A/HRC/4/24 page 10 49. The response of Spain specified that, while irregular immigration constitutes an administrative infringement, trafficking and smuggling involving migrants are considered as criminal offences. Irregular immigration is punished with a fine up to 6,000 euros in cases of a serious infringement, or 60,000 euros, in cases of a very serious infringement. In the second case, the expulsion from the Spanish territory can be applied instead of a fine. Finally, imprisonment of 2 to 5 years and a fine of 6 to 12 months may apply to the criminal offences of trafficking and smuggling of migrants. 50. The Syrian Arab Republic does not criminalize migration, although an individual whose State is at war with Syria can be sanctioned for up to two years for trying to enter the territory. 51. Illegal migration is a criminal offence in Turkey, according to article No. 34 of the Passport Law, which was adopted in 1950. Any person entering Turkey by illegal means (without passport or any valid documents for entry) is first brought before a court; illegal migrants may be deported by Turkish National Police upon the court’s decision. 52. The Special Rapporteur notes that there are Governments that allow for corporal punishment (whipping) of irregular migrants in blatant violation of the human rights of immigrants. He notes with concern that there are countries in South-East Asia where both licensed and private individuals are involved in the brokerage of the de facto markets of irregular migrant workers involving gross violations of human rights derived from practices of trafficking and smuggling of migrants. 53. According to article 5 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention Against Transnational Organized Crime, each State party shall adopt such legislative and other measures as may be necessary to establish as criminal offences the following conduct, when committed intentionally: “trafficking in persons”, meaning the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation.2 C. Expulsion Question: Does the law in your country regarding the expulsion of non-nationals, in particular those in an irregular situation, require an individualized expulsion procedure allowing for the identification of vulnerable persons such as refugees, victims of trafficking, and unaccompanied children? If so, please give details regarding this process, including the authority responsible for this procedure and rights/assistance given to persons concerned with such a procedure. 2 Round Table 2: Measures to ensure respect for and protection of the human rights of migrants, and to prevent and combat smuggling of migrants and trafficking in persons, http://www.un.org/esa/population/hldmigration/Text/SummaryFinalRT2.pdf.