E/CN.4/2004/76/Add.3 page 15 58. The Special Rapporteur takes a positive view of the fact that the Act explicitly provides certain guarantees for foreign nationals who are placed in custody: judicial review of the decision, a time limit on administrative detention, administrative remedies, registration of those held in custody, information from the royal prosecutor, who must visit the holding area and inspect the physical conditions, the provision of medical aid, interpretation and counsel, and facilities for informing the consulate authorities and contacting a person of choice. 59. The Special Rapporteur is concerned that the time limit (48 hours) for appealing against an expulsion order may not be sufficient to obtain the necessary facilities for preparing the appeal and contacting a counsel of choice. Account must be taken of the fact that the person is in a foreign country and does not know the language, the law or the procedures to be followed. 60. The Special Rapporteur was told that the Act explicitly establishes categories of individuals liable to expulsion - pregnant women, minors and any other foreign national whose life or liberty would be threatened or who would run the risk of inhuman, cruel or degrading treatment - who may not be expelled. In such cases, the Act establishes compulsory residence measures and an obligation to report regularly to the police station or gendarmerie. In that regard, the Special Rapporteur wishes to highlight the importance of ensuring a degree of protection by establishing special measures for minors and pregnant women, whose status prevents them from being expelled even if they are technically liable to expulsion. The measures applicable in these cases are not explicitly set forth in the Act: it does not state clearly whether they are to be placed in custody or confined to their residence or whether any measures of protection have been put in place for them. 61. The Special Rapporteur notes that infringements of the immigration regulations are liable to criminal and administrative action, with a view to discouraging illegal migration. The detention of migrants in an irregular situation should under no circumstances be punitive in nature. In this regard, the Special Rapporteur wishes to emphasize that account must always be taken, in applying criminal law, of migrants’ individual history. Additional guarantees should be provided to help irregular migrants who, even when guilty of infringements of immigration law, are in fact eligible to apply for asylum. From information received and her own observations, the Special Rapporteur notes that neither the authorities responsible for law and order and for control of air, sea and land borders, nor the judicial authorities, have clear information regarding refugee status. There are reportedly 2,245 refugees on Moroccan territory and only 720 of them receive financial support from the Office of the United Nations High Commissioner for Refugees (UNHCR). The UNHCR Office in Casablanca does not have sufficient financial resources to help this vulnerable group and is not sufficiently visible or well enough known among the migrant community. 62. The Special Rapporteur warmly welcomes the provisions of the Act aimed at punishing smugglers and traffickers of human beings and combating corruption among officials who facilitate illegal migration. She notes, however, that no measures of protection have been put in place for the victims of such trafficking.