A/HRC/26/37 which contribute to the realization by trafficked persons of the substantive components of the right to an effective remedy. The Special Rapporteur has come to appreciate that certain preconditions must be fulfilled if the right to a remedy for victims of trafficking is to be realized in practice. For example, failure to identify victims in the first place will inevitably operate to deny those persons access to remedies. In too many countries, trafficked persons, including those who have been identified as such, are detained or deported without being given any opportunity to claim compensation. Improvements in identification procedures; the institution of a “reflection and recovery period”, during which victims can receive legal and other assistance; and a review of any legal obstacles to access are therefore critical to effective realization of the right to a remedy. 51. The draft basic principles on the right to an effective remedy for trafficked persons. The principles are firmly based on established rules of international law and are informed by an understanding of the legal and practical obstacles that have prevented progress in relation to remedies for victims of trafficking. The Special Rapporteur recommends the draft basic principles to States, intergovernmental organizations, non-governmental organizations, criminal justice agencies and others who may be in a position to contribute to the realization of the right of all victims of trafficking to remedies for the harms committed against them. C. Human rights in the criminal justice response 52. The Special Rapporteur has noted an important shift in attitudes towards the criminal justice aspects of the trafficking response over the course of the mandate. The development of a new international legal instrument on trafficking within a crime control framework has raised understandable concerns that this focus would diminish the attention and commitment due to the human rights of victims. It is felt that a strong criminal justice response to trafficking may conflict with a rights-based, victim-centred response. While accepting the dangers that an overwhelming focus on investigations and prosecutions may take attention away from the rights and needs of victims, the Special Rapporteur notes that a strong response from the criminal justice system is an integral part of dealing effectively with trafficking. In short, there should not be a conflict between the rights of victims and the responses of the criminal justice system, provided that the latter explicitly set out both to challenge the culture of impunity enjoyed by traffickers and to secure justice for the victims. 53. Too often, victims of trafficking are treated as instruments of criminal investigations, rather than as rights holders with a legal entitlement to protection, support and remedies. In her report to the General Assembly in 2009, the Special Rapporteur affirmed her position that “administration of justice systems must be geared towards guaranteeing access to justice to victims, providing an effective remedy, promoting respect for the fundamental human rights of victims, including offenders, and ensuring adequate protection and assistance to victims of trafficking in order to prevent revictimization and avoid the danger of being retrafficked” (A/64/290, para. 99). 54. In 2011, in recognition of the pressing problems associated with the responses of the criminal justice system and the lack of available guidance, the Special Rapporteur undertook a thematic study of rights-based approaches to the administration of criminal justice. The study involved the commissioning of a background paper, the distribution of a detailed questionnaire to Member States and the convening of a group of expert practitioners. The resulting report affirmed the obligation on States to criminalize trafficking; to investigate and prosecute trafficking with due diligence; and to provide for appropriate penalties (A/HRC/20/18). 14