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Date: April 20, 2024 Sat
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poland
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96 total results foundAuthor: Ciecierski, Christina Title: The Market for Legal and Illegal Cigarettes in Poland: A Closer Look at Demand and Supply-Side Characteristics Summary: This work interviewed respondents (both smokers and non-smokers living in smoker households) about their cigarette purchases and carefully inspected cigarettes packs for various indicators of illegal origins including: price, domestic versus foreign versus missing excise tax stamps, health warning labels and/or tar and nicotine labels in order to produce estimates of the share of smuggled cigarette use within Poland's tobacco market. Details: Chicago: Northeastern Illinois University, 2007. 30p. Source: Working Paper Series/ITEN Working Paper Series No. 1 Year: 2007 Country: Poland Keywords: Illegal Tobacco (Poland) Shelf Number: 118327 |
Author: Halicki, Malgorzata Title: Intimate Partner Violence Against Older Women: National Report Poland Summary: Up to now only little is known about older women as victims of intimate partner violence in Europe. The issue often gets lost between the topics intimate partner violence, domestic violence and elder abuse both in research and in service provision. Domestic violence services and research on the one hand generally do not have a special focus on older women and age-related issues, and elder (abuse) services and research with their focus on vulnerability and care issues on the other hand usually are not sensitive to gender-specific dimensions of violence in partnerships. An age specific approach and a gender specific approach to family violence seem to exclude each other for the most part. The Intimate Partner Violence against older Women study (IPVoW), a European research project conducted by 7 partners in 6 countries - started its research activities with the aim to bridge this gap and come to a comprehensive age- and gender-sensitive view on the issue.The project had a number of specific objectives. This study presents an analysis of the situation in Poland. Details: Bialystok, Poland: Institute of Sociology of Education & Institute of Andragogy and Gerontology, University of Bialystok, 2010. 248p. Source: Internet Resource: Accessed April 14, 2011 at: http://www.ipvow.org/images/stories/ipvow/reports/IPVoW_Poland_English_final.pdf Year: 2010 Country: Poland Keywords: Domestic Violence (Poland) Shelf Number: 121345 |
Author: Czapska, Janina Title: Sharing Good Practice in Crime Prevention: Polish National Report Summary: This report presents an analysis of the territory of Pradnik Czerwony and assesses good practices in crime prevention in various European cities that could be utilized in this area for the prevention of crime. Details: Krakow: Crime Prevention Carousel, 2006. 102p. Source: Internet Resource: Accessed August 24, 2011 at: http://www.e-doca.net/content/docs/National_Report_Poland.pdf Year: 2006 Country: Poland Keywords: Crime Prevention (Europe) Shelf Number: 122482 |
Author: Kuzmicz, Ewelina Title: Drug Policy in Poland - Time for a Change Summary: Drug possession is a prohibited act liable to prosecution and penalty of incarceration. The criminalization of drug possession has been functioning in Poland for 10 years. Now is the time to evaluate its costs and effects. The criminalisation of drug possession does not meet the policy goals that inspired this approach, proves to be costly and has a number of negative effects. Although punishing for possession is perceived as a helpful instrument of police operations, it fails to reduce the drug use and trafficking, it costs the state budget at least 80 million PLN per year (EUR 20 million) and affects mainly young people and users of marijuana. The decriminalisation of possession of small quantities of drugs for personal use should be introduced. In practice, this would mean that possession of small quantities for personal use would not constitute a criminal offence and would not be liable to incarceration. Details: Warsaw, Poland: Institute of Public Affairs, 2010. 8p. Source: Internet Resource: Analyses & Opinion No. 13/110: Accessed September 28, 2011 at: http://www.isp.org.pl/uploads/analyses/1718781744.pdf Year: 2010 Country: Poland Keywords: Drug Abuse and Addiction (Poland) Shelf Number: 122938 |
Author: Czapska, Janina Title: Gender-based Violence, Stalking and Fear of Crime Summary: Due to their age and lifestyle, female students as a group are especially at risk from various forms of sexual violence – the aim of the three-year European-wide research project “Gender-based Violence, Stalking and Fear of Crime” (2009-2011) is to verify this hypothesis and to collect, analyse and compare relevant data in five European countries. By analysing the qualitative and quantitative data in a comparative survey it aims to rising awareness for the victimisation of female students. In the consequence this will support universities in their efforts to decrease sexual violence at universities, to help victims and to implement adequate instruments of prevention and intervention. The EU project, which has been funded through the programme “Prevention of and Fight Against Crime” initiated by the EU Commission on General Justice, Freedom And Security, is being coordinated at the Department of Criminology at Ruhr University Bochum in Germany. Besides the German university the consortium covers the University of Bologna, Jagiellonian University in Cracow/Poland, Universitát Autonoma de Barcelona/Spain and Keele University/U.K. This research conducted within the framework of GAP grant project was the first of this scale and nature in Poland. Research in this area should continue in the form of cyclical polling research in universities/institutions of higher education that are participating in the project. It is also recommended to further expand the existing questionnaire for its application in other institutions 57 of higher education. Conducting research in a few countries at the same time allows deepening of the analysis. Due to the introduction of criminalization of stalking in 2011, it would be most desirable to conduct European comparative research both in the area of legal regulations as well in the practical application of the law. Such research – in addition to an unquestionable knowledge-building value – would provide a unique opportunity to analyze innovation through law, especially since – as suggest the results of the GAP project – European countries differ in their recognition of stalking as a crime. Details: Bochum, Germany: Ruhr-University Bochum, 2012. 59p. Source: EU-Project 2009-2011: Internet Resource: Accessed March 18, 2012 at http://vmrz0183.vm.ruhr-uni-bochum.de/gendercrime/pdf/gendercrime_country_report_poland_english.pdf Year: 2012 Country: Poland Keywords: Colleges and Universities Shelf Number: 124575 |
