Poland: Extent of organized crime and activities of organized crime groups; extent of Russian organized crime in Poland; measures taken by the state to combat organized crime (January 2005 - November 2007)

Extent of organized crime in Poland

An article published by the Warsaw-based Polish News Bulletin (PNB) indicates that according to a 2005 study conducted by New York-based accounting firm Deloitte Touche Tohmatsu (Yahoo Finance n.d.), the main problems facing the Polish business community are "[c]orruption, theft and organized crime" (PNB 21 Apr. 2005). Most respondents in the study considered Polish law ineffective in protecting their business interests against such crimes (ibid.). The Economist Intelligence Unit (EIU) states that "[o]rganized crime is active, but foreign enterprises are not targeted and the risk of kidnapping and extortion is low" (2 Apr. 2007).

The Polish government believes that organized criminal groups are responsible for the operation of human trafficking networks which use Poland as a source, transit and destination country (US 6 Mar. 2007, Sec. 5). Information on the extent of human trafficking in Poland, as well as the government's efforts to combat it, can be found in the 2007 Trafficking in Persons Report published by the United States Department of State (US 12 June 2007).

State efforts to combat organized crime

In November 2001, Poland ratified the United Nations Convention against Transnational Organized Crime (TI 2006).

Poland's Organized Crime Department is located in the State Prosecutor's Office, according to the Warsaw-based Polish News Bulletin (PNB) (26 Sept. 2007).

PNB reported in March 2007 on an amendment bill that the Ministry of Interior and Administration was considering to widen the authority of law enforcement agencies in their investigation of criminal cases (14 Mar. 2007). The new law would permit police to use "wiretaps and informants as evidence in criminal cases" (PNB 14 Mar. 2007), although further information indicating whether this bill was approved could not be found among the sources consulted by the Research Directorate.

In August 2007, Minister of Justice Zbigniew Ziobro announced that his office was proposing to modify existing laws regarding the seizure of assets from organized crime groups (AFP 17 Aug. 2007). According to Ziobro, the new laws would allow authorities to confiscate all assets belonging to a criminal organization, and not just those involved in actual crimes (ibid.). Under the proposed legislation, authorities would also be allowed to confiscate assets transferred to a third party (ibid.). Further or corroborating information on the adoption or implementation of this proposal: however, could not be found among the sources consulted by the Research Directorate.

The British Serious Organised Crime Agency (SOCA) has reportedly opened a branch in Warsaw to fight drug and cigarette smuggling between Poland and the United Kingdom (PAP 6 Apr. 2006).

High-profile arrests linking organized crime and Polish authorities

A number of sources cite incidents which have exposed links between organized crime groups and Polish authorities (PAP 10 June 2005; Rzeczpospolita 12 Oct. 2005; AFP 24 Jan. 2005).

For example, in January 2005, a Polish court sentenced three lawmakers, including Poland's former deputy interior minister Zbigniew Sobotka, to prison terms ranging between 1.5 and 3.5 years for their ties with an organized crime network (ibid.; WMRC 25 Jan. 2005). The three men, who were part of the Democratic Left Alliance (Sojusz Lewicy Demokratycznej, SLD), were convicted of revealing secret information when they warned an organized crime gang, based in the southern industrial city of Starachowice, of an upcoming police raid (ibid.; AFP 24 Jan. 2005). The court stated that they "'acted in the misinformed interest of their party'" and "'put in danger the lives of police officers taking part in the operation'" (ibid.). Further information on the nature or activities of the criminal organization in question could not be found among the sources consulted by the Research Directorate.

Similarly, in June 2005, the Polska Agencja Prasowa (PAP) news agency reported financial ties between the "Pruszkow mafia" based in suburban Warsaw and a group of elite police officers from the Central Bureau of Investigation (Centralne Biuro Sledcze, CBS), who were receiving funds from the gang (10 June 2005). The "Pruszkow mafia" had been active throughout the 1990s but was weakened when one of its members was caught and revealed the identities of his former partners (AFP 3 Apr. 2006). In April 2006, a trial began involving 41 members of the Pruszkow mafia, including three senior leaders – Zygmunt Razniak (a.k.a. Bolo), Janusz Prasol (Parasol) and Andrzej Zielinski (Slowik) – on charges which included arms trafficking, auto theft, drug sales, murder and robbery (ibid.). Information on the outcome of this trial could not be found among the sources consulted by the Research Directorate.

In February 2007, PAP reported that authorities had arrested three officials belonging to Poland's Military Property Agency (Agencja Mienia Wojskowego, AMW) on charges that they had engaged in organized criminal activity (PAP 14 Feb. 2007; PNB 14 Feb. 2007), which involved "masterminding embezzlement of state and military property" (PAP 14 Feb. 2007). The AMW is a government agency which oversees the sale or disposal of military and police property, as well as the supply of new materials to the armed forces (AMW n.d.).

In June 2007, PNB reported that the Military Prosecutor's Office in Poznan had charged 36 persons, most of whom were navy officers, for "thievery, corruption and participation in organised crime," including the theft of warship parts, which were then resold through a company created specifically for these sales (8 June 2007).

Arrests involving other organized crime groups

In November 2005, Warsaw-based Gazeta Wyborcza reported that according to the CBS, the behaviour of certain "hooligan soccer fans" was beginning to resemble organized crime because they dealt drugs and carried out armed robberies in order to fund their activities (2 Nov. 2005). For instance, the CBS arrested four "pseudo soccer fans" in Katowice with large quantities of narcotics (Gazeta Wyborcza 2 Nov. 2005).

