129 Bilten Slovenske vojske ZAŠČITA PRED TERORIZMOM NA POLJSKEM TERRORISM PREVENTION IN POLAND Waldemar Zubrzycki Strokovni članek Professional article Članek se ukvarja s teroristično dejavnostjo, ki predstavlja grožnjo Republiki Poljski, in z dejavnostmi države, ki naj bi preprečevale takšne grožnje. Avtor pred- stavlja različne ravni aktivnosti Poljske države in naloge posameznih ustanov, vključno s prepoznavanjem in zaščito ter z odzivom po morebitnem napadu. Posebej pomembna je ministrska skupina za teroristične grožnje, ki jo sestavljajo predstavni- ki vseh ustanov, ki se na Poljskem ukvarjajo s terorističnimi grožnjami. Srečujejo se enkrat na mesec, razpravljajo o pomembnih zadevah in sprejemajo hitre odločitve. Gre za zelo učinkovito rešitev. Delovanje stalne skupine strokovnjakov zagotavlja ustrezno pomoč ministrski skupini pri pripravi različnih rešitev. Člani te skupine se srečujejo enkrat na teden. Članek prav tako predstavlja stopnje alarma, ki veljajo na Poljskem, in primere za njihovo sprožitev. Teroristične grožnje, zaščita pred terorizmom, protiterorizem, Poljska. The article is concerned with the matter of terrorist activity that poses threats to the Republic of Poland, as well as the country’s actions toward preventing those threats. The author presents varied levels of Poland’s activity and the tasks of particular in- stitutions, including recognition and prevention as well as reaction after a possible attack. Especially important is the Ministerial Team for Terrorist Threats, which is composed of representatives of all institutions dealing with terrorist threats in Poland. They meet once a month, discuss important issues and make quick decisions. It is a very effective solution. The operation of the Permanent Expert Group provides adequate assistance for the Team in elaborating different solutions. The members of the group meet once a week. The article also presents the alarm degrees valid in Poland and instances of their initiation. Terrorist threats, terrorism prevention, anti-terrorism, Poland. Povzetek Ključne besede Abstract Key words 130 Bilten Slovenske vojske 131 Bilten Slovenske vojske Terrorist threats are currently one of the most significant issues of safety in Europe and the whole world, recognized and treated with proper attention in Poland as well. The danger of terrorist attacks in Poland is in fact low; however, the possibility of such activity within the country cannot be excluded. The pro-western policy of the country, especially the strategic alliance with the United States, as well as European integration (Poland as a border state of the European Union) and Poland’s accession to the Schengen Area fosters the development of terrorism. Due to political support for terrorism prevention, and the physical involvement of the Armed Forces of the Republic of Poland and the Police in peace missions in the areas of armed conflicts, the country is considered a faithful ally of the United States, and Polish soldiers are often threatened with attacks. Although there are no local terrorist groups in Poland, and geographically the in- habitants live at a long distance from the main centres of terrorism, the country is frequently mentioned in Al-Qaeda’s statements as a potential target of a revenge attack on account of the involvement in Iraq. Additional factors that create favourable conditions for terrorist activity within Poland are the effect of the globalization of economic processes. Wide border opening eliminated travel barriers, which has a significant impact on the number of foreigners residing in Poland permanently and temporarily. Citizens of high-risk countries may legalize their stay through e.g. marrying a citizen of Poland, apparent scientific or economic cooperation, obtaining false documents or purchasing proper- ties. These are a few examples of the opportunities to create a logistic background by terrorist organizations in Poland. It is possible that the members of terrorist organizations, as well as inactive members of organized structures are currently residing in Poland. The number of Muslims is significant and radicalization of their attitudes cannot be excluded. The radicalizati- on of attitudes of the Polish who converted to Islam is also possible. Considering the increasing number of emigrants from countries in which wars take place, especially Iraq, Afghanistan or Chechnya, there is a justified suspicion that members of terrorist organizations are among these emigrants. The normalization of relations between Poland and Israel and tightening mutual contacts are further reasons for conducting a terrorist attack in Poland. Threat increase also considers mass sports events, planned in our country. UEFA European Football Championship 2012 and Men’s Volleyball World Championship in 2014 are the main concerns. The publications about prisons in Poland are unfavorable, allegedly terrorist are detained and tortured. Threats toward Poland were made by Arabic terrorists, and propaganda materials were distributed also in Polish language. Waldemar Zubrzycki Terrorist threats 131 Bilten Slovenske vojske Numerous explosions occur every year in Poland; the Police are gathering hundreds of kilos of explosives. The occurrence of terrorist acts with the use of explosive devices is considered a criminal activity or settling accounts between criminals and it is connected with the crime syndicate and not with terrorist groups. The possi- bility of crime syndicate’s involvement in terrorist activity and the connections of members of terrorist organizations with the crime syndicate must be taken seriously. The criminals use methods typical of terrorist activity while struggling amongst themselves for influences or in criminal activity. The two worlds are nowadays approaching each other. 