OSCE ODIHR Comments on the draft Law on the Protector of Human Rights and Freedoms of Montenegro Method of constitution and work of the working body referred to in paragraph 2 of this Article and other issues of relevance to the work of this body shall be regulated by the Rules of Procedure of the Protector. Cooperation with the Subcommittee Article 30 The Protector shall cooperate directly with the United Nations Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Protection from discrimination Article 31 The Protector is the institutional mechanism for protection against discrimination. The Protector shall act and take measures for protection from discrimination, in accordance with this Law and special Law that regulates the prohibition of discrimination. V PROCEDURE Confidentiality Article 32 A person, who files a complaint or participates in any way in the investigation undertaken by the Protector, may not be held liable nor, on this basis, brought into a less favorable position. Filing a complaint Article 33 Anyone who believes that by the act, action or failure to act of the authorities his human rights and freedoms are violated, may address the Protector with a complaint. If in question is a violation of the rights of the child, the complaint referred to in paragraph 1 of this Article may be filed on behalf of the child by his parent or guardian or legal representative. If the right of the child is violated by a person referred to in paragraph 2 of this Article, the complaint may be filed by the organization or authority dealing with the protection of child rights. The person referred to in paragraph 1 of this Article may address the Protector by proxy, legal representative, representative, as well as by organization dealing with human rights. A complaint can also be filed orally on the record in the office of the Protector. A person deprived of liberty shall have the right to file a complaint with the Protector in a sealed envelope. The administration of the authority, organization and institution in which resides a person deprived of liberty is obliged to immediately forward to the Protector the unopened and unreaded complaints and other documents belonging to that person. Complaint 33

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