Principle 3: Protection measures when return is not an option In some circumstances, the return of a trafficked person to her or his country of origin or former habitual residence is impossible, dangerous or otherwise in violation of that person’s human rights. Victims who are not granted legal refugee status or who are not otherwise deemed in need of international protection may still be afforded protection measures, including as a result of personal circumstances, once the reflection period has expired. However, these alternatives are often only available on a temporary basis. Victims of trafficking may be granted the “right to remain” for a number of reasons and in a number of different ways. Once the reflection period has expired (discussed under Principle 2), one of the first options to follow is to grant a temporary residence permit linked to proceedings against the traffickers, although this usually requires victim co-operation. Trafficked persons can also be granted international protection or temporary residence on humanitarian grounds on the basis of, for example, the principle of non-refoulement and an inability to guarantee a secure return. In addition, victims may be granted permanent residence on humanitarian grounds. Victims claiming international protection may also have an entitlement, separate from or in addition to any other entitlements accorded them as victims of trafficking, to remain for the duration of that claim. Temporary residence for the duration of legal proceedings In most OSCE participating States, whether or not a trafficked person is permitted to remain and participate in criminal proceedings depends on the assessment of law enforcement or prosecuting authorities as to the usefulness of the trafficked person’s testimony. Such is the case where the right to remain is conditional on the trafficked person’s co-operation with the investigation and/or prosecution processes. The right to remain for the purpose of civil proceedings, for example to claim compensation, is largely absent from the legal frameworks of OSCE participating States. As a result, victims are reportedly often returned to their countries of origin (voluntarily or otherwise) before having had the opportunity to make or finalize a claim for compensation.130 Victims who have received residence permits on the basis of their co-oper130 OSCE/ODIHR, Compensation for Trafficked and Exploited Persons in the OSCE Region (Warsaw: ODIHR, 2008), p. 36. Part 2: Explanatory Report to the Principles 55