ratified by any so far – requires State Parties to take effective measures to ensure that trafficking for prostitution is an offence under domestic criminal law and to make it punishable by appropriate penalties (Article 3). It also provides that State Parties shall grant to each other the widest mutual legal assistance in investigation, inquiries, trials and other proceedings in the requesting state in respect of offences under Article 3 (in Article 6). Article 8(1) deals with prosecution and investigation and requires State parties to provide “means, training and assistance” for inter alia prosecution of offences. (iii) Whether international law prevents the detention or prosecution of trafficked persons for their unwilling or coerced involvement in unlawful activities International law does not provide authoritative guidance on this point. However good practice and basic notions of human rights suggests that no State should detain or prosecute persons in the circumstances mentioned. This point is made very strongly in Recommended Guideline 6 and Principle 7.10 It is also relevant to note that international law prohibits arbitrary detention. All persons, irrespective of their race, sex, nationality or any other difference are entitled to due process.11 Article 8 of the Trafficking Protocol will require States to facilitate and accept the return of trafficked persons with due regard for their safety and without undue or unreasonable delay. This may therefore point against any unnecessary detention. Article 9(1)(b) of the Protocol requires States to establish comprehensive policies, programmmes and other measures “To protect victims of trafficking in persons, especially women and children, from revictimisation”. In certain circumstances and on one interpretation detention and prosecution of victims may breach this article. Article IX of the SAARC Convention requires State Parties to establish protective homes or shelters for rehabilitation of victims of trafficking. The detention and prosecution of trafficked persons could arguably breach this provision. “(3) “Trafficking” means the moving, selling or buying of women and children for prostitution within and outside a country for monetary or other considerations with or without the consent of the person subjected to trafficking.” 10 Guideline 6: Protection and support for trafficked persons: “1. …Trafficked persons should not be held in immigration detention centres, other detention facilities or vagrant houses.” Principle 7: “Trafficked persons shall not be detained, charged or prosecuted for the illegality of their entry into or residence in countries of transit and destination, or for their involvement in unlawful activities to the extent that such involvement is a direct consequence of their situation as trafficked persons.” 11 ICCPR, Articles 9 and Article 14. 13