Author: Nobody's Children Foundation 2009 - 2010 Title: "Sexual violence against children": Study of the phenomenon and dimensions of the violence against children raised in the residential institutions Summary: The project “Sexual Abuse of Children in Residential Institutions“ is aimed at examining the extent and scope of child sexual abuse in residential institutions in five European Union member states. The ultimate objective of the project is to promote the making of both national and European policies that prevent sexual abuse of institutionalized children. The use of uni-form research methodology will allow for the comparison of research results in different countries and sharing the experiences of good practices. The project was carried out in Bulgaria, Greece, Latvia, Lithuania and Poland. The characteristics of children who grow up in residential institutions (parental alcohol abuse, family pathology, child neglect, etc.) provide grounds for the hypothesis that the experience of sexual contact with adults may be more common in the population of institutionalized chil-dren than in the general child population. Emotional neglect by the loved ones may motivate these children to seek emotional bonds with other grown-ups. Such children are especially likely to fall victim to paedophilia. Moreover, when the child is neglected and there are no close relationships between the child and his/her family, it becomes significantly less likely for the child to disclose the abuse and for the family members to notice symptoms of abuse in the child. Additionally, the very fact of growing up in an institution may increase the risk of sexual abuse. Many such institutions have a “second life”, focusing on the development and maintenance of a hierarchy of status and power among the residing children. Forced sex (when older and stronger residents force younger children to sexual activity), rape, etc. may serve as instruments of this “second life”. The problem of victimization of children living in residential care in Poland, including sexual abuse, was examined in 2005, when the Nobody’s Children Foundation conducted a survey (within its research programme) of 495 children selected from a representative na-tional sample of residential care institutions. Institutional staff were also included in the study. The 2009 study presented in this report helped to determine the scale (or prevalence) of such traumatic experiences among children living in residential institutions in Warsaw, and the scope of help available to them in such cases. The study used the methodology of the 2005 survey, making it possible to relate the findings about the Warsaw subjects to the national data. Details: Warsaw: Nobody's Children Foundation, 2010. 70p. Source: Internet REsource: Accessed August 30, 2012 at http://www.sapibg.org/attachments/article/1253/Poland%20%28EN%29.pdf Year: 2010 Country: Poland Keywords: Child Sexual Abuse Shelf Number: 126176 |
Author: Council of Europe. Group of Experts on Action against Trafficking in Human Beings (GRETA) Title: Report concerning the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by Poland. First evaluation round Summary: The Polish authorities have taken a number of important steps to prevent and combat trafficking in human beings, but several important challenges remain, according to a report published today by the Council of Europe’s expert group on human trafficking, GRETA. The report notes that the criminalisation of trafficking in human beings in Poland took effect only in September 2010. There is still a significant gap between the number of identified victims of trafficking and the number of successful prosecutions and convictions. Despite efforts to provide training to relevant professionals, GRETA considers that there is a need to improve the knowledge and sensitivity of judges, prosecutors, investigators and other professionals about human trafficking and the rights of victims. GRETA’s report highlights are positive features the transparent approach to the planning and financing of anti-trafficking activities and the setting up of specialised structures. It also underlines the multi-disciplinary approach to victim identification in Poland and the issuing of special instructions to the Police and Border Guard on the identification of human trafficking victims. However, further steps are necessary to ensure that all victims of trafficking are properly identified. In particular, the report notes that more attention should be paid to the identification of cases of trafficking for labour exploitation, which has been on the rise in Poland. In addition, the report calls upon the authorities to introduce a nation-wide procedure for the identification of child victims of trafficking and to improve the provision of assistance tailored to their needs. GRETA also urges the Polish authorities to facilitate and guarantee access to compensation for victims of trafficking. Despite the existence of legal possibilities, very few - if any - victims of trafficking have received compensation. The report is the first assessment by GRETA of the extent to which Poland implements the Council of Europe’s 2005 anti-trafficking convention. The convention came into force in respect of Poland in March 2009. Details: Strasbourg: Council of Europe, 2013. 66p. Source: Internet Resource: GRETA(2013)6: Accessed May 21, 2013 at: http://www.coe.int/t/dghl/monitoring/trafficking/Docs/Reports/GRETA_2013_6_FGR_POL_with_cmnts_en.pdf Year: 2013 Country: Poland Keywords: Border Security Shelf Number: 128765 |
