Principle 5: Durable solution without further harm A number of OSCE participating States have not yet adopted legislation to protect victims from prosecution for crimes committed while being trafficked. This is particularly problematic, since acts that are commonly committed by victims in the course of being trafficked, including unauthorized entry or stay and prostitution, are usually criminal offences. Most EU member states have adopted provisions to ensure that trafficked persons forced to commit crimes in the course of being trafficked shall not be prosecuted, while in some states these provisions are limited to certain types of crimes, such as prostitution or immigration offences.263 Several OSCE participating States have specific legal or policy provisions regarding the detention of trafficked persons. In other countries, those identified as trafficked persons who are residing illegally are, in general, not detained so long as they participate in a voluntary return process, which may or may not be supported by the destination country. A number of EU member states impose re-entry bans on third-country nationals who have made use of assisted voluntary return programmes. It is not clear whether this procedure also applies to trafficked persons returning under such programmes, but it does appear that, in some circumstances, exceptions to the ban may be made on the basis of humanitarian reasons, and a special visa may be issued instead.264 In some EU countries, a re-entry ban is imposed on the victim’s departure if he or she decides to leave without participating in a formal support and/or return programme.265 When victims of trafficking co-operate with law enforcement agencies, this can increase the risks of retaliation against them by their traffickers. This makes it essential that special protection measures are provided that take into account the specific needs of female and male victims. In many countries, comprehensive protection from retaliation is only provided when the victim acts as a witness in criminal proceedings 263  Hancilova and Massey, Legislation and the Situation Concerning Trafficking in Human Beings, op. cit., note 80, p. 63. European Union Agency for Fundamental Rights, Child Trafficking in the European Union – Challenges, perspectives and good practices, 2009, p. 69. 264  “Programmes and Strategies in the EU Member States”, European Migration Network, op. cit., note 13, para. 6.2.4. 265  Information obtained from a representative of the La Strada Foundation on 21 November 2011. Part 2: Explanatory Report to the Principles 75