Principle 2: Due process The legal frameworks of some OSCE participating States do not fully respect due process in the right to return. Many participating States require that certain information is provided to trafficked persons, while others go further in providing victims with access to legal counselling or assistance. However, concerns have been raised about the consistency and quality of the information and assistance provided. In some countries, identification failures that result in victims of trafficking being held in immigration detention centres can prevent or obstruct their ability to access assistance and information. In others, trafficked persons are denied access to assistance and information if no criminal investigation has been opened. Access to information concerning the rights of trafficked persons and available legal and other forms of assistance, as well as the provision of a reflection period, represent procedural rights that are essential to the trafficked person’s ability to seek remedies (discussed further in Principle 6). The importance of proper identification in the context of forced return The importance of the proper identification of victims of trafficking cannot be overstated. The failure to identify victims of trafficking accurately and in a timely manner is a persistent problem throughout the OSCE area, and one which exposes victims to the risk of forced return and the denial of their rights. This problem reflects other shortcomings in national responses to trafficking, including failing to fully recognize and act upon the crime of trafficking, to establish effective identification and referral mechanisms and to properly train frontline officials (such as police, border guards and immigration officers) in identifying trafficking victims of all of all ages and genders. Most countries do not have standard procedures that border officials, immigration officers and police must follow in order to ascertain if apprehended migrants have been trafficked. Since trafficked victims are unlikely to hold valid residence permits, visas or even passports, if intercepted by the police or border officials they face detention, transfer to an expulsion centre and removal from the country, all of which can take place within a relatively short period of time. As such, there is a risk that trafficked persons caught up in procedures designed to manage asylum and migration cases will not be identified as victims of trafficking. Even when victims of trafficking are correctly identified, they may remain at risk of deportation as a result of procedural failures or miscommunications among the authorities. 48 Part 2: Explanatory Report to the Principles