OSCE ODIHR Comments on the draft Law on the Protector of Human Rights and Freedoms of Montenegro Rights Protector should be able to investigate all complaints, also anonymous ones, upon his/her own initiative. The same holds true in cases where information received points to a pattern of potential human rights violations (see par. 46 supra). 4.2.2.2. Confidentiality 50. Another issue linked to the procedure before the Human Rights Protector is the issue of confidentiality laid down in Articles 13 and 32 of the draft Law. Article 13 states that confidential and personal information which the Protector and deputies came to during the performance of their office shall be kept. Article 32, on the other hand, states that a person who files a complaint or participates in an investigation led by the Protector shall not be held liable or brought into a less favourable position due to this. 51. With regard to Article 13, it is essential that this provision also specifies that confidential and personal information must be kept in a secure place and that any personal information on an individual submitting a complaint to the office of the Protector shall be kept under strictest confidentiality unless this is waived by the individual. This would coincide with Article 34 par 2, which states that in their application, individuals shall indicate whether they agree to have their name disclosed during procedures. It is recommended to expand Article 13 accordingly. 52. Article 32 is vague in that it excludes liability or disadvantages caused by a procedure before the Human Rights Protector. The purpose of this provision is unclear – possibly it signifies that the Human Rights Protector should maintain confidentiality also with regard to actions of the individual which could cause liability under other legislation (perhaps of a criminal nature). This would, however, exceed the competences of a Human Rights Protector, who, while protecting the human rights of individuals, should not hamper or prevent criminal or other liability proceedings. 53. If, on the other hand, Article 32 intends to prevent negative publicity of individuals who have asked the Human Rights Protector for assistance, then such negative publicity could also be prevented by maintaining the confidentiality of these individuals’ personal information, as required by Article 13. 54. As the meaning and added value of Article 32 remain unclear, it is recommended to review this provision and subsequently revise it or merge it with Article 13 of the draft Law. 4.2.2.3. Complaints Procedure 55. Procedures before the Human Rights Protector usually start with the submission of an individual human rights complaint (Article 33 of the draft Law). While Article 33 states that anyone may file a complaint, Article 21 par 2 of the draft Law on investigation of violations of human rights and freedoms provides that investigations before the Protector shall initiate upon complaints of citizens. It is recommended to amend Article 21 par 2 so that all 17