Report concerning the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by Poland

In the report GRETA admits that the Polish authorities have taken a number of important steps to prevent and combat trafficking in human beings. The social assistance, aliens' and labour legislation have been developed since 2007 to provide for a number of rights for victims of human trafficking. The criminalisation of trafficking in human being, as defined in the Convention, took effect in September 2010. That said, concerning the types of exploitation covered by the offence of trafficking in human beings in Polish law, GRETA urges the authorities to include an express prohibition of servitude so as to ensure greater certainty and clarity as to the scope of domestic law. A series of national programmes and action plans against trafficking in human beings have been adopted since 2003. The National Action Plan for 2011 - 2012 is comprehensive in nature and aims to cover all aspects of action against human trafficking. The Inter Ministerial Committee for Combating Trafficking in Human Beings overseesthe implementation of the action plan, while day-to-day coordination of the activities of governmental and non governmental stakeholders is ensured by the Unit against Trafficking in Human Beings of the Ministry of the Interior. Furthermore, specialised anti-trafficking structures have been set up within the Police, the Border Guard and the General Prosecutor's Office. The involvement of non -governmental organisations in the Inter- Ministerial Committee and its working groups, as well as in the planning and implementation of the national action plan, is also a positive feature of the Polish anti- trafficking framework.
Concerning prevention of human trafficking, GRETA welcomes the steps taken by the Polish authorities, in collaboration with non- governmental and intergovernmental organisations, to raise general awareness of human trafficking, through information campaigns, school education and training of relevant professionals. That said, GRETA encourages the
authorities to strengthen their efforts to discourage demand for services of trafficked persons as regards all forms of exploitation. GRETA also considers that the Polish authorities should take further steps to identify persons and groups vulnerable to human trafficking and to focus on prevention among them through targeted social, economic and other initiatives.
In the report GRETA admits that the Polish authorities have taken a number of important steps to prevent and combat trafficking in human beings. The social assistance, aliens' and labour legislation have been developed since 2007 to provide for a number of rights for victims of human trafficking. The criminalisation of trafficking in human being, as defined in the Convention, took effect in September 2010. That said, concerning the types of exploitation covered by the offence of trafficking in human beings in Polish law, GRETA urges the authorities to include an express prohibition of servitude so as to ensure greater certainty and clarity as to the scope of domestic law.
A series of national programmes and action plans against trafficking in human beings have
been adopted since 2003. The National Action Plan for 2011 - 2012 is comprehensive in nature and aims to cover all aspects of action against human trafficking. The Inter Ministerial Committee for Combating Trafficking in Human Beings overseesthe implementation of the action plan, while day-to-day coordination of the activities of governmental and non governmental stakeholders is ensured by the Unit against Trafficking in Human Beings of the Ministry of the Interior. Furthermore, specialised anti-trafficking structures have been set up within the Police, the Border Guard and the General Prosecutor's Office. The involvement of non -governmental organisations in the Inter- Ministerial Committee and its working groups, as well as in the planning and implementation of the national action plan, is also a positive feature of the Polish anti- trafficking framework.
Concerning prevention of human trafficking, GRETA welcomes the steps taken by the Polish
authorities, in collaboration with non- governmental and intergovernmental organisations, to raise general awareness of human trafficking, through information campaigns, school education and training of relevant professionals. That said, GRETA encourages the
authorities to strengthen their efforts to discourage demand for services of trafficked persons as regards all forms of exploitation. GRETA also considers that the Polish authorities should take further steps to identify persons and groups vulnerable to human trafficking and to focus on prevention among them through targeted social, economic and other initiatives.

GRETA urges also the Polish authorities to ensure, in compliance with their obligations under Article 13 of the Convention, that all possible victims of trafficking, including European Economic Area nationals, are systematically informed of the possibility of having a recovery and reflection period and are effectively granted such a period regardless of whether or not they co-operate with the investigation. Despite the existence of legal possibilities for compensation, very few victims of trafficking have received compensation from the perpetrators, and there are no statistics available concerning victims of trafficking who have received State compensation. GRETA urges the Polish authorities to adopt measures to facilitate and guarantee access to compensation for victims of trafficking, including through the systematic provision of information to victims and by encouraging prosecutors to request compensation orders to the largest possible extent.
GRETA expresses concern over the significant differences between the number of identified victims of trafficking and the number of successful prosecutions and convictions. GRETA encourages the Polish authorities to take measures to identify gaps in the investigation procedure and the presentation of cases in court with a view to ensuring that human trafficking offences are investigated and prosecuted promptly and effectively, leading to proportionate and dissuasive sanctions. Further, GRETA considers that there is a need for improvement of the knowledge and sensitivity of judges, prosecutors, investigators and lawyers about trafficking in human beings and the human rights of victims.
Finally, GRETA considers that the Polish authorities should extend all special protection procedures to cover child victims of THB up to the age of 18. GRETA also invites the Polish authorities to make full use of the available measures to protect victims and witnesses of human trafficking and to prevent intimidation in the course of the investigation and during and after the court proceedings

 

 

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