Author: Sieniawska, Agnieszka Title: Report of the Ombudsman for Drug Dependent People 2012/2013 - Poland's drug law Summary: This is the second edition of the report of the office of the Ombudsman for Drug Dependent People. Specific criminal cases clearly demonstrated the gap between the objectives of the Act on Counteracting Drug Addiction, and the practice of its enforcement. Analysis of the cases included in this report shows that despite the announced changes, law enforcement continues to produce criminals prosecuting recreational users and drug dependent people instead of effectively eliminate drug dealers. It is difficult to resist the temptation to abuse laws that criminalize the possession of minor amounts of drugs. Poland's drug law makes it easy, simple, almost effortless to obtain excellent statistical results. This applies to police, prosecutors and the judiciary. The report clearly shows that despite the announced changes, the courts still deal with the cases of possession of small amounts of marijuana. People get labels of criminals, obtain criminal records, the prison become overcrowded. Details: Warsaw, Poland: Ombudsman for Drug Dependent People, 2013. 14p. Source: Internet Resource: Accessed May 29, 2014 at http://politykanarkotykowa.pl/sites/default/files/report_rpou_en.pdf Year: 2013 Country: Poland Keywords: Drug Abuse and Addiction (Poland) Shelf Number: 132400 |
Author: Kloc, Zuzanna Title: Prostitution-Related Crimes and Child Trafficking in Poland: Report from a case-file study Summary: This report presents conclusions from research on prostitution-related crimes and the crime of trafficking in children for commercial sexual exploitation. English translation is the summary of the full version of the report available in Polish. Child trafficking and exploiting children in prostitution are forms of enslavement and abuse that reduce children to the role of sexual objects having specific commercial value. Official statistics reflect only the cases that have been reported or detected. One of the causes of low detectability of such offences is the fact that commercial sexual exploitation of children is a domain of organized criminal groups that use various coercive measures against their victims. Children are intimidated and they fear ostracism and rejection, both by their family and friends and by the society, because they often have a feeling that they have somehow contributed to their exploitation. Variability of methods used to recruit potential victims makes it difficult to estimate the scale of the problem and to describe the characteristics of victims and perpetrators. The case-file study presented in this report was meant to fill the gaps in our knowledge about exploiting children in prostitution, gaps that have to be filled if we are to develop effective preventive and rehabilitation programmes for victims. The future of a child or young person exploited in prostitution depends significantly on the response of the criminal justice authorities, including the correct legal classification of the acts committed by the perpetrators. The research was also meant to determine whether criminal acts that meet the statutory criteria of human trafficking - as defined in the Polish criminal law and international legislation - are classified as such in the judicial practice. Details: Warsaw: Nobody's Children Foundation, 2012. 26p. Source: Internet Resource: http://www.canee.net/files/Prostitution%20related%20crimes&child_trafficking_NCF-1.pdf Year: 2012 Country: Poland Keywords: Child Prostitution Shelf Number: 125776 |
Author: Wlodarczyk, Joanna Title: National Survey of Child and Youth Victimization in Poland. Research Report. Summary: 1. Key findings - 71% of teenagers (11 to 17-year-olds) have experienced at least one form of victimization. - More than half of the respondents have experienced peer and sibling victimization, which is the most common category of victimization. The most frequent forms of peer and sibling victimization are peer or sibling assault (41%) and emotional bullying (28%). - More than one in three (34%) teenagers has been abused by known adults. Every fifth young person has experienced psychological abuse by adults (22%), and nearly the same proportion have been physically abused (21%). - 27% of teenagers have fallen victim to conventional crime. The largest proportion of young people have experienced vandalism (21%), while robbery and assault with a weapon have been much less common (8% and 5%, respectively). - 18% of the respondents have witnessed violence at home. - 9% have experienced at least one form of noncontact sexual victimization in most cases these were the less severe forms of sexual abuse: verbal sexual harassment (5,3%) and online grooming (5,1%); 6% of teenagers have fallen victim to at least one form of contact sexual victimization. - 6% of children have experienced neglect. - One in ten teenagers is a poly-victim which means that he or she has experienced 6 or more forms of victimization. Details: Warsaw: Fundacja Dzieci Niczyje (Nobody's Children Foundation), 2013. 23p. Source: Internet Resource: Accessed March 20, 2015 at: http://www.canee.net/files/National_Survey_of_Child_and_Youth_Victimization_in_Poland_2013.pdf Year: 2013 Country: Poland Keywords: Child Abuse and Neglect (Poland) Shelf Number: 134996 |
Author: Nobody's Children Foundation Title: Situation Analysis of Children on the Move in Poland: Regarding International and National Migrant Children in Foster Care Summary: This research was conducted as part of the Mario Project: Joint action to protect Central and South Eastern European migrant children from abuse, exploitation and trafficking in Europe. The main goal of this research was to assess the situation of children on the move within the context of the child protection system in Poland. Poland still does not have a specific child protection unit. However there are several types of social services institutions, procedures and practices among whose responsibilities also include the protection of children in different situations. Due to the aforementioned we have decided to focus on children in the foster care system, which is an established or at least stable system of support. Details: Warsaw: Nobody's Children Foundation, 2014. 40p. Source: Internet Resource: Accessed March 25, 2015 at: http://www.canee.net/files/children-on-the-move%20in%20Poland_english.pdf Year: 2014 Country: Poland Keywords: Child Abuse and Neglect Shelf Number: 135004 |
