A/HRC/1/L.10
page 43
2.
Appropriate measures shall be taken, where necessary, to protect the persons referred to
in paragraph 1, as well as persons participating in the investigation, from any ill-treatment,
intimidation or sanction as a result of the search for information concerning a person deprived
of liberty.
Article 19
1.
Personal information, including medical and genetic data, which is collected and/or
transmitted within the framework of the search for a disappeared person shall not be used or
made available for purposes other than the search for the disappeared person. This is without
prejudice to the use of such information in criminal proceedings relating to an offence of
enforced disappearance or the exercise of the right to obtain reparation.
2.
The collection, processing, use and storage of personal information, including medical
and genetic data, shall not infringe or have the effect of infringing the human rights, fundamental
freedoms or human dignity of an individual.
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.
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