Alternatives to detention for asylum seekers and people in return procedures Separated Children Outside their Country of Origin, 1 September 2005, CRC/GC/2005/6 detention is exceptionally justified for other reasons, it shall be conducted in accordance with article 37(b) of the Convention that requires detention to conform to the law of the relevant country and only to be used as a measure of last resort and for the shortest appropriate period of time. In consequence, all efforts, including acceleration of relevant processes, should be made to allow for the immediate release of unaccompanied or separated children from detention and their placement in other forms of appropriate accommodation. Executive Committee of the High Commissioner’s Programme (ExCom) ExCom Conclusions No. 85 (XLIX), 9 October 1998 (dd) Deplores that many countries continue routinely to detain asylumseekers (including minors) on an arbitrary basis, for unduly prolonged periods, and without giving them adequate access to UNHCR and to fair procedures for timely review of their detention status; notes that such detention practices are inconsistent with established human rights standards and urges States to explore more actively all feasible alternatives to detention. UN Working Group on Arbitrary Detention Report of the Working Group on Arbitrary Detention, 18 January 2010, A/HRC/13/30 60. The detention of minors, particularly of unaccompanied minors, requires even further justification. Given the availability of alternatives to detention, it is difficult to conceive of a situation in which the detention of an unaccompanied minor would comply with the requirements stipulated in article 37 (b), clause 2, of the Convention on the Rights of the Child, according to which detention can be used only as a measure of last resort. Report of the Working Group on Arbitrary Detention, 16 February 2009, A/HRC/10/21 75. The Working Group feels bound to reiterate that detention shall be the last resort and permissible only for the shortest period of time, and that alternatives to detention shall be sought whenever possible, all of which particularly concern the deprivation of liberty applied to asylumseekers, refugees and irregular migrants. Furthermore, the Working Group feels that immigrants in irregular situations should not be qualified or treated as criminals and viewed only from the perspective of national security. Report of the Working Group on Arbitrary Detention, 10 January 2008, A/HRC/7/4 [T]he Working Group identifies several shortcomings it has observed in connection with the detention of [irregular] immigrants and asylumseekers. The Working Group recalls the obligation of States to consider alternatives to administrative custody from which foreigners can benefit. 53. The Working Group would further recall the obligation of States to consider alternatives to administrative custody from which the alien can benefit in accordance with Guarantee 13 [see below] as developed by the Working Group in its legal opinion on the situation regarding immigrants and asylum-seekers. […] 80. Regarding detention of asylum-seekers and illegal immigrants, the Working Group addresses the following recommendations to States: […] (b) The Working Group requests States to use detention of asylumseekers and illegal immigrants only as a last resort, and encourages them to explore alternatives to detention, such as supervised release, 9