removal process and in situations where the application of less coercive measures would be insufficient.279 Detention may not exceed a period of six months, and may only be extended by a maximum period of 12 months.280 Detention must be periodically reviewed, and will cease to be justified if and when it appears that removal is no longer a prospect.281 Unaccompanied minors and families with children may only be detained as measures of last resort and for the shortest appropriate period of time.282 In some OSCE participating States, as well as in other countries, victims are often placed in shelter programmes and effectively detained there with little or no freedom of movement.283 The OSCE Action Plan, the UN Trafficking Protocol and the Council of Europe Trafficking Convention do not deal with the issue of victim detention. The OHCHR Trafficking Principles, however, state that the detention of victims is inappropriate, and that states should ensure that victims are not held in immigration detention or other forms of custody.284 The above principle concerns the right to freedom of movement and prohibition from arbitrary arrest or detention. The right to freedom of movement is recognized in the ICCPR,285 the UDHR 286 and the ECHR,287 as well as in key OSCE documents.288 However, the ICCPR qualifies this right by applying it only to persons who are lawfully within a state’s territory.289 Furthermore, it allows for restrictions on freedom of movement on grounds of national security, public order, public health or morals, or 279  EU Return Directive, para. 16. Article 15 stipulates that detention prior to removal may only be imposed if other less coercive measures cannot be applied, and if there is a risk of absconding or if the person avoids or hampers the return or removal process. 280  For example, owing to a lack of co-operation by the third-country national or delays in obtaining necessary documentation from third countries (see EU Return Directive, art. 15(5-6)). 281  EU Return Directive, arts. 15(3-4). As emphasized by the European Agency for Fundamental Rights, grounds for pre-removal detention must be exhaustively listed in national legislation and defined in a clear manner. The mere fact of being an irregular migrant should never be considered a sufficient ground for detention (see European Union: European Agency for Fundamental Rights, Detention of Third Country Nationals in Return Procedures, 30 November 2010, p. 9.) 282  EU Return Directive, art. 17(1). The European Commission Action Plan on Unaccompanied Minors states that unaccompanied minors should always be placed in appropriate accommodation and treated in a manner that is fully compatible with their interests. Where the detention of unaccompanied minors is justified, it is to be used only as a measure of last resort, for the shortest appropriate period of time and taking into account the best interests of the child as a primary consideration (see EU Action Plan on Unaccompanied Minors, p. 9.) The European Agency for Fundamental Rights has strongly recommended that states allow NGOs and those providing legal assistance to access detention facilities, in particular to ensure that unidentified trafficked persons held in immigration detention are identified, assisted and released during the reflection period (see European Union: European Agency for Fundamental Rights, Detention of Third Country Nationals in Return Procedures, 30 November 2010, p. 9). 283  On this issue, the following study draws on examples around the world, including from OSCE participating States: Anne Gallagher and Elaine Pearson, “Detention of trafficked persons in shelters: A legal and policy analysis”, Australian Agency for International Development, 2008. 284  OHCHR Trafficking Principles, guidelines 1.5, 2.6 and 6.1, and principle 7. 285  ICCPR, art. 12. 286  UDHR, art. 13.1. 287  ECHR, 4th Additional Protocol, arts. 2-4; 7th Additional Protocol, art. 1. 288  Such as the 1990 Document of the Copenhagen Meeting of the Conference on the Human Dimension of the Conference on Security and Co-operation in Europe (CSCE) (hereafter: 1990 Copenhagen Document), art. 19. 289  ICCPR, art. 12.1. 78 Part 2: Explanatory Report to the Principles