In 2010, due to the increase of asylum seekers and irregular migrants and the lack of clarity over when detention was legally justifiable, the CoE passed the Detention of Asylum Seekers and Irregular Migrants in Europe Resolution 1707 (Resolution 1707).20 The resolution provided a 10-step guideline outlining when detention could be legally permissible, including clarifying that detention should be a last resort, and the necessity of distinguishing between asylum seekers and irregular migrants.21 Further, detention should be for the shortest time possible.22 Asylum seekers are not to be detained or penalized based solely on the fact that they lodged a claim or based on how they entered into the country (i.e. illegally vs. legally). Resolution 1707 also provides 15 rules governing minimum standards of conditions of detention for migrants and asylum seekers due to the conditions and safeguards afforded to immigration detainees who committed no crimes were often worse than those of criminal detainees.23 Detention of Asylum Seekers and Irregular Migrants in the Mediterranean In March 2011, in response to the influx of asylum seekers and migrants, the CoE released its “Proposal for Council of Europe action in respect of possible massive arrival of asylum seekers and migrants in Mediterranean member States.” The purpose of the proposal was to make the procedures efficient and in compliance with the ECHR, specifically the Right to Life, Prohibition of Torture, Right to Liberty and Security, and Right to an Effective Remedy (articles 2, 3, 5, and 13 respectively).24 The proposal recommended access to territory/protection, and reception, detention, and detention conditions.25 Reception facilities, food and living conditions 20 EUR. PARL. ASS., supra note 1 Id. 22 Id. 23 Id. 24 EUR. PARL. ASS., Proposal for Council of Europe action in respect of possible massive arrival of asylum seekers and migrants in Mediterranean member States, Doc. No. SG/Inf(2011)6, (2011). 25 Id. 21 11