1 TERRORISM PREVENTION IN POLAND Despite the ‘merely’ potential character of terrorist threats in Poland this subject is treated with proper attention; Poland undertakes numerous initiatives regarding the prevention of this phenomenon. In the system of terrorism prevention and elimination valid in Poland, three levels can be distinguished: – Strategic – implemented by the Prime Minister and the Ministerial Group for Terrorist Threats, – Operational – implementing the operational reconnaissance actions conducted by national services. This task is implemented by the Anti-terrorist Center operating within the Internal Security Agency, – Tactical – executed by services and institutions responsible for terrorism preven- tion (inter alia: Internal Security Agency, Intelligence Agency, Police, Border Guard, General Inspector of Financial Information). 1.1 Ministerial Team for Terrorist Threats The Ministerial Team for Terrorist Threats (MTTT) is the most important part of the strategic level of terrorism prevention. The Team is supervised by the Minister of the Interior and Administration1. Besides the Head (Minister of the Interior and Administration), members of the Ministerial Group for Terrorist Threats are: Head’s deputies – Minister of Foreign Affairs, Minister of Finance, Minister of Defense, Minister of Justice and Member of the Council of Ministers – minister in charge of coordinating the activities of secret services. Other members of the Group are: state secretaries or undersecretaries of the Ministry of the Interior and Administration who supervise the operation of go- vernment administration, Board Secretary for Secret Service, Head of Civil Defense, Head of the Internal Security Agency, Head of the Intelligence Agency, Head of the Government Security Bureau, Commander in Chief of Police, Commander in Chief of Police of the National Fire Brigade, Commander in Chief of Police of Border Guard, Head of the Military Intelligence Service, Head of Military Counterintelligence 1 Established by ruling No. 162 of the Prime Minister from 25 October 2006 on the formation of Interministerial Group for Terrorist Threats. TERRORISM PREVENTION IN POLAND 132 Bilten Slovenske vojske 133 Bilten Slovenske vojske Service, Commander in Chief of Police of Military Police, General Inspector of Tax Audit, General Inspector of Financial Information, Commander in Chief of Police of the Border Guard and the Director of the Government Security Center. The tasks of MTTT include: monitoring terrorist threats, evaluating and analyzing these threats and presenting the opinions and conclusions to the Council of Ministers. The MTTT also deals with the elaboration of standard and procedure projects regarding terrorism elimination; especially, the evaluation standards of hazard occurrence and determination of the hazard level. Initiating, coordinating, and mo- nitoring actions undertaken by proper administrative authorities, especially those regarding information use and recognition, prevention and elimination of terrorism, is an important task as well. The Group may also undertake actions to organize cooperation with other countries in the area of terrorism elimination, as well as coordinate information exchange and organization of common operations. An important function in terrorist threat monitoring is performed by The Permanent Expert Group (PEG); the Team serves as essential support for the MTTT.2 Members of PEG include supervision level experts of the services and institutions represented by the members of MTTT. Among the basic tasks of PEG – monitoring, analyzing and evaluating terrorist threats, as well as evaluation of the level and type of terrorist threats – must be mentioned. The Permanent Expert Group also monitors the actions of proper government administrative authorities in the area of the use of informati- on regarding terrorist threats. Furthermore, it evaluates the preparations of Poland’s public administration to recognize, eliminate and prevent terrorism. The PEG also elaborates propositions to improve the state of preparation of the public administra- tion to prevent and eliminate terrorism. Basic responsibilities regarding terrorism prevention and elimination are held by the institutions subordinated to the Prime Minister. 