A/HRC/33/51 (d) State obligations in the context of the enforced disappearance of migrants 70. The Working Group also aims at addressing in greater detail some of the obligations that States bear under international law to prevent and remedy enforced disappearances of migrants. (i) Prevention of enforced disappearance of migrants 71. States have an obligation to adopt effective legislative, administrative, judicial and other measures, including migratory policy-related measures, in order to prevent and terminate acts of enforced disappearances of migrants in their territory.33 All acts of enforced disappearances shall also be offences under criminal law punishable by appropriate penalties, which shall take into account their extreme seriousness.34 72. No order or instruction of any public authority, civilian, military or other, may be invoked to justify an enforced disappearance35 and States must ensure that orders or instructions directing, authorizing or encouraging any enforced disappearance are prohibited. Accordingly, States must ensure that no pretext, such as a migratory crisis, can justify acts of enforced disappearances, including disappearances of migrants. 73. Other preventive measures need to be specifically tailored to address factors that increase the risk of disappearances of migrants, such as by ensuring language services in migratory processes, ensuring better control of dangerous routes, investigating, prosecuting and sanctioning organized criminal organizations who abuse migrants etc. (ii) Detention of migrants and deportation procedures 74. Migrants deprived of liberty must be held in an officially recognized place of detention and their detention must be formally registered, including with accurate information on their detention and place or places of detention. 36 An official up-to-date register of all migrants deprived of their liberty shall be maintained in every place of detention. Those provisions are equally applicable to all migrants irrespective of the regularity of their migratory status. The Working Group will assess the scope of that obligation in the light of the different contexts of capture and detention of migrants, as well as the particular nature and cause of the detention. 75. Similarly, all deportation of migrants must be formally documented and undertaken in accordance with the law in order to avoid disappearances during those processes, including temporary disappearances. Accordingly, all migrants deprived of liberty must be released in a manner permitting reliable verification that they have actually been released and, further, have been released in conditions in which their physical integrity and ability to exercise fully their rights are assured.37 76. Migrant detainees should also be allowed to communicate with their loved ones and representatives, and should be informed of their right to communicate with the consular authorities of their country of origin. 38 33 34 35 36 37 38 12 See art. 3 of the Declaration. See art. 4 of the Declaration. See arts. 6 and 7 of the Declaration. See art. 10 of the Declaration. See art. 11 of the Declaration. See art. 17 (2) (d) of the International Convention for the Protection of All Persons from Enforced Disappearance and art. 16 (7) of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.