A/65/222 flee their countries of origin do not always coincide with the reasons internationally recognized as grounds for seeking and recognizing the status of refugees, but which nevertheless can leave such persons in a vulnerable situation and in need of protection of their human rights. 36. The Special Rapporteur wishes to draw the attention of the General Assembly to the millions of people who have not been formally denied or deprived of nationality but who lack the ability to prove their nationality, or, despite documentation, are denied access to the many human rights that other persons under the jurisdiction of States enjoy. 12 He also wishes to draw attention to allegations about deportations of persons with mental disabilities without judicial guarantees, including the right to be assisted by a lawyer. 37. The Special Rapporteur is also concerned about the disproportionate use of force by security forces at borders, which, according to information received, has led to shootings and deaths of migrants, asylum-seekers and refugees. In this regard, the Special Rapporteur wishes to recall that international law and human rights standards demand that the use of force by law enforcement officials must be proportionate to the actual threat faced, and wishes to discuss, in the present report, the impact of the criminalization of irregular migration on asylum-seekers, victims of trafficking and children. 1. Asylum-seekers 38. The Special Rapporteur wishes to recall that persons who are in need of international protection are often unable to travel out of their country, or into a safe country, where they can seek asylum. With the increasing use of mandatory visa requirements, asylum-seekers who may not be able to get passports in their country of origin without putting their lives in danger have no option than to resort to irregular means to travel and enter safer territories. 39. The Special Rapporteur is especially concerned at the consequences for asylum-seekers of criminalizing third parties who are deemed to have facilitated irregular entry. The imposition of criminal penalties on carriers who transport asylum-seekers fails to recognize that individuals seeking protection in other countries are often forced to use false documents or resort to smugglers in order to leave their country. Many are unable to obtain proper documentation and permission before fleeing, often because they fear persecution from the same authorities that should issue their travel documents. False or forged documents are used in order to allow them to enter a country where they can seek protection. 40. The Special Rapporteur regrets that laws and practices in many States result in the criminal prosecution of asylum-seekers and refugees for irregular entry, stay or the use of fraudulent documents, despite this being prohibited by international refugee law, and despite the fact that it is explicitly against the recommendations of the Executive Committee of the United Nations High Commissioner for Refugees. He further regrets that some countries apply the same penalties for irregular entry to asylum-seekers, including, in extreme cases, whipping. __________________ 12 10-47488 Indira Goris, Julia Harrington and Sebastian Köhn, “Statelessness: What It Is and Why It Matters”, Force Migration Review, Issue 32, April 2009. 11