1.2 The Internal Security Agency The scope of responsibility of the Internal Security Agency (ISA) with regard to pre- vention of terrorist threats is wide. The tasks of ISA include recognition, prevention and detection of the following crimes: – espionage, terrorism, violation of national secrecy and other crimes threatening national security, – regarding the production and sales of articles, technologies and services of strategic significance for national security, – illegal production, possession and sales of weapons, ammunition and explosive materials, weapons of mass destruction, narcotics and psychotropic substances, in international sales. 2 The Permanent Expert Team was established by decision No. 2 of the chief of the Interministerial Group for Terrorist Threats, 2006. Waldemar Zubrzycki 133 Bilten Slovenske vojske Furthermore, the Head of ISA coordinates the secret services’ operational and recon- naissance actions which may have an influence on the state’s security. One of the part of ISA’s structure is The Anti-Terrorist Center (ATC)3; the objective of ATC is to coordinate the activities of the state’s services and institutions in the field of exchange of information concerning preventing terrorist activity, and to cooperate with the equivalents on international level. Officers in charge of terrorism preven- tion, seconded from national services and institutions participate in the actions of ATC. 1.3 The Intelligence Agency The Intelligence Agency (IA) holds an important function in terrorism prevention. The basic task of IA is to recognize and prevent external hazards threatening the safety, defensibility, independence and territorial inviolability of Poland. The above recognition concerns international terrorism, extremism and international crime syn- dicates, as well as – which is especially important in view of terrorist organizati- ons’ functioning – recognition of international sales of weapons, ammunition and explosives, as well as articles, technologies and services of strategic significance for the state’s security, recognition of international sales of mass destruction weapons, and the hazards connected with dissemination of these weapons and means of their transportation. It is worth to notice government administration is obliged to provide the Head of IA with information significant to external safety and the international position of the Republic of Poland, which concern especially: – external hazards, threatening the security, defensibility, independence and territo- rial integrity and border inviolability of Poland, – international terrorism and extremism and international crime syndicates, – international sales of weapons, ammunition, explosive materials, narcotics and psychotropic substances, as well as articles, technologies and services of strategic significance to the security of the Republic of Poland and to maintain international peace and security. 1.4 The Ministry of the Interior and Administration The Minister of the Interior and Administration implements tasks regarding the pre- vention of terrorist threats, as well as elimination of the effects of possible attacks. These tasks are carried out directly or through the actions of subordinate services (Police, Border Guard, Government Security Bureau and the National Fire Service). Supervision of the Ministerial Team for Terrorist Threats in the system of terrorism prevention is especially significant in view of the coordinative function of the Minister of the Interior and Administration. 3 Established by the ruling of the Prime Minister, 2008. TERRORISM PREVENTION IN POLAND 134 Bilten Slovenske vojske 135 Bilten Slovenske vojske The Section for Terrorism Prevention functions as part of the organizational structure of the Public Security Department within the Ministry of the Interior and Administration. Tasks of the Department include, inter alia: preparing analysis and prognoses of terrorism threat level, as well as preparing conceptions of preven- ting threats related to terrorism, and participation in the preparation of projects and programs in this field. The Division for Terrorism Prevention also prepares information and materials connected with the issue of terrorism for the Head of the Ministerial Team for Terrorist Threats – the Minister of the Interior. The Division also serves as substan- tive, official and technical assistance for the sessions of MTTT and the Permanent Expert Group. Reports on the state of security and public order in the country are elaborated for the management of the Ministry of the Interior and Administration, taking into account motions, prognoses and evaluation of the implementation of the tasks (regarding prevention of terrorist attacks) of the Police, Border Guard and the Government Security Bureau. Basic tasks of the Police include the issues connected with the protection of human life, health and the properties from illegal actions which pose threats to these goods, protection of safety, public order, detecting crimes and offences, as well as pursuing the culprits. This responsibility obliges the Police to undertake tasks regarding terrorism prevention (despite the lack of detailed legal tasks in this field). Because the issue of terrorism prevention and elimination considers public safety and public