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Ludzie Nie Na Sprzedaż– Międzynarodowa Współpraca Policji

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Ludzie Nie Na Sprzedaż– Międzynarodowa Współpraca Policji No human for sale – international co-operation in a field of combating trafficking in humans Materials from conference Project of the Warsaw Metropolitan Police Headquarters implemented with financial assistance of the European Union under “Prevention of and fight against crime” No human for sale – international co-operation in a field of combating trafficking in humans Materials from conference 17-19 March 2009 Warsaw Ladies and Gentlemen, For ages human trafficking was considered as something natural and neither shocked nor surprised anyone. Human beings were treated merely as a commodity. A woman was used as means of payment already in primitive tribes. Nowadays, slavery is unacceptable around the world. International legal acts – both those issued by the UN and regional ones – outlaw slavery and forced labour and consider this ban as an inherent human right that cannot be violated under any pretext whatsoever. And yet, human trafficking, especially women and girls, continues to flourish. It was this burgeoning criminal activity that inspired us to create a project entitled: “No human for sale – international co-operation in a field of combating trafficking in humans”, which was implemented with the European Union’s financial assistance. The publication I have the honour to present to you contains the proceeds of a conference which took place in Warsaw on 17-19 March 2009. I do hope that it lives up to your expectations and that it might prove to be helpful in your everyday operations. I wish to thank both our Polish and foreign partners for the assistance and efforts they have contributed in preparation of the substance for our conference. It is my sincere hope that providing this publication with texts translated into languages of all the involved partners can be conducive to better popularisation of the conference output among persons and institutions directly involved in the fight against human trafficking. I hope you enjoy reading our publication. Adam Mularz Chief of Warsaw Metropolitan Police TABLE OF CONTENTS Grzegorz Korsan: Actions of the Central Investigation Office of the Main Police Headquarters in fight against the crime of human trafficking ...... 5 Marek Wyszkowski: The fight against human trafficking in the context of the Polish legal system................................................................................... 8 Katarzyna Fenik: Outline of the phenomenon of child trafficking: psychological portrait and identification of children – victims of trafficking....... 10 Katarzyna Kmieć: Project for counteracting forced prostitution and human trafficking “HOPE”........................................................................ 12 Michał Czyżewski: Searching for missing persons and the human trafficking phenomenon................................................................................... 16 The role of Commissioner for Civil Rights Protection in Dorota Krzysztoń: assistance actions addressed at victims of human trafficking........ 18 Irena Malinowska: Operating methods of offenders in human trafficking.................... 22 Janusz Bryk: Crimes associated with human trafficking..................................... 25 Mark Loader: Operation Harmony……………………………………………… 32 Christine Chassard: Structure and Tasks of the Office.................................................. 35 Emilie Moreau: Sexual exploitation of children...................................................... 36 Chantal Bredin: Structure and tasks of the office .................................................... 38 Rodrigo Montero Sánchez: General outline of illegal immigration in Spain ........................... 39 Marcelo Gómez Chao Thomas Menzel: Alexandra Klein: The concept of combating “trafficking in human beings”............. 41 Jens Wrischke: Andrej Afanasjev: INFORMATION about combating human trafficking in Ukraine.......45 Grzegorz Korsan Central Investigation Bureau of the Main Police Headquarters Actions of the Central Investigation Office of the Main Police Headquarters in fight against the crime of human trafficking As a strict correlation exists between the crime of human trafficking and organised crime, its combating has become one of the principal tasks of the Central Investigation Bureau of the Main Police Headquarters. In its fight against organised crime the Central Investigation Office applies methods and means that are permissible under valid legal regulations. The selection and effectiveness of the applied methods depends on the specific nature of each case. The specificity of persecuting of the phenomenon of human trafficking and the international nature of this type of crimes give rise to a need for cooperation with foreign law enforcement agencies in other countries, the level of which is currently quite high. Knowledge of the Central Investigation Bureau related to the phenomenon itself and to the recorded incidents has been based primarily on information compiled during execution of own operations and cases, including preparatory proceedings. At present the Central Investigation Office of the Main Police Headquarters is handling investigations related to human trafficking in two principal areas: 1. trafficking for forced labour, in which case the victims are frequently used to commit common offences and misdemeanours; 2. human trafficking, primarily women, for purposes of sexual exploitation, which comprises approximately 90 percent of all cases. There are also individual cases of the organised sale of Polish children outside the territory of the Republic of Poland contrary to provisions of the act on adoption. Human trafficking for forced labour is a relatively new phenomenon in Poland. In this crime the Polish citizens are recruited so that they can be later forced to work on the area of European Union member states, including first of all Italy, Holland, Great Britain, Sweden and Norway. The operation of a criminal group as a rule comprises human trafficking, committing frauds and beguilement of property and money, as well as forcing the victims to commit shoplifting and other common petty crimes and offences, with this entire criminal activity being executed on an international scale. The victims are recruited primarily from among the unemployed under the pretext of finding well paid jobs abroad. Frequently all identity cards and all other identity documents are taken away from such persons while still in Poland. Following arrival in the target country the perpetrators keep the victims confined to their dwellings or other premises rented specially for the purpose, and practically shut them off from the external world. During the stay the perpetrators obtain forged certificates of non- existent employment and certificates of income on the basis of real documents earlier collected from the victims. This procedure allows setting up bank accounts, handling all necessary formalities related to issuance of credit cards or extending loans for the final benefit of the group members. The Poles are then forced to begging and shoplifting, and to committing other common crimes and offences. Results of conducted research clearly show that the principal factors that lead to a decision of going abroad in the case of victims of this particular type of crimes include the following: difficult economic situation, an attempt to hide from the judicature (wanted persons), addiction or other factors that determine susceptibility to manipulations on the part of members of criminal groups. This criminal activity is executed by citizens of Poland (including frequently those of Roma nationality) in strict cooperation with the so-called „residents‟, i.e. the Poles, or with citizens of other countries, who reside both in transit countries and in the target place. The compiled information indicates that the typical criminal group specialising in this particular criminal activity comprises on average 20 to 30 persons. The top management of such a criminal group remains permanently in the target country, from where orders are issued to specific group members. Sometimes leaders of a criminal group stay on the territory of Poland and from there personally manage the entire group operation. They seldom go to the target country, and if so, for a short period of time only. A few members occupying medium level positions in the group hierarchy are assigned with organisation of transport and stay of the victims, falsification of stay documents, employment certificates or income statements and opening bank accounts, from which subsequently money is paid out. In Poland the group has a network of the so-called “recruiters" – i.e. the lowest level group members, who at a charge lure unemployed persons with various promises to make them want to leave the country. The group assures strict cooperation of fences specialised in selling stolen goods. The next area in which this crime is being combated by the Central Investigation Office is human trafficking of mainly women and girls, for purposes of sexual exploitation. This type of cases constitutes on average 90 percent of all handled cases. The illicit market of sexual services on the territory of Poland has been dominated by local criminal organisations, which in many cases include also foreigners who come frequently from Eastern, Western or Southern Europe. Those groups develop a network of extensive contacts in other countries. They execute full control over human trafficking and their operation is of a complex nature, from recruitment of the victims, through to their exploitation.
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