Article 20

1. Only where a person is under the protection of the law and the deprivation of liberty

is subject to judicial control may the right to information referred to in article 18 be

restricted, on an exceptional basis, where strictly necessary and where provided for by

law, and if the transmission of the information would adversely affect the privacy or

safety of the person, hinder a criminal investigation, or for other equivalent reasons in

accordance with the law, and in conformity with applicable international law and with

the objectives of this Convention. In no case shall there be restrictions on the right to

information referred to in article 18 that could constitute conduct defined in article 2

or be in violation of article 17, paragraph 1.

2. Without prejudice to consideration of the lawfulness of the deprivation of a

person’s liberty, States Parties shall guarantee to the persons referred to in article 18, paragraph 1, the right to a prompt and effective judicial remedy as a means of

obtaining without delay the information referred to in article 18, paragraph 1. This

right to a remedy may not be suspended or restricted in any circumstances.

Article 21

Each State Party shall take the necessary measures to ensure that persons deprived of

liberty are released in a manner permitting reliable verification that they have actually

been released. Each State Party shall also take the necessary measures to assure the

physical integrity of such persons and their ability to exercise fully their rights at the

time of release, without prejudice to any obligations to which such persons may be

subject under national law.

Article 22

Without prejudice to article 6, each State Party shall take the necessary measures to

prevent and impose sanctions for the following conduct:

(a) Delaying or obstructing the remedies referred to in article 17, paragraph 2 (f), and

article 20, paragraph 2;

(b) Failure to record the deprivation of liberty of any person, or the recording of any

information which the official responsible for the official register knew or should have

known to be inaccurate;

(c) Refusal to provide information on the deprivation of liberty of a person, or the

provision of inaccurate information, even though the legal requirements for providing

such information have been met.

II SÉRIE-A — NÚMERO 168_____________________________________________________________________________________________________________

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