Author: Paquel, Kamila Title: Wildlife Crime in Poland. An In-depth Analysis for the ENVI Committee Summary: Wildlife crime is not a priority for Polish authorities involved in environmental and criminal legislation and enforcement. Despite a decreasing number of seizures of illegally handled CITES species that is ascribed to trainings provided to CITES enforcement bodies and an increased awareness of wildlife crime among the Polish society, there is no evidence that the scale of wildlife crime in Poland has been reduced. Recent findings by regional NGOs indicate that Poland is a leading country in terms of the volume of illegal on-line trade in protected fauna and flora in the Central and Eastern part of the EU. There is, however, very little information in this regard collected by the public enforcement authorities involved in wildlife protection. In terms of illegal imports and (re)exports of wildlife, Poland is mainly a destination country, but it is also a territory of transit and, to some extent, of origin. The actual scale of wildlife traffic is not certain. However, it is estimated that the Customs Service only discloses some 10-15 % of illegal traffic of protected species. Illegal markets of traditional Asian medicine, avifauna (including birds of prey), exotic wood, and wildlife suitable for aquaria and terraria are growing. In this context, wildlife crime can be considered a significant problem in Poland, and its scale is believed to grow proportionately to the increase in economic welfare of the Polish society and the demand by Asian minorities in Poland. Limited capacities of enforcement authorities, a lack of a holistic vision, and inadequate legislation further aggravate the problem. Apart from CITES-related offences, the number of illegal poaching instances reported in Poland every year is significant and increasing. While national legislation implementing EU law relevant to wildlife protection is in place, Poland is struggling to ensure adequate human resources in terms of volume and skills to counteract wildlife crime effectively. This may partly explain why wildlife crime is not among the major issues law enforcement entities are dealing with in Poland. Due to limited resources, these bodies do not have the capacity to follow all threads linked to wildlife crime and effectively counteract it. Moreover, some technical barriers are reported to hinder CITES enforcement. For example, enforcement officers in Poland often have difficulties with establishing the legal origin of captive-bred specimens originating from breeding operations across the EU. The difficulty is considered to stem, among others, from non-harmonised formats of documentation used as a proof of legality of the species' origin. In terms of judicial action, in the majority of CITES-related cases, Polish courts close the cases in an early phase or impose low penalties unlikely to deter commercial perpetrators. This is likely to stem from an overly rigid system of sanctions for CITES infringements embedded in the Polish Penal Code, which categorizes any breach in this respect as a crime and thus creates a risk of congestion of criminal cases in the already saturated Polish courts. According to stakeholders CITES implementation in Poland would be better if the law was more reflective of the wildlife crime specificity and trainings were provided to the judiciary sector. In what can still be largely considered a learning process, Poland's efforts against wildlife crime are based on education and public outreach. A number of dedicated trainings have been provided to public enforcement bodies dealing with wildlife protection. To tackle the demand side, awareness-raising is promoted in seminars organised in schools at different levels, as well as by glass displays in airports, border posts and other public places. In both, training and education, the role of conservationist NGOs (namely WWF Poland and PTOP 'Salamandra') has been prominent, often compensating for the constrained capacity of the public authorities in the area of wildlife crime prevention and control. Details: Brussels: European Parliament, 2016 29p. Source: Internet Resource: Accessed April 22, 2016 at: http://www.europarl.europa.eu/RegData/etudes/IDAN/2016/578960/IPOL_IDA%282016%29578960_EN.pdf Year: 2016 Country: Poland Keywords: Animal Poaching Shelf Number: 138726 |
Author: Jeffray, Calum Title: On Tap Europe: Organised Crime and Illicit Trade in Poland: Country Report Summary: Despite the decrease in violent crime statistics, the annual reports of the national police authority suggest that organised crime in Poland is on the rise. One explanation is that, over the last decade, there has been a shift in organised criminal behaviour away from violent crimes, such as gun crime and robberies, towards economic crime, including illicit trade. As a general observation, the illicit tobacco trade was found to be the more significant issue in Poland compared to illicit alcohol or pharmaceuticals. However, given the dearth of information on the illicit alcohol market, and still less on the illicit pharmaceuticals market, it is difficult to establish whether these are relatively limited issues in Poland, or whether they have just received insufficient attention to date. From operations conducted by law enforcement agencies, it is clear that the majority of illicit trade in Poland is controlled by OCGs, which appear to be less reliant on traditional hierarchical structures, and have moved to a much more flexible system that reflects legitimate business service models. Membership is often transitory and given the opportunities to make significant profits there is more incentive for these groups to co-operate rather than compete, including transnationally. This paper identifies five specific drivers of illicit trade conducive to the involvement of organised crime groups in Poland: the significant price differentials with neighbouring countries; a social acceptance of illicit goods and the perception among the public that illicit trade is not a serious criminal issue; the accessibility of illicit goods, particularly in street markets; relatively lenient sanctions available to penalise illicit trade activity; and legislative weaknesses and legal loopholes at both the national and European level. Details: London: Royal United Services Institute for Defence and Security Studies, 2016. 51p. Source: Internet Resource: Occasional Paper; On Tap Europe Series No.1: Accessed September 2, 2016 at: https://rusi.org/sites/default/files/201608_op_on_tap_europe_poland.pdf Year: 2016 Country: Poland Keywords: Illegal Tobacco Shelf Number: 140121 |
