(a) The consular or diplomatic authorities of his or her State of origin or of a State
representing the interests of that State shall, if he or she so requests, be informed without
delay of his or her arrest or detention and of the reasons therefor;
(b) The person concerned shall have the right to communicate with the said authorities.
Any communication by the person concerned to the said authorities shall be forwarded
without delay, and he or she shall also have the right to receive communications sent by the
said authorities without delay;
(c) The person concerned shall be informed without delay of this right and of rights deriving
from relevant treaties, if any, applicable between the States concerned, to correspond and to
meet with representatives of the said authorities and to make arrangements with them for
his or her legal representation.
8. Migrant workers and members of their families who are deprived of their liberty by arrest
or detention shall be entitled to take proceedings before a court, in order that that court
may decide without delay on the lawfulness of their detention and order their release if the
detention is not lawful. When they attend such proceedings, they shall have the assistance,
if necessary without cost to them, of an interpreter, if they cannot understand or speak the
language used.
9. Migrant workers and members of their families who have been victims of unlawful arrest
or detention shall have an enforceable right to compensation.
Article 17
1. Migrant workers and members of their families who are deprived of their liberty shall be
treated with humanity and with respect for the inherent dignity of the human person and
for their cultural identity.
2. Accused migrant workers and members of their families shall, save in exceptional
circumstances, be separated from convicted persons and shall be subject to separate
treatment appropriate to their status as unconvicted persons. Accused juvenile persons
shall be separated from adults and brought as speedily as possible for adjudication.
3. Any migrant worker or member of his or her family who is detained in a State of transit
or in a State of employment for violation of provisions relating to migration shall be held, in
so far as practicable, separately from convicted persons or persons detained pending trial.
4. During any period of imprisonment in pursuance of a sentence imposed by a court of
law, the essential aim of the treatment of a migrant worker or a member of his or her family
shall be his or her reformation and social rehabilitation. Juvenile offenders shall be separated
from adults and be accorded treatment appropriate to their age and legal status.
5. During detention or imprisonment, migrant workers and members of their families shall
enjoy the same rights as nationals to visits by members of their families.
6. Whenever a migrant worker is deprived of his or her liberty, the competent authorities of
the State concerned shall pay attention to the problems that may be posed for members of
his or her family, in particular for spouses and minor children.
7. Migrant workers and members of their families who are subjected to any form of
detention or imprisonment in accordance with the law in force in the State of employment
or in the State of transit shall enjoy the same rights as nationals of those States who are in
the same situation.
8. If a migrant worker or a member of his or her family is detained for the purpose of
verifying any infraction of provisions related to migration, he or she shall not bear any costs
arising therefrom.
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