A/HRC/17/33/Add.3 work, none covers so-called “blue collars”, such as factory or construction workers. There is no general resident permit that allows the permit-holder to work in any field. As a consequence, migrants have practically no possibility of working legally as “blue collars”, except if they obtain residence permits by virtue of their status as migrants of Japanese descent, spouses of Japanese citizens, trainees or technical interns. Therefore, many migrants working in factories or the construction sector are irregular. 47. Japan does not regularize irregular migrants after a certain period of residence in the country: many have lived in Japan for several years, sometimes for more than 15 or 20 years, and have founded a family with children born and educated in Japan. They live in permanent fear of deportation, which affects their entire family. Following a report on crime published by the Government in 2003 that pointed to irregular migration as one of the causes of the increase in crimes,13 and with the economic stagnation, the Government has tightened the control over irregular migrants in the last few years. As a consequence, they are increasingly stopped, arrested and deported. 48. The only possibility for migrants to acquire a regular status is the “special permission to stay”. According to the statistics provided by the Ministry of Justice, while 39,382 persons were subject to deportation procedures in 2008, 8,522 were granted special permission to stay. The majority of the latter were irregular migrants married to a Japanese citizen. This permission is granted by the Ministry of Justice based on discretionary criteria that are not set out in the law. A request for special permission to stay can only be filed during the deportation procedure: when a deportation decision has been taken, the person can object to it and on that basis the Ministry of Justice may grant special permission to stay. It is of concern to the Special Rapporteur that this process seems to lack transparency and there are no legal avenues for irregular migrant workers to regularize their status on the basis of their employment. G. Detention of irregular migrant workers and asylum-seekers 49. According to the Immigration Control Act, detention in Immigration Bureau’s detention facilities is the rule for irregular migrants and asylum-seekers without valid documents or legal status, although, owing to limitation of space, a number of irregular migrants are provisionally released. However, a considerable number of irregular migrants and asylum-seekers are detained for very long periods with limited access to judicial processes. While a legal counsel is allowed to intervene in the procedures of requesting a special permission to stay, such interventions are restricted. Once the permission is denied, the person is detained awaiting deportation. 50. Another concern relates to the fact that there is no time limit for detention, and if the Government cannot deport the person for any reason, it can keep the person detained indefinitely. The Special Rapporteur met irregular migrants and asylum-seekers who had been detained in the East Japan Immigration Centre for around two years. They were in deplorable psychological conditions, detained for a prolonged period of time without having been tried for or convicted of any crime and without knowing whether or when they would be released. As stated by the Committee against Torture in its concluding observations to Japan in 2007 (CAT/C/JPN/CO/1), indefinite detention of migrants or asylum-seekers is contrary to article 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and Japan should establish limits to the length of the detention period for persons awaiting deportation. 13 12 Ibid.