Author: Wasik, Mateusz Title: Hate Crime in Poland 2012-2016 Summary: This report has been prepared for the 3rd cycle of the Universal Periodic Review and covers the issue of protection from hate crimes (racist, xenophobic, homophobic and disablist violence) and hate speech in Poland in the years 2012- 2016. Authors refer to the recommendations accepted by Poland in the 2nd cycle of the Universal Periodic Review which have not been implemented yet. Main reasons for lack of their implementation are also presented. The report raises key issues and provides indications of some areas of concern. Specifically the report highlights: gaps in the protection of LGBT people and people with disabilities due to a lack of gender identity, disability and sexual orientation in the list of protected grounds in the hate crime provisions of the Polish Criminal Code; gaps in protection of refugees and people perceived to be refugees due to narrow understanding of the protected grounds related to race, national and ethnic origin and religion; under-reporting and under-recording of hate crimes due to low confidence in Police, low capacity of Police officers to recognize hate crimes and lack of coordination between different authorities responsible for collecting data on cases that are Policed, prosecuted and sentenced; gaps in victim rights and victim support system as there is no developed specific, publicly-funded support addressed to victims of hate crimes; lack of effective bodies which would provide forum for regular discussion and exchange of information between all stakeholders involved in countering hate crimes, i.e. authorities, Police, prosecution services, and victim support service providers. 2. To further improve the work on countering hate crime in Poland and ensure compliance of the Polish Criminal Code, other laws and relevant policies with international human rights standards and good practices, the authors make the following key recommendations to the Polish government: a. add sex, gender identity, disability and sexual orientation to the list of protected grounds in hate crime and hate speech provisions in the Criminal Code; b. amend the Criminal Code to ensure that all types of offences committed with a bias motive are investigated ex officio and attract higher penalties than crimes committed without such a motive; c. conduct awareness-raising campaign about hate crimes, particularly those based on sexual orientation, gender identity and disability; d. set up publicly funded third-party and online hate crime reporting facilities; e. introduce a system in the National Prosecutor’s Office and the Ministry of Justice where hate crime data are captured based on motivation and not legal qualification; f.conduct regular hate crime victimization surveys; g. provide a regular, well-grounded and funded consultation forum on hate crime with participation of government officials, Police, prosecutors, judges and NGOs h. ensure sufficient grounding, funding and staffing for the unit within the Ministry of Interior and Administration responsible for hate crime policy and data collection, as well as the Commissioner for Human Rights. Details: Warsaw: Lambda Warsaw, 2016. 38p. Source: Internet Resource: Accessed December 2, 2016 at: https://drive.google.com/file/d/0B-M0IV58Ues6OTBxN0R3am5WTmc/view Year: 2016 Country: Poland Keywords: Bias-Related Crime Shelf Number: 146789 |
Author: Lasocik, Zbigniew Title: Study on Reduction Measures to Combat Trafficking in Human Beings for the Purpose of Labour Exploitation through Engagement of the Private Sector Summary: The starting point of this study is that human trafficking is both a serious crime and a heinous human rights violation. For many years it was equated with forced prostitution. This inevitably led to the belief that the responsibility for combating trafficking rested within the state, supported by NGOs for prevention and primarily support for victims. However, it soon became clear that the range of abuse victims suffered was broader to include other forms of forced labour, and that this problem could not be effectively eliminated without the participation of the private sector, which on the one hand, can benefit from the labour of trafficked people, and, on the other, is an important actor of the socioeconomic life of all countries. The second important change that has taken place in the efforts to combat trafficking in human beings is a growing emphasis on measures concerning demand, instead of the long-term focus on the 'supply' of victims. Increasingly, the question is not why certain people became victims of trafficking, but how to structure the economic system so that it allows no space for forced labour. This in turn fundamentally changed expectations from the state as a watchdog of economic relations which fulfills its role essentially by passing sound legislation. Expectations from civil society have also changed, from being limited to providing assistance to victims, to leading the public debate on corporate social responsibility, including in the area of the respect of human rights and eliminating forced labour. The Council of Europe and the European Union have addressed the question of trafficking in human beings trough several actions. The EU Strategy towards the Eradication of Trafficking in Human Beings 2012-20161 includes the reduction of demand for all forms of human trafficking among the priority actions. Recommended areas of action include public awareness campaigns targeting consumers and users of services, building a culture of corporate social responsibility, fostering codes of conduct, promotion of human rights, and developing initiatives aimed at eliminating human trafficking from the supply chains of businesses. . The Council of Europe supports governments in the implementation of the Convention on Action against Trafficking in Human Beings and the recommendations emerging from its monitoring process. The UN is also becoming active in this field. Very recently, on the occasion of the International Day for the Abolition of Slavery, the United Nations Special Rapporteur on contemporary forms of slavery, including its causes and consequences, Ms Urmil Bhoola, stated that "modern slavery may be hidden in supply chains, but it can be rooted out". Ms Bhoola urged the international community to utilise social dialogue and create multi-stakeholder platforms as part of increased efforts to end these human rights violations. In Poland, the above-mentioned actions targeting demand have taken place but the degree to which they have progressed is relatively low. The level of awareness regading “social dialogue and multi-stakeholder platforms” to combat human rights