E/CN.4/2003/85 page 24 10 E/CN.4/2000/4, op.cit., supra at note 4. 11 See E/CN.4/2003/85/Add.1, communication sent on 7 November 2002 by the Special Rapporteur to the Government of Australia. 12 See ibid., letter dated 4 September 2002 sent by the Special Rapporteur, together with the Special Rapporteur on torture to the Government of Greece. 13 See also the report of the Special Rapporteur on torture to the General Assembly (A/57/173). 14 Among the factors considered in undertaking such reviews are the reasons for detention, elements to determine the length of time that detention is likely to continue, unexplained delays or lack of diligence on the part of the authority in charge or by the person concerned, the existence of alternatives to detention. 15 E/CN.4/1999/63/Add.3. 16 See provision against criminalization in the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, and the Protocol against the Smuggling of Migrants by Land, Sea and Air, Supplementing the United Nations Convention against Transnational Organized Crime. 17 The legislation of some countries provides for some forms of assistance and protection of victims of trafficking. In the Netherlands, victims of trafficking are temporarily regularized and given protection and support so that they may decide to cooperate with law enforcement authorities. In Belgium the Act on Human Trafficking provides that victims of trafficking should be granted residence permits and social assistance if they agree to testify against the perpetrators. In the United States, the Act on the Protection of Victims of Trafficking provides that victims of trafficking should not be detained unless individual circumstances or the law require otherwise. In any case, if in detention, they should be placed in facilities appropriate to their victim’s status. In January 2002, the “T” visa programme for victims of trafficking was created. It is a procedure for attaining permanent residency status for certain trafficking victims who cooperate with law enforcement agencies to prosecute those responsible for their enslavement. After three years under this status they may apply for permanent residency status. 18 The freedom from torture or cruel, inhuman or degrading treatment or punishment is an underogable right guaranteed by both customary and conventional law. See, in particular, article 5 of the Universal Declaration of Human Rights, article 7 of the International Covenant on Civil and Political Rights and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. 19 See E/CN.4/2003/Add.1, letter sent on 4 September 2002 by the Special Rapporteur on the human rights of migrants to the Government of Spain.