try nationals (hereafter: EU Return Directive) states that, “[w]here there are no reasons to believe that this would undermine the purpose of a return procedure, voluntary return should be preferred over forced return and a period for voluntary departure should be granted”.20 In addition, the EU Group of Experts recommends that return and social assistance programmes should rest on, inter alia, principles of voluntariness.21 Although voluntary return should always be the preferred option, in the majority of cases trafficked persons choose to remain in the country of destination, but are unable to do so unless they qualify for additional protection measures (discussed in detail under Principle 3). Nevertheless, regardless of whether the return is voluntary or forced, the overarching principle is that the returning country must conduct the return process in a manner that is safe and that does not expose the trafficked persons to risks. Safe return The definition of safe return goes beyond guaranteeing the immediate physical security of the trafficked person and of her/his family members. It also involves ensuring the sustainability of return, including the well-being of trafficked persons, and preventing their re-victimization or re-trafficking. All OSCE participating States that are member states of the EU provide some form of pre-return counselling to third-country nationals, as part of the assisted voluntary-return programmes provided to returning migrants, including victims of trafficking.22 While such counselling is sometimes used to ascertain an individual’s wishes with respect to return, the aim is often to provide information on the return process and return assistance available to individuals and, thus, to facilitate their safe return. International treaty law requires that the safety of the trafficked person must be given due consideration when facilitating their return.23 As such, governments are required to ensure that the trafficked person faces no danger of retaliation or other harm upon return, including arrest or prosecution for leaving the country or engaging in prostitution abroad if such activities are criminalized in the receiving country.24 20  Directive 2008/115/EC of the European Parliament and of the Council on common standards and procedures in Member States for returning illegally staying third-country nationals, 2008 OJ L 348/98 (hereafter: EU Return Directive). 21  Report of the EU Group of Experts, rec. 113. 22  “Programmes and Strategies in the EU Member States”, European Migration Network, op. cit., note 13, p. 62. 23  See UN General Assembly, “Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organized Crime”, 15 November 2000, (hereafter: UN Trafficking Protocol), arts. 8(1), 8(2); Council of Europe Trafficking Convention, arts. 16(1), 16(2); and OSCE Ministerial Council, Decision No. 14/06, para. 4. 24  Model Law against Trafficking in Persons, United Nations Office on Drugs and Crime (UNODC), 2009, p. 62 (hereafter: UNODC Model Law). 36 Part 2: Explanatory Report to the Principles