OSCE ODIHR Comments on the draft Law on the Protector of Human Rights and Freedoms of Montenegro Non-competency of the Protector Article 26 Protector has no powers in relation to the work of the Parliament of Montenegro and the President of Montenegro. The Protector is not authorized to change, suspend or annul the acts of the authorities, to represent parties in the dispute, nor to lodge legal remedies on their behalf. Duty to Meet the Protector Article 27 The President of Montenegro, the President of the Parliament, the President and members of the Government of Montenegro, Municipal Mayor, the Mayor of the Capital City and the Mayor of the Old Capital, shall receive the Protector on his request, without delay and not later than five days from the request. IV SPECIAL POWERS OF THE PROTECTOR Authorization for the protection of persons deprived of their liberty Article 28 The Protector, the Deputy as well as the officer authorized by the Protector has the right to: - without prior notification, undertake a checkout of all facilities in prisons and other places where persons deprived of their liberty are held, or may be held; - without prior notification and approval, visit persons deprived of their liberty and verify the respect of their rights; - without presence of official or other person, talk to persons deprived of their liberty, in person or with an interpreter, as well as to other person for who he believes that may provide significant information. Prevention of torture Article 29 The Protector is the institutional mechanism for prevention of torture and other forms of inhuman treatment and punishment. In order to take measures referred to in paragraph 1 of this Article in accordance with the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Protector shall constitute working body formed from among experts in medicine, social welfare, protection of human rights and freedoms and other related areas of importance for the understanding of the situation of persons deprived of their liberty and other persons whit limited movement. Members of the working body referred to in paragraph 2 of this Article, along with representatives of the Protector, shall on occasional or regular basis perform visit to the places where persons deprived of their liberty and other persons with limited movement are held, based on the decision of the authority or its initiative, or with its consent or approval, check respect of their rights and make a report about that. On the basis of reports referred to in paragraph 3 of this Article, the Protector shall give opinions, suggestions and recommendations. The authority, organization or institution is obliged to, without delay, within provided deadline take actions and measures in accordance with the proposals and recommendations of the Protector. 32