A/HRC/14/30/Add.2 F. Enhancing the protection of those left behind by migrants in countries of origin 78. The Special Rapporteur welcomes partnership initiatives between the Government and stakeholders to implement projects focused on the protection of vulnerable groups in the context of migration. This is the case of a project focused on children left behind and the elderly for the period 2009–2011, under the auspices of the Ministry of Foreign Affairs. He also praises projects implemented by stakeholders aimed at bringing children left behind in Romania closer to their parents who have migrated to work abroad through electronic means of communication and scheduled long-distance telephone conversations, which have proven to have positive effects on programmes dealing with youth gangs and criminal behaviour. V. Major challenges in the protection of the human rights of migrants in Romania 79. The Special Rapporteur recognizes the commitment of Romania to the realization of human rights in the context of migration and hereinafter wishes to draw the Government’s attention to a number of challenges that he believes still need to be overcome. A. The criminalization of irregular migration and the detention of migrants 80. There are two main categories of aliens who are apprehended by the border police while trying to leave Romania irregularly: asylum-seekers registered under the refugee status determination procedure, and other aliens such as irregular migrants or asylumseekers who are yet to apply for asylum. As a general rule, those falling into the first category are returned to the asylum-seeker accommodation centres; those falling into the second category, are treated on a case-by-case basis and, accordingly, are either transferred to one of the Romanian Immigration Office’s refugee reception centres or taken into administrative detention with a view to removal from Romania. 81. The conditions of detention should respect the standards set in the Constitution, the Criminal Procedure Code and other legal instruments on the treatment of detainees. Article 23 of the Constitution provides, inter alia, that initial custody may not exceed 24 hours; thereafter detention can only be prolonged on the basis of a detention order issued by a court, for a maximum period of 30 days, with a possible extension of up to 180 days. Nevertheless, the maximum period of administrative detention is different for various categories of aliens: six months for irregular aliens; two years for aliens for whom an expulsion order has been issued; and an indefinite time for the detention of aliens declared undesirable. If, after the maximum period of detention, the alien cannot be removed from the Romanian territory, he/she is released and granted a temporary right to stay, by granting them the status of “tolerated persons”, as described above in section III. 82. Aliens in administrative detention in the Otopeni Centre have access to regular legal counselling. However, according to information received, aliens in administrative detention in the Arad Centre do not benefit from regular assistance or legal counselling. The Special Rapporteur also heard allegations concerning the lack of specialized free legal assistance and interpreters for aliens – even via telephone – during court proceedings in counties other than Bucharest. 83. Information received by the Special Rapporteur also indicates that immigrants arriving or staying irregularly are often detained for prolonged periods well beyond those 16 GE.10-12102