A/HRC/17/35 persons may take some time, it may be also beneficial to provide information on a regular basis, both orally and in writing in a language they understand. 2. Access to legal assistance 47. As judicial and administrative proceedings are often complex in many jurisdictions, legal assistance is essential to enable trafficked persons to claim compensation, especially where they are not familiar with the legal system of the country concerned. While not specifically referring to “legal” assistance, article 6, paragraph 2 (b), of the Palermo Protocol mandates States to provide “assistance to enable their views and concerns to be presented and considered at appropriate stages of criminal proceedings against offenders, in a manner not prejudicial to the rights of the defence”. More specifically, paragraph 9 of the Recommended Principles and Guidelines on Human Rights and Human Trafficking provides that “legal and other assistance shall be provided to trafficked persons for the duration of any criminal, civil or other actions against suspected traffickers”. Furthermore, trafficked persons should be provided with legal assistance free of charge. Trafficked persons who have just escaped from their traffickers often have no financial means to afford legal assistance, given their financial dependence on their traffickers who use debt bondage as a control tool. 48. While some States provide for free legal assistance to victims of crime, including trafficked persons,39 many States reportedly do not have a system in place to provide for such assistance. Even where the law expressly provides that trafficked persons should be provided with legal assistance, the system may not exist or be effectively implemented in practice, so that legal assistance may only be available from non-governmental or international organizations in reality.40 Further, some States impose eligibility criteria for legal aid, which may be difficult for trafficked persons to fulfil, such as being nationals of the country or long-term residents with legal status and a domicile. 3. Regularization of residence status 49. The ability of trafficked persons to claim remedies hinges upon possibilities to remain in countries where remedies are sought, as it would be difficult for them to obtain remedies if they were at risk of expulsion or had already been expelled from the countries. In many instances, however, trafficked persons are misidentified as irregular migrants and detained in immigration detention centres, or immediately deported without being given any opportunities to seek compensation. 50. Article 7 of the Palermo Protocol requires each State to consider adopting measures that permit trafficked persons “to remain in its territory, temporarily or permanently, in appropriate cases” and to “give appropriate consideration to humanitarian and compassionate factors” in doing so. At a very minimum, this should entail the provision of a reflection and recovery period to allow trafficked persons to regain physical and psychological stability and to reflect on available options. While an increasing number of States, particularly those in Europe, provide for a reflection and recovery period of varying duration, the majority of States still do not yet establish a reflection and recovery period as a legal right of trafficked persons. Even where it is established by law, trafficked persons often do not benefit from such a period, due to a number of obstacles such as the misidentification of trafficked persons, which results in immediate detention and deportation, and the uncertainty regarding the procedures to be followed in granting the 39 40 Council of Europe, Non-criminal Remedies, p. 19. OSCE/ODIHR, Compensation, p. 82. 13