E/CN.4/2003/85 page 3 In particular, there is a tendency to provide immigration officials with broad powers to detain groups of migrants in conditions and facilities that seriously curtail their right to judicial or administrative review of the lawfulness of detention and to have their asylum claims reviewed. Migrants subjected to administrative proceedings have in general far fewer guarantees and rights than those who are the subject of judicial proceedings. Legal grounds for administrative detention of migrants are often too broad and discretional and time limits are not always legally determined or respected. This is often coupled with the absence of automatic mechanisms for judicial or administrative review and with a lack of other procedural safeguards, such as access to interpreters and lawyers, and limitations on the right to be informed of the grounds for detention and appeal mechanisms and the right to have consular or embassy representatives informed. All these elements result in administrative detention being beyond any control, disproportionate powers being exercised by immigration authorities, and incidents of discrimination and abuse. Legislation and practices allow administrative detention to become at times indefinite or very lengthy, despite the fact that the facilities built or used for this purpose are not equipped for long-term detention. They do not provide for access to education, recreational activities and adequate medical services. According to the information received, many migrant holding centres are overcrowded and conditions of detention do not respect international norms, standards and principles, and at times amount to inhumane or degrading treatment. Often, such facilities are not accessible to external mechanism of inspection and grievance, or complaint mechanisms do not exist or are not accessible. The general lack of external oversight and human rights training permits torture, abuses and ill-treatment to take place. Undocumented migrants deprived of their liberty often do not receive adequate legal, medical, social and psychological assistance and protection, either by the institutions of the host countries or by their consular representatives. Consular posts often lack the necessary equipment, personnel and expertise. In several cases, owing to the lack of documents, migrants are not recognized as citizens by their consulates or embassies. With particular regard to the information received and reflected in the report, the Special Rapporteur would recommend that infractions of immigration laws and regulations not be considered criminal offences under national legislation; Governments should consider the possibility of progressively abolishing all forms of administrative detention and, when this is not possible, take measures to ensure respect for the human rights of migrants deprived of liberty. The Special Rapporteur would like to encourage Governments to ensure that consular and embassy personnel are adequately trained to provide assistance to nationals in distress abroad, including irregular migrants. Mechanisms of supervision of cases of negligence in providing such assistance should exist. The Special Rapporteur would also like to underline that such assistance should be provided through the presence of representatives of all relevant ministries and departments, as well as through specialized medical, social and psychological counselling, at least in those countries with a high incidence of migration.