Collection of data on human trafficking in Poland – main tools in case of lack of one comprehensive system Bratislava, 26th of March 2013 Urszula Kozłowska Unit 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 methods and 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  IV-XII 2009 – 193 victims  2010 – 253 victims  2011 – 133 victims  2012 – 198 victims

Programme for foreigners

Countries of origin

Programme for foreigners - forms of exploitation

Time that victims of THB spent in the Programme

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 1VoT2 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/ Thank you for your attention