Legal Repercussions or Deportation
It is common for victims of trafficking to fear possible legal repercussions, such as deportation, if they report the crime to the authorities. In this regard, it should be noted that the European Union has specific measures in place to prevent the return of victims of crime, especially in cases of trafficking. These measures exist to protect the integrity, safety and dignity of victims.
Firstly, there is a prohibition on return when there is danger: European law states that no one can be returned to a country where they are in danger. This applies when:
• There is a risk of re-trafficking
• There is fear of reprisals from the perpetrator of the crime
• The country of origin/legal residence cannot provide protection
In these cases, victims can not be deported.
Secondly, when an authority or organisation detects signs of human trafficking, they must: guarantee the rights of the victim above and beyond their irregular status in the country, halt any expulsion proceedings and inform you/refer you to specialised care and protection resources/services. Detecting signs is key to avoiding return.
Thirdly, when there are signs of trafficking, there is a right to a period of recovery and reflection, the aim of which is to ensure a safe place, guarantee recovery and receive adequate information to make a considered decision on what to do. During this time, deportation/return to the country of origin/legal residence is not possible.
Ultimately, depending on each EU country, there are special residence permits for victims of trafficking. This permit suspends any expulsion order, authorises legal residence and gives access to assistance and protection.
In cases where returning to the country of origin or legal residence poses a danger to the victim's safety, it is possible to apply for international protection, which will guarantee non-refoulement from the moment of application until a decision is made. In these cases, the authorities will listen to and assess each case individually, taking into account each person's personal situation.
