that States Parties provide for the possibility of not imposing penalties on victims for unlawful activities that the victim has been compelled to commit.273 The principle is also a recognized EU standard, and is included in both the EU Trafficking Directive274 and in the Brussels Declaration of 2002.275 In the EU, the application of re-entry bans is established by Directive 2008/115/EC on the return of third-country nationals. Re-entry bans can be considered a specific form of penalty, and may accompany return decisions under the directive, prohibiting entry into and stay on the territory of member states for a specified period of time. The above-mentioned directive specifically provides that victims of trafficking who have been granted residence permits pursuant to Directive 2004/81/EC on residence permits for victims of trafficking shall not be subject to a re-entry ban. Since no provision is made for victims who are returned without having been granted a residence permit, re-entry bans can discriminate against victims of trafficking who leave the destination country owing to their lack of legal residence. However, under the directive, member states may refrain from issuing, withdrawing or suspending entry bans in individual cases for humanitarian reasons.276 The OHCHR Trafficking Principles state clearly that the detention of trafficking victims is inappropriate, while also implying that it is illegal. The principles call on states to ensure that trafficked persons are not, under any circumstances, held in immigration detention or in other forms of custody.277 Special justification and protection measures apply in cases of the detention of children. The detaining authority must be able to demonstrate that the detention is in the child’s best interests and that, in each and every case, there is no reasonable alternative available.278 The EU standards foresee that the use of detention for the purpose of removal should be limited and subject to the principle of proportionality with regard to the means used and objectives pursued. Detention is justified only to prepare the return or carry out the 273  Compulsion should be understood as comprising, at a minimum, any of the illicit means contained in the definition of trafficking contained in Article 4 of the Council of Europe Trafficking Convention, such as the use of threats, force, coercion or deception (see: Explanatory Report to the Council of Europe Trafficking Convention, para. 273). 274  EU Trafficking Directive, art. 8. However, the directive notes that this safeguard should not exclude prosecution or punishment for offences that a person has voluntarily committed or participated in. 275  The Brussels Declaration calls on states to recognize trafficking victims as victims of serious crimes and to ensure that they are not re-victimized, further stigmatized, criminalized, prosecuted or held in detention centres for offences that may have been committed by the victim as part of the trafficking process. 276  Directive 2004/81/EC, art. 11(3). 277  OHCHR Trafficking Principles, guidelines 2.6 and 6.1. The Commentary to this instrument concludes that the routine detention of victims or suspected victims of trafficking in public detention facilities or shelters violates principles of international law, including freedom of movement and prohibitions on the unlawful deprivation of liberty and arbitrary detention. International law also prohibits the discriminatory detention of victims, including the routine detention of women and girls in shelters. The Commentary notes that the detention of victims may only be permissible on a case-by-case basis, owing to, for example, criminal justice imperatives, public order requirements or victim safety needs, and provided that the requirements of necessity, legality and proportionality are met. As such, detention may be used as a last resort, but usually only in situations where there are credible and specific threats to a victim’s safety (see OHCHR Commentary to the Recommended Principles and Guidelines, pp. 133-139.) 278  The Commentary confirms that, in addition to stipulating the circumstances under which a child can be detained, international law also imposes conditions on the conduct of such detention (see OHCHR Commentary to the Recommended Principles and Guidelines, pp. 136-139.) Part 2: Explanatory Report to the Principles 77