There are reports of the Italian mafia's presence in Poland (Rzeczpospolita 6 Sept. 2007; AFP 3 June 2007). On 3 June 2007, police reportedly arrested 23 members of a gang with ties to the Italian mafia in southern Poland, and seized arms and explosives (ibid.). Two days later, Poland and Italy formally pledged to cooperate on matters relating to organized crime (PAP 5 June 2007).

In order to fight organized crime, particularly that which involves trafficking in human beings, Poland has signed a similar agreement with Lithuania, its northeastern neighbour (ELTA 6 June 2007).

Extent of Russian organized crime

Information on the extent of Russian organized crime in Poland was scarce among the sources consulted by the Research Directorate.

In October 2005, Warsaw-based daily Rzeczpospolita reported on allegations that the Military Information Services (Wojskowe Sluzby Informacyjne, WSI) had ties with companies that "[used] falsified documents, sent weapons to countries under embargo and to the Russian Mafia" (12 Oct. 2005). The WSI was the military intelligence and counter-intelligence section of the Polish Armed Forces, and was disbanded in 2006 (ABCnet n.d.). The WSI allegedly ensured the protection of organized crime branches in Wroclaw, Warsaw and Gdansk, and cooperated with the Pruszkow mafia, ensuring their protection instead of pursing them (Rzeczpospolita 6 Sept. 2007). A complete report on the WSI conducted during the course of its liquidation is available in Polish on a government website created for this purpose (Poland n.d.).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.

References

ABCnet. N.d. "WSI Report." [Accessed 2 Nov. 2007]

Agence France-Presse (AFP). 17 August 2007. "Polish Government Prepares Law to Seize Criminals' Full Assets." (Factiva)
_____. 3 June 2007. "23 Polish Gang Members Linked to Italian Mafia Arrested." (Factiva)
_____. 3 April 2006. "Trial Begins of 41 Members of Polish Organized Crime Ring." (Factiva)
_____. 24 January 2005. "Polish Ex-Minister, Lawmakers Sentenced to Jail over Mafia Links." (Factiva)

Agencja Mienia Wojskowego (AMW) [Military Property Agency]. N.d. "Welcome." [Accessed 2 Nov. 2007]

ELTA [Vilnius]. 6 June 2007. "Schengen Lithuania Poland Sukys Kaczmarek." (Factiva)

Economist Intelligence Unit (EIU). 2 April 2007. "Operational Risk: Poland." (Factiva)

Gazeta Wyborcza [Warsaw, in Polish]. 2 November 2005. "Polish Football Hooligans Reported Setting Up Crime Groups." (Factiva/BBC Monitoring European)

Poland. N.d. "Raport o dzialaniachzolniezy i pracownikow WSI." [Accessed 2 Nov. 2007]

Polish News Bulletin (PNB) [Warsaw]. 26 September 2007. "Prosecutor Control." (Factiva/Gazeta Prawna)
_____. 8 June 2007. "Polish Navy Acting Shady." (Factiva)
_____. 14 March 2007. "Organised Crime." (Factiva)
_____. 14 February 2007. "In Brief." (Factiva)
_____. 21 April 2005. "Bribes Remain Most Common Offence in Business." (Factiva)

Polska Agencja Prasowa (PAP) [Warsaw]. 5 June 2007. "Poland, Italy Sign Agreement on Fighting Organized Crime." (Dialog/WNC)
_____. 14 February 2007. "Polish Military Officials Face Corruption Charges." (Factiva/BBC Monitoring European)
_____. 6 April 2006. "Poland: British Crime Fighting Agency Opens Offices in Warsaw." (Factiva/BBC Monitoring European)
_____. 10 June 2005. "Polish Special Police Officers 'On Mafia's Payroll,' Daily Reports." (Factiva/BBC Monitoring European)

Rzeczpospolita [Warsaw]. 6 September 2007. "Polish Counterintelligence Chief Says Military Intelligence Tied to Mafia." (Factiva/BBC Monitoring European)
_____. 12 October 2005. "Polish Coalition Politicians Speak on Reform of Military Special Services." (Factiva/BBC Monitoring European)

Transparency International (TI). 2006. "Poland." Global Corruption Report 2006. [Accessed 2 Nov. 2007]

United States (US). 12 June 2007. "Poland (Tier 1)." 2007 Trafficking in Persons Report. [Accessed 1 Nov. 2007]
_____. 6 March 2007. Department of State. "Poland." Country Reports on Human Rights Practices for 2006. [Accessed 1 Nov. 2007]

World Markets Research Centre (WMRC) Daily Analysis. 25 January 2005. Mandy Kirby. "Former Polish Minister and Deputies Sentenced for Organised Crime Connections." (Factiva)

Additional Sources Consulted

Internet sites, including: Amnesty International (AI), British Broadcasting Corporation (BBC), Central Europe Review, Council of Europe (COE), Courrier international, European Country of Origin Information Network (ecoi.net), European Union (EU), Global Integrity, Helsinki Committee in Poland, Human Rights Watch (HRW), International Helsinki Federation for Human Rights (IHF), Organization for Security and Co-operation in Europe (OSCE), Transitions Online [Prague], United Nations Office on Drugs and Crime (UNODC), United States Embassy in Warsaw, Warsaw Business News, Warsaw Voice.