9 PRINCIPLE 9 AND RELATED GUIDELINES: LEGAL ASSISTANCE, PROTECTION AND TEMPORARY RESIDENCE PERMITS347 Legal and other assistance shall be provided to trafficked persons for the duration of any criminal, civil or other actions against suspected traffickers. States shall provide protection and temporary residence permits to victims and witnesses during legal proceedings.347 9.1. PURPOSE AND CONTEXT Principle 9 focuses on the legal and other assistance that should be provided to trafficked persons in respect of any criminal, civil or other actions against traffickers. The underlying assumption of this Principle is that trafficked persons have an important role to play – and a legitimate interest – in legal proceedings against their exploiters. On this basis, all efforts should be made to ensure that victims are able to participate in legal proceedings freely, safely and on the basis of full information. Victim involvement in legal proceedings can take a number of different forms. Individuals who have been trafficked may provide evidence against their exploiters, either through written statements or in person, as part of a trial. Trafficked persons may This section draws on Gallagher, International Law of Human Trafficking, chap. 5. 347 also be called upon to provide a victim statement about the impact of the offence, which could become part of a sentencing hearing.348 In civil proceedings against their exploiters, trafficked persons may be applicants and/or witnesses. Even for a trafficked person who is unwilling or unable to testify, she or he still has a legitimate interest in the relevant legal proceedings, and this needs to be accommodated. Principle 9 recognizes that victims involved – or potentially involved – in legal proceedings have special needs and vulnerabilities that must be addressed. Obligations that flow from this are supplemental to the protection, assistance and support obligations mandated for all trafficked persons and discussed in detail under Principle 8 above. Importantly, factors such as age and gender can have a significant impact on the nature and level of both the need and vulnerability of a particular victim. They should therefore be taken into account in assessing the response required.349 Principle 9 applies to all victims of trafficking in respect of which legal proceedings have commenced or may This possibility is envisaged in the Legislative Guides to the Organized Crime Convention and its Protocols, Part 2, para. 56. 348 349 See Trafficking Protocol, art. 6 (4). COMMENTARY 153