order, distinguished prevention and anti-terrorist squads are part of the Police. The Department for Combating Terrorist Acts operating within the Central Investigation Bureau of the Police Headquarters is responsible for combating criminal terrorism, terrorism and extremism. The Anti-Terrorist Operations Bureau of the Police Headquarters (AOB) deals with physical terrorism prevention and re- cognition and elimination of terrorism acts. Furthermore, the it deals with the su- pervision of actions of the independent anti-terrorist subdivisions of the Police and antiterrorist units. The AOB also cooperates with the national and foreign authori- ties in charge of preventing terrorist acts. The Central Investigation Bureau coordinates the operational reconnaissance actions (obtaining and verifying information about events connected with threats) of the Police, in the field of terrorism and extremism recognition and preventi- on. The CIB cooperates with police services of other countries; this cooperati- on especially regards exchanging information regarding persons and events. The Police Working Group on Terrorism (PWGT), as well as the information exchange channels of Europol, Interpol and liaison officers serve as a platform of coopera- tion in this area. In case of public safety danger or disturbance of public order, especially by a terrorist threat, or crimes committed towards objects of significant importance for the safety Waldemar Zubrzycki 135 Bilten Slovenske vojske and defensibility of the country or those that may pose threats to human life, the Prime Minister may order the use of armed squads of Police (on request by the Minister of the Interior). Additionally, it is worth noticing that policemen may be seconded to serve abroad in order to realize the tasks in the Police quota assigned; inter alia, to participate in the actions of preventing terrorist acts or the effects of these acts. The Border Guard has a detailed legal task to conduct actions in order to recognize and prevent terrorist threats. This task is carried out especially by the Operational Investigation Management of the Main Command of the Border Guard. Furthermore, in perspective of terrorism prevention, one should recognize the Border Guard’s tasks regarding the execution of security control in the territorial range of the border crossing, and in the means of international transport, protection on aircrafts, which provide air transportation for the passengers, as well as protection of communication routes of special international significance from the crimes, the prevention of which is included in the tasks of the Border Guard. The Border Guard is also responsible for the prevention of illegal import and export of the following items: waste, harmful chemical substances, nuclear and radioactive materials, as well as illegal import and export of the following: narcotics and psychotropic substances, weapons, ammuniti- on and explosive materials. A special quota may be assigned to recognize and prevent terrorist threats, as part of the Border Guard, to realize certain tasks abroad. The tasks executed by the Government Protection Bureau (GSB) are connected with the prevention of terrorist acts, which may target persons under the protection of GSB: – President of Poland, Speaker of the Seym, Speaker of the Senate, Prime Minister, Deputy Prime Minister, minister in charge of the interior and minister in charge of foreign affairs, – foreign delegations residing on the territory of the Republic of Poland; – Polish diplomatic representatives, consular offices and the representatives of in- ternational organizations outside the Republic of Poland, – objects and devices of special significance. The Government Protection Bureau also deals with the recognition of pyrotechnic radiological objects of the Seym and Senate, as well as the protection of objects serving the President of Poland, the Prime Minister, minister in charge of the interior and minister in charge of foreign affairs. 1.5 Financial sector Effective terrorism prevention is largely dependent on the proper prevention of its financing. The government administration authorities in charge of preventing pro- TERRORISM PREVENTION IN POLAND 136 Bilten Slovenske vojske 137 Bilten Slovenske vojske perties from illegal or undisclosed sources being introduced for financial circulation, and the prevention of terrorism financing are, above all4: – minister in charge of financial institutions as the supervising authority for financial information, – General Inspector of Financial Information. Important tasks in this area, indirectly connected with terrorism prevention, are conducted by the Border Guard and the General Inspector of Tax Investigation. Among the tasks of the General Inspector of Financial Information (GIFI) is; above all, obtaining, gathering, transforming and analyzing information and undertaking actions in order to prevent properties from illegal or undisclosed sources for financial circulation. In the field of preventing terrorism financing, the GIFI provides the concerned insti- tutions with information on entities suspected of having