E/CN.4/2003/85 page 10 23. Article 9 of the Universal Declaration of Human Rights establishes that “no one shall be subjected to arbitrary arrest or detention”. This universally recognized principle is also enshrined in article 9 of the International Covenant on Civil and Political Rights (ICCPR), which also sets that “anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that the court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful”. In its General Comment No. 8, the Human Rights Committee states that these provisions are applicable to all deprivations of liberty by arrest or detention, including in cases of immigration control. The Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (General Assembly 43/173 of 9 December 1988) reiterates that any form of detention or imprisonment shall be ordered by, or be subject to the effective control of a judicial or other authority. In addition, a person shall not be kept in detention without being given an effective opportunity to be heard promptly by a judicial or other authority and a detained person shall be entitled at any time to take proceedings before a judicial or other authority to challenge the lawfulness of his/her detention. 24. However, according to the information provided to the Special Rapporteur, national laws often do not provide for judicial review of administrative detention of migrants. In some countries, judicial review of administrative detention is automatic within a prescribed period of time, in other instances it is initiated only upon request of the migrant. Sometimes only an administrative review of the decision to detain is possible. Even when the law guarantees the right to judicial review, other circumstances may undermine it. When the migrant must take the initiative for such review, lack of awareness of the right to appeal and lack of access to free legal counsel can prevent the migrant from exercising his/her right in practice. It was reported that even when the law requires that detained migrants be brought before an administrative or other court, this is often not done within the prescribed time limit. 25. In the context of anti-terrorism measures adopted after 11 September 2001, the legislation of some countries allows for long periods of detention of non-nationals, without basic guarantees.5 Information was received according to which migrants, including asylum-seekers, are sometimes detained at airport transit zones,6 under no clear authority, either with the knowledge of government officials at the airport or simply on the instructions of airline companies,7 before being returned to their countries.8 The difficulty or impossibility of reaching any outside assistance impedes the exercise of the right of the persons concerned to challenge the lawfulness of the detention and deportation decision and to apply for asylum, even in the presence of legitimate claims. 26. The 1963 Vienna Convention on Consular Relations (art. 36) provides that, if so requested, the competent authorities of the receiving State shall, without delay, inform the consular post of the sending State that its national has been deprived of his/her liberty. Any communication to the consular post by the person detained shall be forwarded by the competent authorities without delay. 27. It was reported that consular posts are not always informed in a timely manner of detentions, often because detainees are not aware of this right. In many instances, consulates are informed only when migrants are taken to prison after several days of detention in police