A/HRC/20/24 12. Unlike the Covenant, the European Convention on Human Rights provides an exhaustive list of the situations in which detention may be permitted. Article 5, paragraph 1 (f), states that detention of migrants is only permitted in two specific situations: “the lawful arrest or detention of a person to prevent his effecting an unauthorised entry into the country or of a person against whom action is being taken with a view to deportation or extradition”. In the case Vasileva v. Denmark, the European Court of Human Rights noted that the list of exceptions to the right to liberty secured in article 5, paragraph 1, “is an exhaustive one and only a narrow interpretation of those exceptions is consistent with the aim of that provision, namely to ensure that no one is arbitrarily deprived of his liberty”. 3. Criminalization of migration 13. The Special Rapporteur notes with concern that irregular entry and stay is considered a criminal offence in some countries. He wishes to stress that irregular entry or stay should never be considered criminal offences: they are not per se crimes against persons, property or national security. It is important to emphasize that irregular migrants are not criminals per se and should not be treated as such. The Working Group on Arbitrary Detention has held that “criminalizing illegal entry into a country exceeds the legitimate interest of States to control and regulate irregular immigration and leads to unnecessary detention” (A/HRC/7/4, para. 53). 14. The Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime, requires States parties to establish as a criminal offence the smuggling of migrants. However, the criminalization requirement does not apply to the migrants who are being smuggled. The Protocol states that migrants shall not become liable to criminal prosecution under the Protocol for the fact of having been the object of smuggling. 4. Procedural guarantees in the context of administrative detention of migrants 15. Migrants who are detained find themselves in an especially vulnerable situation, as they may not speak the language and therefore understand why they are detained, or be aware of ways to challenge the legality of their detention. The Special Rapporteur has been made aware that migrants in detention are frequently denied key procedural safeguards, such as prompt access to a lawyer, interpretation/translation services, necessary medical care, means of contacting family or consular representatives and ways of challenging detention. The Special Rapporteur is also aware that, even if all procedures have been properly followed, detention may still be deemed arbitrary when there has been an element of bad faith on the part of the authorities.1 16. Article 9, paragraph 2, of the International Covenant on Civil and Political Rights provides that anyone who is arrested shall be informed, at the time of arrest, of the reasons for his/her arrest. Article 16, paragraph 5, of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families provides the same right specifically for migrant workers and members of their families. The Working Group on Arbitrary Detention stated in its deliberation No. 5 on the situation regarding immigrants and asylum-seekers that a notification of the detention must be given in writing, in a language understood by the asylum-seeker or immigrant, stating the grounds for the detention, and set out the conditions to apply for a remedy to a judicial authority. 17. According to the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, all persons under any form of detention or 1 European Court of Human Rights, Čonka v. Belgium, 5 February 2002. 5