / System of social assistance /other

Help provided in Poland

Legalisation of stay

Statements

Center

In addition:

Children

Work at the moment of recruitment

Reason to leave the home

Recruitment methods and promise

Transport

Forms of control

Health

Return to the country of origin

Safety

Compensation

Previous exploitation

Help gained abroad (in case of Polish citizens)

Amendment of the Act of Foreigners – 2013

I half of 2013 – after identification of the foreigner

as a victims of THB by the Police or Border Guard,

the officer will be entitled to provide special document

which will legalize the victim’s stay on the territory

of Poland → information send to the MOI

will be included in the electronic system STAY

Currently – documents are issued by the regional

government (time!) → in case of arrest of the

foreigner without valid document

there was a risk of his / her expulsion

VICTIM:

Name

Surname

Gender

Date of birth

Place of birth

Citizenship

Amendment of the Act of Foreigners – 2013

The Centre

77 83 81 89

116

170

52

109

020406080

100120140160180200220240260

IV-XII 2009 2010 2011 2012

Foreigners

Polish citizens

IV-XII 2009 – 193 victims

2010 – 253 victims

2011 – 133 victims

2012 – 198 victims

Programme for foreigners 2006 - 2012

10

19 1822

34

25

57

0

10

20

30

40

50

60

2006 2007 2008 2009 2010 2011 2012

number of victims

Countries of origin

111111122344557

15

21

5456

0

10

20

30

40

50

60

Bulgar

ia

Roman

ia

Ukrain

e

Vietna

m

Bangla

desh

Belaru

s

Nepal

Mold

ova

Mon

golia

Kenya

Russia

Nigeria

China

Dijbou

ti

Germ

any

Turke

y

Ugand

a

Camer

oon

Sri La

nka

Programme for foreigners - forms of exploitation

916

919

14 12 9

6

2 148

42

3

6

4

43

1

11

1

0

10

20

30

40

50

60

2006 2007 2008 2009 2010 2011 2012

sexual exploitation labour exploitationexploitation for begging domestic slavery

Time that victims of THB spent in the Programme

9

24

35

60

0

10

20

30

40

50

60

up to 2 weeks 2 weeks - 2 months 2 months - 1 year above 1 year

Police and Border Guards

Annual report – current trends regarding the forms of THB

Units conducting cases, results – only chosen (!)

Statistics: forms of exploitation – only in ended investigations

Detailed description of the case (victims, traffickers,

modus operandi, measures undertaken in the case),

result: support for victims – what kind of?, arrest/penalties

for traffickers, important circumstances for the case)

International cooperation

Trainings

Prosecutor’s office

Department of Organized Crime and Corruption

of the General Prosecutor’s Office

– coordination of prosecutor’s activities

in relation to combating THB

+ monitoring of preparatory proceedings

Pointed prosecutor supervises proceedings on THB

in appeals prosecutor’s offices as well in other lower units

2011 – 136 cases on THB in monitoring

Data for 2011

51 cases on THB; preparations - 1

Forms of exploitation: prostitution and other forms of sexula

exploitation (27), other forms abuses human dignity

(exploitation in commiting crimes) (6), forced labour and

practices similar to it (5), begging (3), other …

Traffickers (22) - citizens of: Poland (18), Bulgaria (2),

other…

Victims (590) - citizens of: Poland (518), Belarus (35),

Romania (13), Ukraine (10), Bulgaria (9), other…

Minors – 17

Ministry of Justice – card MS-S28

Data about the case:

Date when case where delivered to the court

Date when a case where delivered to the court which

issued a final judgment

Date of a final judgment

Date when the judgment became a final date

Ministry of Justice – card MS-S28

Convicted person:

Date of birth

Gender

Place of leaving

Citizenship

Work

Relation with the victim (relative / stranger)

Previous convictions (crimes)

Role in the case

Form of exploitation

Forbidden

activity

(Crime)

Article of the

PP

aggrieving /

mitigating

circumstances

Date of

committing

the crime

day /

month/ year

Place of

committing

the crime

town,

region

Judgment

not guilty

discontinuation of proceedings

conditional discontinuance of

proceedings

waiver of punishment

kind and basic sentence

fine

punitive measures

probation measures

safeguards

conditional suspension of the sentence

supervision by probation officer

Ministry of Justice – card MS-S28

Convicted person:

Detention (dates)

Appeal

- yes / no;

- a person making the appeal

- appeal approved/ disapproved)

Data on victim VoT 1 VoT2

Date of birth (date / month/ year)

Gender

Place of leaving (town)

Citizenship

Job

Compensation (yes / no)

- Compensation as a result of the judgment of the court

- Law on compensation

tel. 22/ 60-149-51www.msw.gov.pl/thb

Thank you for your attention

urszula.kozlowska@msw.gov.pl