detention are rarely used or have not even been included in national law, notwithstanding all obligations to consider such alternatives. 9. In view of the above-mentioned considerations, the Assembly calls on member states of the Council of Europe in which asylum seekers and irregular migrants are detained to comply fully with their obligations under international human rights and refugee law, and encourages them to: 9.1. follow 10 guiding principles governing the circumstances in which the detention of asylum seekers and irregular migrants may be legally permissible. These principles aim to ensure that: 9.1.1. detention of asylum seekers and irregular migrants shall be exceptional and only used after first reviewing all other alternatives and finding that there is no effective alternative; 9.1.2. detention shall distinguish between asylum seekers and irregular migrants; asylum seekers must be protected from penalties on account of their unauthorized entry or presence; 9.1.3. detention shall be carried out by a procedure prescribed by law, authorized by a judicial authority and subject to periodic judicial review; 9.1.4. detention shall be ordered only for the specific purpose of preventing unauthorized entry into a state’s territory or with a view to deportation or extradition; 9.1.5. detention shall not be arbitrary; 9.1.6. detention shall only be used when necessary; 9.1.7. detention shall be proportionate to the objective to be achieved; 9.1.8. the place, conditions and regime of detention shall be appropriate; 9.1.9. vulnerable people should not, as a rule, be placed in detention and specifically unaccompanied minors should never be detained; 9.1.10. detention must be for the shortest time possible; 52