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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