connections with terrorist acts, and cooperates with foreign institutions preventing this process. Withholding transactions and blocking accounts, as well as initiating other actions which prevent the use of the Polish finance system for legalization of income from illegal or disclosed sources, is a significant right of the GIFI. This includes staff training of the employees of institutions obligated in the range of tasks imposed on these institutioThe Customs Service of the financial resort is an important part of the system of terrorism prevention. The tasks of this formation serve the implementa- tion of the country’s custom policy concerning import and export of articles. This property is connected with preventing terrorism by controlling import and export of articles that may be used in a terrorist act. The responsibilities of the Customs Service include recognition, detection and prevention of crimes and offences connected with importing and exporting articles; defined in restrictions or bans, to the Polish customs area, especially such as: – harmful waste, – chemical substances, – radioactive materials, – narcotics and psychotropic substances, – weapons, ammunition, explosives, – technologies defined in international control. The Tax Intelligence Service has similar tasks in the context of terrorism prevention. Tax control includes recognition and elimination of crimes connected with foreign sales of articles and technologies, which are defined in international controls. 4 In accordance with the ruling on prevention of properties from illegal or undisclosed sources being introduced into financial circulation, and on prevention of terrorism financing, 2000. Waldemar Zubrzycki 137 Bilten Slovenske vojske 1.6 Responsibilities of the Ministry of Defense The tasks of the Armed Forces of the Republic of Poland in the field of elimina- ting terrorist threats resulted from their legal responsibilities. The Armed forces in justified cases may participate in: – eliminating natural disasters and their effects, – anti-terrorist actions, – search and rescue actions, – clearing fields from explosives and hazardous materials of military origin and disposing of these materials. In the cases when the use of armed squads of the Police is insufficient, the squads of the Armed Forces may be assigned to assist the Police (on the basis of a regulati- on of the President of the Republic of Poland, issued on request of Prime Minister). Assistance may also be provided as independent counteraction of the Armed Forces toward threats or crimes, in cases when the squads of Police are insufficient to respond to these threats. Among many tasks of the Military Police in the context of terrorist threats, the pro- tection of human life and well-being, as well as military properties from acts which pose a threat to these goods and cooperation with the Military Counter Intelligence Service are most important. The Military Counterintelligence Service (MCS) performs especially the tasks regarding recognition, prevention and detection of the following crimes: – committed by soldiers on active military duty, officers of MCS, Military Intelligence Service, employees of the Armed Forces and other organizational units of the Ministry of Defense, – connected with terrorist activity, posing a threat to the state’s defensive potential, the Armed Forces of the Republic of Poland and the organizational units of the Ministry of National Defense and of the country providing mutual assistance. In these situations, the MCS must cooperate with the Military Police and other authorities entitled to combat crimes on the basis of their scope of responsibilities. Preventing all sorts of danger (including terrorist danger), which may pose a threat to the state’s defensibility and the combating capacity of the Armed Forces, and informing proper authorities of the country about those threats are among legal tasks of the MCS. The responsibilities of the Military Intelligence Service, in cases of international terrorism threats, include broadly defined recognition and prevention. Especially important tasks are also exercised in the field of recognizing the international sales of weapons, ammunition, explosives, as well as articles, technologies and services of strategic significance to the state’s security; recognizing the international sales of weapons of mass destruction and the threats connected with the dissemination of these weapons and means of their transportation. TERRORISM PREVENTION IN POLAND 138 Bilten Slovenske vojske 139 Bilten Slovenske vojske Furthermore, the Ministry of Defense implements Cooperative Airspace Initiative – an initiative carried out within NATO-Russia Council, concerning cooperation in the field of aerial space use and aerial traffic management.5 The basic goal of CAI is to create the possibility of mutual exchange of information concerning aircrafts which may be used to execute a terrorist attack (RENEGADE), between NATO and Russia. 