OSCE ODIHR Comments on the draft Law on the Protector of Human Rights and Freedoms of Montenegro Article 34 The complaint shall contain the title of the authority to whose work it refers to, the description of the violation of human rights and freedoms, the facts and evidence to support the complaint, information about the legal remedies used so far, name and address of the complainant as well as an indication of whether the applicant agrees that his name can be disclosed during the procedure. Amending the complaint Article 35 If the complaint does not contain all necessary information or is incomprehensive, the Protector may require the complainant to amend it within a specified period of time. Deadline for filing the complaint Article 36 The complaint shall be filed within six months from the day of cognition about the violation of human rights and freedoms, or within one year from the occurred violation. Exceptionally, the Protector may act after the expiration of the deadline set forth in paragraph 1 of this Article, if he assesses that the importance of the case requires that. Exhaustion of legal remedies Article 37 The Protector may, in the process of investigation of the complaint, refer the complainant to exhaust other legal remedies to remedy the violation he is indicating, if it considers that the violation can be remedied only with those remedies or the remedy of the violation would be more efficient. Decision not to act upon the complaint Article 38 The Protector shall not act upon the complaint if: 1) is not competent for taking the action; 2) the complaint is anonymous; 3) it is submitted after the expiration of the prescribed deadline, except for cases referred to in Article 36 paragraph 2 of the present Law; 4) it does not contain the necessary information, and if the complainant fails to amend it within the prescribed deadline; 5) if the complainant withdraws the complaint before starting the investigation procedure; 6) if the complainant fails to act in accordance with Article 37 of this Law; 7) the complaint is re-filed, but does not contain new evidence; 8) if there is an obvious abuse of the right to file the complaint. Notification Article 39 34

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