violations is even lower. Organised (systemic) combating of trafficking in human beings has been ongoing in Poland for two decades, however, both the state and NGOs have devoted almost no attention to involving the private sector in eliminating this phenomenon. There are two main reasons for this. Firstly, the traditional legal definitions of human trafficking were formulated in such a way that they emphasised the exploitation of women in prostitution and/or children in the pornography industry. Until recently, anti-trafficking measures were, to a large extent, focussed on women's rights, public discussion on working in sexual services, and on criminal law. This situation changed in 2000, when the UN Palermo Protocol broadened the definition of trafficking in human beings to include all forms of forced labour and slavery-like practices in all sectors of the economy. Forced labour became the focus of public discussion, bringing in the labour market and labour law, as well as stakeholders connected to the labour market, i.e. trade unions and employers' associations. This trend of interest has been confirmed in the provisions of Directive 2011/36/EU. Nevertheless, in Poland, the "legacy" of considering human trafficking as a phenomenon associated with the sex industry is still strongly present in the collective consciousness, although police data shows that there are more investigations conducted in connection with allegations of forced labour than there are in relation to 'typical' human trafficking cases. For many people, including experts, human trafficking is a matter related to the criminal justice system, while the importance of issues such as workers' rights, control of the supply chain and exploitation is minimal. Meanwhile, in practice, trafficking for forced labour purposes is one of the most serious challenges faced by all EU Member States. Victims include third-country nationals and EU citizens, blue-collar and highly educated employees, men, women and children. Forms of enslavement are much more sophisticated than the mere confiscation of a passport or a threat. In order to force victims to work, perpetrators use deception, fraud, manipulation, as well as mental and physical coercion. In this report, I attempt to identify several issues related to the broad problem of addressing demand, taking into account, however, that this work is a preliminary exploration. In order for this work to be comprehensive, time and a substantive team of experts are required. The level and scale of the project are confirmed by the fact that the preparation of a detailed analysis of Polish legislation is one of the main tasks stipulated in the National Action Plan in the area of business and human rights. However, at present it is not clear if such an action plan will be created. Details: Strasbourg: Council of Europe, 2016. 42p. Source: Internet Resource: Accessed March 29, 2017 at: https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=09000016806b61f0 Year: 2016 Country: Poland Keywords: Child Sexual Exploitation Shelf Number: 144623 |
Author: Helsinki Foundation for Human Rights Title: Pre-Trial Detention in Poland Summary: 1. As of 31 October 2015, 4,356 people remain in prisons as pre-trial detainees in Poland. At the same time, the overall prison population in the country amounts to 72 195. This means that pre-trial detainees constitute 6.0 per cent of all detainees. Even though this percentage seems low and the number of motions for pre-trial detention decreased by almost 30% between 2009- 2014, the research revealed that Poland still faces serious challenges with respect to pre-trial detention. 2. As part of an EU funded project, a common research methodology was applied in 10 EU Member States, with research data gathered through the monitoring of PTD hearings, analysing case files, as well as surveying defence lawyers and interviewing judges and prosecutors. In the course of the Polish research, 4 PTD hearings were observed, 70 case-files analysed, 24 defence lawyers surveyed, and 9 judges and 7 prosecutors interviewed. 3. On 1 July 2015, a fundamental reform of the Code of Criminal Procedure and important changes to the Criminal Code entered into force. The reform introduced an adversarial model of proceedings, which places more emphasis on the activity of prosecutors and lawyers, and leaves the judge as an impartial arbitrator. It is important to view the results of the research in the light of these recent legislative changes, which address several of the identified limitations to the fairness of the proceedings. The key findings regarding the pre-trial detention decision-making in Poland were as follows: 4. Decision-making procedure: According to the law, before applying a preventive measure the court or the prosecutor shall hear the defendant. This means that the defendant has to be present at the first pre-trial detention hearing. This obligation does not, however, extend to other pre-trial detention hearings, which is why the equality of arms may not be secured throughout the whole pre-trial detention proceedings. The research showed that the defendant, if not in hiding or otherwise unavailable to the justice system, is present at the first pre-trial detention hearing. The defendant is not always present at other pre-trial detention hearings, especially if he has been appointed a lawyer. Equally, defendants who do attend hearings are often not represented by a lawyer. Additionally, the defence's preparation of the hearing is sometimes limited by insufficient access to the case files. It should, however, be noted that the regulation on access to case files has recently been changed as a result of legislative changes in the European Union and the case-law of the European Court of Human Rights and the Polish Constitutional Tribunal, The access has been widened for the defendant. Still, the majority of lawyers surveyed explained that they have 30 minutes or less to prepare for the hearing, with access to the case file. 5. The substance of decisions: Case file research revealed that the risk of the suspect perverting the course of justice, the risk of the suspect absconding and the fact that a severe penalty may be imposed on the suspect are the most commonly used justifications for ordering pre-trial detention. The reasoning given is often formulaic and not tailored to the specific case, repeating the arguments raised by the prosecution. This can be partly explained with the swiftness of the proceedings which limits the time for judges to read the case file and forces them to rely on the evidence provided by the prosecution. However, the provisions of the Code of Criminal Procedure were changed in relation to the content of justifications of pre-trial detention orders. The amendments may contribute to a more careful and diligent judicial consideration of matters that involve pre-trial detention, as judges will be obliged to refer in their justifications directly to the circumstances listed in the new provision. We hope that the explicit designation of the assumed line of reasoning which should accompany judicial resolution of pre-trial detention matters will persuade courts to examine more thoroughly whether a need to apply pre-trial detention actually exists. 