OSCE ODIHR Comments on the draft Law on the Protector of Human Rights and Freedoms of Montenegro Article 44 The Protector shall not continue with the investigation of a complaint if 1) finds that the court procedure was initiated after the complaint had been filed with the Protector; 2) the complainant does not cooperate in the procedure; 3) the complainant withdraws the complaint; 4) the authority remedies the committed violation in the meantime; 5) after filing the complaint the complainant dies, unless the heirs request the procedure to continue. Experts and witnesses Article 45 For the purpose of investigation, the Protector may call any person possessing appropriate knowledge or information about allegations of the complaint to appear as a witness, or engage an expert or a person possessing adequate knowledge. The persons referred to in paragraph 1 of this Article are obliged to respond to a request. The persons referred to in paragraph 1 of this Article shall have the right to remuneration or reimbursement of expenses, in accordance with the regulations governing the award and payment of costs in court procedures, which are paid from the budget of the Protector . Final Opinion Article 46 After the completion of the investigation procedure of the complaint or on its own initiative, the Protector shall give the final opinion. The final opinion shall contain a finding on whether, how and to what extent a violation of human rights and freedoms occurred. When the Protector finds that violation of human rights and freedoms occurred, the final opinion shall contain a recommendation as to what needs to be done in order to remedy that violation, as well as the deadline for authority to take action. Acting upon recommendation Article 47 The authority on whose work the recommendation refers is obliged to submit to the Protector, within the deadline the later stipulates, a report on actions taken for execution of the recommendations given in the final opinion. If the authority fails to comply with the recommendation, the Protector may address the immediate higher authority, the public or submit a special report about that. Notification on completion of the procedure Article 48 Protector shall notify the complainant on the completion of the procedure. Procedure for determination of liability 36