OSCE/ODIHR Opinion on the Draft Law on Amendments to the Law on the Protector of Human
Rights and Freedoms of Montenegro
1) add additional functions relating to the “promotion of human rights”; [pars
17, 38 and 39]
2) provide under Article 7 of the Draft Law (amending Article 23 of the
Human Rights Protector Law) that the obligation to receive the Human
Rights Protector shall extend to any state and/or local official and include
the duty to meet with the Protector’s Deputies, advisors and members of the
working body; [par 27]
3) expressly mention additional powers and functions of the Protector as an
anti-discrimination and equality body, to ensure consistency between the
Human Rights Protector Law and the Draft Amendments to the AntiDiscrimination Law; [pars 38-39]
J. to provide under Article 8 of the Draft Law for the deletion of Article 24 of the
Human Rights Protector Law, to avoid duplication; [par 36]
K. to supplement Article 10 of the Draft Law (introducing new Articles 25b and 25c
to the Human Rights Protector Law) as follows:
1) specify under Articles 25b (first indent) and 25c (first indent) that the
Human Rights Protector has the power to carry-out regular visits to all
places where persons are or may be deprived of their liberty; [par 31]
2) add under Article 25b (second indent), as well as under new Article 43a
introduced by Article 15 of the Draft Law, that the authorities and the
Human Rights Protector will enter into a dialogue on proper implementation
measures; [pars 32 and 44]
3) define under the last paragraph of Article 25b “persons deprived of liberty”
to reflect the definition of “deprivation of liberty” of Article 4 par 2 of the
OPCAT; [par 33]
4) amend and supplement the new Article 25c relating to access to information
and monitoring of places where persons are deprived of their liberty to fully
comply with Article 20 of the OPCAT; [par 34]
L. to include under Article 12 of the Draft Law (amending Article 30 of the Human
Rights Protector Law) the possibility for an individual to also submit a complaint
by proxy or representative acting on his/her behalf; [pars 26 and 41]
M. to consider supplementing Chapter V of the Human Rights Protector Law on the
complaints-handling procedure with the following additional powers and
functions relating to the quasi-judicial competency of the Human Rights
Protector:
1) receive complaints against both public and private bodies for any human
rights violation, not only in discrimination cases; [pars 18 and 26]
2) seek an amicable and confidential settlement of the complaint through an
alternative dispute resolution process; [pars 26 and 39]
3) refer its findings to courts of law or specialized tribunals for adjudication in
all cases; [par 26]
4) seek enforcement through the court system of its decisions on the resolution
of complaints; [par 26]
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