6. Use of alternatives to detention: The conducted research and official statistics show that police supervision and money bail are the most commonly used non-custodial, preventive measures. At the same time, the interviewed judges and prosecutors do not perceive noncustodial preventive measures as effective and trustworthy alternatives to pre-trial detention. What is more, case file research and surveys conducted among defence practitioners show that judicial consideration of alternatives to detention is limited to a single-sentence argument that such alternatives would not protect the integrity of the proceedings. 7. Review of pre-trial detention: The success rate of complaints against pre-trial detention orders of regional courts was about 3% in 2014. Defence practitioners surveyed complained of the automatism and superficiality of judicial decisions which lack proper justifications based on the facts of the case and substantiated presumptions, even in cases being reviewed and appealed against. The case files research confirmed the notion that courts of higher instance rarely change the decisions of lower level courts. The decisions of higher level courts often repeat previous decisions. Defence practitioners also commented in the survey that reviews are not frequent enough to take account of changed circumstances of the case or other factors. Preparation of review is often also challenged by the defence's insufficient access to the case file. The majority of lawyers surveyed believe that the proceedings and investigations are not conducted more diligently and effectively because a pre-trial detainee is involved. 8. Recommendations The conclusions of the research indicate that the practice of pre-trial detention decision-making in Poland falls short of the European Court of Human Rights standards in a number of areas. In light of these findings, the main recommendations are the following: a. The legislator should consider clarifying the prerequisites for pre-trial detention contained in the Code of Criminal Procedure. b. The legislator should introduce a maximum duration of pre-trial detention. Optionally, the authority to extend the duration of pre-trial detention beyond the limit in exceptional circumstances should be vested in the Supreme Court. c. The legislator should introduce the rule that cases of persons in pre-trial detention should take precedence over other cases on a judge's docket. d. The legislator should introduce a provision on the defendant's obligatory presence at all pre-trial detention hearings. e. The legislator should introduce obligatory legal representation in cases where a prosecutor requests pre-trial detention or alternatives to detention. f. The amounts awarded as compensation in cases of unlawful pre-trial detention should be increased. g. The legislator should consider introducing new preventive measures (home detention and electronic monitoring) into the Code of Criminal Procedure. h. The Institute of Justice could undertake further research on non-custodial preventive measures, including their perception among the representatives of the justice system. i. The Ministry of Justice, the National School of Judiciary and Public Prosecution and the Prosecutor General should conduct more training on pre-trial detention standards. j. The authorities should ensure effective implementation of the Code of Criminal Procedure in relation to access to case files and guidance on pre-trial decision-making. k. The authorities should also ensure proper implementation of the case-law of the European Court of Human Rights. Details: Warsaw: Helsinki Foundation for Human Rights, 2015. 86p. Source: Internet Resource: Accessed April 10, 2017 at: http://www.hfhr.pl/wp-content/uploads/2016/02/HFHR_PTD_2015_EN.pdf Year: 2015 Country: Poland Keywords: Criminal Defendants Shelf Number: 144772 |
Author: Godzisz, Piotr Title: Forgotten Friends: ODIHR and Civil Society in the Struggle to Counter Hate Crime in Poland Summary: The report provides an overview and comparison of key developments in two areas of hate crime policy in Poland: data collection and criminal law. By doing so, it seeks to shed light on the role of international organizations in developing national hate crime measures. It is the first report of its kind with a particular focus on the role of the OSCE Office for Democratic Institutions and Human Rights (ODIHR) - the most specialized of all international institutions dealing with hate crime. The purpose of this report is to develop concrete policy recommendations, based on an analysis of ongoing efforts, to key stakeholders involved in the work on advancing the response to hate crime in Poland. Key findings include: - International organizations, through periodic reviews and other mechanisms, have a significant influence on Poland's response to hate crimes. - This influence is visible in the area of hate crime data collection. While a number of actors have been active in this domain, creating an effect of synergy, the influence of supranational bodies seems instrumental. - Despite on-going debates, the legal framework on hate crimes has not changed. - The lack of progress in this area can be linked with the fact that the bulk of the efforts was on the shoulders of civil society organizations, which lack the leverage that supranational bodies have. - Cooperation between Polish civil society organizations and supranational bodies, aimed at amplifying civil society demands with regard to hate crime, seems to be an effective strategy. - ODIHR had an instrumental role in improving Poland's data collection mechanisms, but was absent from the debate on the amendment of the Criminal Code. Civil society organizations were not aware of ODIHR's mandate in this area and the possible role it could play. The report suggests that through active cooperation with civil society, not limited to hate crime reporting only, ODIHR may be able to identify possible new ways to support the state in countering hate crime. For the moment, civil society organizations in Poland and ODIHR, while cooperating in some areas, "forget" about each other in other areas. For ODIHR, strengthening the cooperation may open channels of communication with political decision makers who are not aware of ODIHR's mandate, for example in the area of legislative support. For civil society, this could mean receiving tangible support in the area where support is most needed. Details: Unpublished paper, 2015. 44p. Source: Internet Resource: Accessed February 6, 2018 at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2704306 Year: 2015 Country: Poland Keywords: Bias-Motivated Crime Shelf Number: 149002 |