1.7 Ministry of Foreign Affairs The function of the Ministry of Foreign Affairs (MFA) in the system of terrorism defense includes: maintaining relations of Poland with other countries and interna- tional organizations, as well as representing and protecting the interest of Poland, Polish citizens and Polish legal persons abroad. The Ministerial Group of Poliferation Security Initiative6 functions within the MFA. It is a consulting advisory institution of the Council of Ministers. The tasks of this institution include elaborating statements which concern the most important issues of preventing the illegal dissemination of weapons of mass destruction, means of their transportation, materials and technolo- gies required in their production, and articles of double use. Elaborating the concep- tion of ‘the national mechanisms of interception’ of illegal transports of the earlier mentioned weapons, means, materials and articles; and analyzing the problems and legal documents, as well as providing the Council of Ministers with propositions of appropriate legislative acts, are also important tasks. 1.8 The Ministry of Justice The Ministry of Justice deals with issues connected with jurisdiction and prosecutor’s office. Furthermore, it ensures the preparation of the projects of law codification, including criminal law, on the basis of which the prosecution of terrorists is conducted. Tasks connected with the prevention and elimination of terrorist threats, and the ne- utralization of the effects of possible terrorist acts are conducted by proper services and authorities, and emergency services. In this field, two main areas of tasks realized by proper services and subjects are distinguished: – prevention of terrorism attacks (prevention and elimination of terrorist threats), – emergency response after a possible terrorist attack (neutralization of the effects of terrorist acts). The role of the public prosecutor’s office is to guard the law and order, as well as to supervise the pursuits of criminals. This task is executed by the General Prosecutor and prosecutors subordinated to him through: – conduction or supervision of preparatory proceedings in penal trials and holding the function of a public prosecutor before courts, – conducting research on the issues of crime and its elimination and prevention, – coordinating actions regarding the pursuit of crime, conducted by other national authorities; 5 Established by ruling No. 140 of the Prime Minister, 2008. 6 Established by ruling No. 36 of the Prime Minister, 2008. Conclusion Bibliography Waldemar Zubrzycki 139 Bilten Slovenske vojske – cooperating with the national authorities and organizational units as well as social organizations in order to prevent crime and other violations of the law. Modern terrorist acts are targeted against a large number of victims and spectacular effects. A number of factors hinder the struggle with this phenomenon. These factors include: the lack of a defined, real territory of the enemy, anonymity and secretive- ness of the enemy, unpredictable suddenness and violence of the enemy’s actions, developing globalization and the use of new methods and means of combat. The ter- rorists are always a step ahead of the services responsible for the country’s internal security. Despite the services’ specialization, prevention of terrorist acts is incredibly difficult; precise prediction of the place and time of a planned attack is practically impossible. Therefore, the country’s multi-levelled activity, regarding recognition and prevention as well as the elimination of terrorist threats aiming, above all, to protect the citizens, is very important. 1. Act on preventing introducing properties from illegal or undisclosed sources into financial circulation and on prevention of terrorism financing, Dz. U. 2004.52.677. 2. Border Guard Act, Dz. U. 1990. 78.462. 3. Crisis Management Act, Dz. U. 2009.131.1076. 4. Customs Service Act, Dz. U. 2009.168.1323. 5. Decision No. 2 of the Head of the Ministerial Team for Terrorist Threats establishing the Permanent Expert Team, 2006. 6. Environment Disaster Act, Dz. U. 2002.62.558. 7. Government Security Bureau Act, Dz. U. 2004.163.1712. 8. Government Administration Sector Act, Dz. U. 1997.141.943. 9. Internal Security Agency and Intelligence Agency Act, Dz. U. 2002.74.676. 10. Martial Law Act, Dz. U. 2002.156.1301. 11. Military Counterintelligence Service and Military Intelligence Service Act, Dz. U. 2006.104.709. 12. Military Police Act, Dz. U. 2001.123.1353. 13. National Fire Service Act, Dz. U. 1991.88.400. 14. Police Act, Dz. U. 1990.30.179. 15. Prosecutor’s Office Act, Dz. U. 31.1381985. 16. Public Defense Act, Dz. U. 2004.241.2416. 17. Regulation No. 162 of the Prime Minister on the formation of the Interministerial Group for Terrorist Threats, 2006. 18. Regulation No. 36 of the Prime Minister establishing Ministerial Group of Proliferation Security Initiative, 2008. 19. Regulation of the Prime Minister establishing the Anti-terrorist Center, 2008. 20. Regulation No. 140 of the Prime Minister establishing the Cooperative Airspace Initiative, 2008. 21. State Border Protection Act, Dz. U. 2005.226.1944. 22. Tax Intelligence, Dz. U. 2004.8.65. Conclusion Bibliography TERRORISM PREVENTION IN POLAND