OSCE ODIHR Comments on the draft Law on the Protector of Human Rights and Freedoms of Montenegro The Protector shall notify the complainant as to the reasons for not taking the action upon the complaint and shall advise him about the possibility of possible achievement of the protection of his rights before the other authority. Comments on complaint Article 40 When the Protector assesses that the complaint meets the requirements for taking the action, it shall notify the complainant and the head or the chief of the authority on which the act, action or failure to act the complaint refers to. In the notification to the head or the chief of the authority, the Protector shall stipulate the content of the complaint. The head or the chief of the authority is obliged to comment the allegations of the complainant within a deadline set forth by the Protector, which cannot be shorter than eight days. If the Protector assesses that the comments of the person referred to in paragraph 3 of this Article does not contain all the necessary information, may request additional data, information and copies of documents. Other duties of the authority Article 41 The authority is obliged to make available to the Protector on his request, all data and information within its jurisdiction, regardless of the level of confidentiality and to allow free access to all premises. The authority is obliged to allow to the Protector on his request, direct access to official files, documents, data, and to submit copies of requested files and documents, in accordance with the regulations governing the confidentiality and protection of personal data and rules on handling official files and documents. Failure to act on the Protector’s request Article 42 Should the authority fails to comply with the request of the Protector within the specified deadline, it shall, without delay, inform the Protector of the reasons for failing to act upon the request. Failure to act upon the request of the Protector shall be considered an obstruction of his work, of which the Protector may inform the immediate superior authority, the Parliament or the public. Mandatory cooperation Article 43 All authorities are obliged to provide the Protector with adequate assistance, upon his request. Suspension of investigation 35