Author: Matczak, Anna Title: Understandings of punishment and justice in the narratives of lay Polish people Summary: This research brings to light the Polish context of a post-socialist, post-transformation society of peasant roots and high religiosity which greatly contributes to the comparative criminological scholarship. The purpose of this doctoral research is to explore how a small number of Polish people understand punishment and justice, and how their narratives inform the viability of restorative approaches to justice. In so doing, this research recognises the value of lay opinion in the discussion of punishment and justice, and approaches punishment and justice as social activities, which echoes the argument that stories about crime and punishment are entangled with people's daily routines, and as a result are lodged in their cultural imagination (see Garland & Sparks, 2000). The socialist past, hasty transition from socialism to democracy and from a centrally-planned to free market economy has influenced participants' perceptions of the justice administration and the institutions involved in these processes. Lay Polish people shall be seen as Homo post-Sovieticus, whose perceptions of punishment and justice need to be analysed along with the legacy of the previous socialist system as well as post-1989 changes. Participants' perceptions of the Polish criminal justice system, the Polish police and unpaid work assist to understand a number of factors that might influence the development of restorative justice in the Polish context. The findings of this study also encourage broadening the scope of the restorative justice discussion and examining its preconditions against wider sociological and criminological discourses on punishment and justice. Although the relationship might be defined as 'uneasy', restorative justice, since its conception, is interwoven with the two. One of restorative justice's central hopes was to establish an alternative system of crime resolution that would eliminate the infliction of pain. However, the trajectory of restorative practices and demonstrates that the functioning of a majority of them is dependent on the criminal justice agencies and that there is a need to address better the notion of punishment in restorative encounters. Details: London: London School of Economics and Political Science, 2017. 318p. Source: Internet Resource: Dissertation: Accessed June 21, 2018 at: http://etheses.lse.ac.uk/3668/1/Matczak__understandings-of-punishment.pdf Year: 2017 Country: Poland Keywords: Criminal Justice System Shelf Number: 150621 |
Author: Wlodarczyk, Joanna Title: Commercial Sexual Exploitation of children and Youth: Problem Approach Summary: The report presents results of the Nobody's Children Foundation research project on commercial sexual exploitation of children and youth. The research was conducted in Poland and Ukraine in the period from May till August 2011, in the framework of information and education campaign on commercial sexual exploitation of children and youth (including prostitution and child trafficking). Commercial sexual exploitation of children (CSEC) is defined as well as child prostitution or prostitution of children, The campaign is organized on the occasion of the European Football Championship (Poland, Ukraine 2012). The main aim of the campaign is protecting children and youth from risky behaviours and reducing crime rate by enhancing social awareness. Details: Warsaw: Nobody's Children Foundation, 2011. 26p. Source: Internet Resource: Accessed September 18, 2018 at: https://fdds.pl/wp-content/uploads/2016/06/Raport_EN.pdf Year: 2011 Country: Poland Keywords: Child Prostitution Shelf Number: 132606 |
Author: Polish Customs Service Title: Combating Cigarette Smuggling Summary: Combating illicit trade and illicit production of cigarettes belong to the priority action of the Customs Service. This activity is in accordance with the EU policy, which in recent years has been special focus on combating and preventing from putting on the EU member states market the cigarettes from illicit sources. Since 2006, taking into account the means and resources possessed, the priorities in fighting crime area have been determined in the Customs Service. The activities are concentrated on combating organized crime, particularly in the field of illegal trade in excise goods and drugs. Since 2008, while there is an increase in the isolated seizures of goods, slowing down tendency of seizures amounts has been remarkably. It is a consequence of the Customs Service focus more on combating organized crime than on the control of small retail business and petty smuggling. Number of disclosures in the Customs Service between 2007-2009 accounts for 92% of all disclosures. Customs Service between 2007-2009 disclosed almost 77% of total number of cigarettes disclosed. According to the OLAF (European Anti-fraud Office) report and the WCO annual report, the Polish Customs Service is one of the most efficient among customs administration in terms of combating smuggling and illegal trade in tobacco products. Among the customs administration of EU countries the Polish Customs Service is on the second position, just after the British Customs and before the German and French one. Details: Warsaw, Poland: 2009. 18p. Source: Internet Resource: Accessed January 14, 2019 at: http://mf-arch.mf.gov.pl/documents/764034/1395261/Wiadomosci+Celne+Nr+9_2009 Year: 2009 Country: Poland Keywords: Cigarette Shelf Number: 154195 |