Principle 2: Due process The process of returning trafficked persons should not result in a violation of any of their rights, including the right to due process of law. Decisions taken in relation to forced return must be non-arbitrary, individualized and lawful. Forced return must involve a reasonable and objective examination of the particular circumstances of each individual affected by the return. Trafficked persons have the right to be heard prior to an individual measure being taken that will affect them, the right to be represented before a competent authority and the right to appeal a negative decision. States should ensure that effective identification and referral mechanisms are in place, including between the authorities involved in anti-trafficking activities and those responsible for granting international protection. They should also be capable of ensuring that persons who give any indication that they could be at risk of persecution or serious harm are identified and referred to the competent national asylum authorities, while retaining their right to protection and assistance provided by the anti-trafficking system. In case there are reasonable grounds to believe that a person in the asylum system may have been trafficked or is at risk of being trafficked, he or she should be referred to the anti-trafficking systems while their claim for international protection continues to be examined. States should grant a reflection and recovery period to persons showing reasonable-ground indications that they may have been trafficked. During this period, the state should offer unconditional support (both physical and psychological) and information tailored to an individual’s gender, age and culture, with the aim of providing the victim with time and means to decide on their options, including whether they will co-operate with criminal justice agencies in the investigation and prosecution of the perpetrators. The provision of legal assistance to trafficked persons is, along with the reflection period, a prerequisite for the realization of other rights, such as the right to protection, the right not to be prosecuted for status-related offences, the right to participate in legal proceedings and the right to a remedy. Provision of legal advice and representation 20 Part 1: Guiding Principles of Return