should not be made dependent on the victim’s ability to pay or willingness or capacity
to co-operate with law enforcement agencies of the destination country.
States should make information available to trafficked persons in an accessible form
and in a language that they understand. Interpretation services should be made available and used where necessary.
A trafficked person is considered a victim regardless of whether the perpetrator is
identified, apprehended, prosecuted or convicted. As such, trafficked persons must
have access to relevant services and legal proceedings.
Returning states must ensure that return is undertaken with due regard for the status
of relevant legal proceedings in which that person has or could have an interest. Taking into account the potential vulnerability of trafficked persons, returning states are
required to help ensure that trafficked persons are able to be present at and have their
concerns and views considered during criminal proceedings against the alleged perpetrators of trafficking. In assessing the safety of return, returning states must evaluate
the risks to the victim of trafficking of participating in these proceedings.
Part 1: Guiding Principles of Return
21
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