• WHEN YOU CAN ADDRESS THE OMBUDSMAN?
• WHAT ARE THE COMPETENCES OF THE OMBUDSMAN IN THE AREA OF JUDICIARY?
• HOW TO ADDRESS THE OMBUDSMAN?
• PROCESSING COMPLAINTS
• HOW CAN SOMEONE DEPRIVED OF LIBERTY ADDRESS THE OMBUDSMAN?
• WHAT HAPPENS WHEN THE OMBUDSMAN FINDS THAT THERE HAS BEEN A VIOLATION OF HUMAN RIGHTS?
• WHEN WILL THE OMBUDSMAN NOT PURSUE A COMPLAINT?
• WHAT ELSE CAN THE OMBUDSMAN DO?
• WHAT CAN THE OMBUDSMAN NOT DO?
• FREQUENTLY ASKED QUESTIONS?

You can address the Ombudsman when your human rights or freedoms were violated by means of an enactment, act or failure to act on the part of:

• state authorities (i.e. the Government, Ministries, Administrations, governmental agencies, the judiciary),
• authorities of local self-government (i.e. municipal authorities),
• public services and other holders of public power (i.e. healthcare facilities, schools, faculties, public enterprises, etc).

The Ombudsman takes certain steps when your human rights have been violated by way of the following:

• a wrongful application of laws and regulations,
• a breach of administrative procedure,
• a failure to act upon your requests,
• the withholding of requested information,
• non-enforcement of rendered decisions,
• wrongfully established facts,
• unjustifiably long proceedings.

The Ombudsman’s services are free of charge.

The Ombudsman does not have competencies with respect to the work of courts, expect in the case when:

• court proceedings are unjustifiably delayed,
• procedural powers are abused (denial of procedural rights, failure to deliver court),
• court decisions are not enforced.

If you believe that your human rights and freedoms have been violated you can file a complaint with the Ombudsman. You may address the Protector through an appropriate association or organisation or through an MP.

On you behalf the complaint may be submitted by another person. In that case, your written authorisation is required.

You can contact the Ombudsman by telephone, by way of letter or directly by visiting his Office which is open every working day. If you wish to meet the Ombudsman or his deputy, you must firstly contact him by telephone (number +38220 /655-517; 655-515) in order to appoint a meeting. It will help if you bring to the meeting all the relevant documents which relate to your complaint (e.g. letters, decisions, appeals etc)

Your complaint must be understandable and complete. It should include the following information:

• the name and address of the authority whose work it refers to,
• a description of the alleged violation of human rights and freedoms,
• all the facts and any evidence corroborating your complaint,
• details of any action taken by you in order to remedy the problem,
• your name, address and contact details such as telephone and email,
• a statement indicating whether or not you agree that your name can be disclosed during the complaint proceedings.

If your complaint does not contain all the required information, we may ask you to provide further information.

Proceedings before the Ombudsman are confidential and no person who files a complaint or takes part in any way in proceedings carried out by the Ombudsman may be called to account or put into a less favorable position on such grounds.

The complaint must be lodged with the Ombudsman within one year after the date the violation of human rights was committed, or from the date the violation became known. In exceptional cases, the Ombudsman may act after the expiry of the deadline if he assesses that the case is particularly important.

The Protector shall also act ex officio when comes into possession of reliable information that human rights and freedoms have been violated by means of enactment, action or failure to act of the authorities. In that case the consent of the injured person has to be obtained.

If the Ombudsman assesses that your complaint satisfies the required criteria, he shall notify you and the authority against whom the complaint relates.

The authority is obliged to respond to the allegations outlined in the complaint within a period set by the Ombudsman.

If the Ombudsman requires, the authority is under a duty to provide him with access to all required information, regardless of the level of secrecy, as well as free access to the premises of that authority.

The Ombudsman may summon for questioning, either as an expert or a witness, any person who possesses relevant knowledge or information about the allegations from the complaint.

The Protector may request that, prior to his consideration of the complaint, other legal remedies for redressing the violation which you refer to be exhausted, if he finds such course of action more efficient.

When the Ombudsman finds that a violation occurred, he issues an opinion and makes a recommendation to the authority specifying what needs to be done in order to correct the violation. He sets a deadline for compliance with his recommendation.

The authority is then under a duty to give the Ombudsman a report detailing the measures taken with a view to implementing his recommendations.

If the authority fails to comply with the Ombudsman’s recommendation, the Ombudsman can:

• refer the matter to the immediate superior authority,
• address the Parliament of the Republic of Montenegro ,
• most importantly, address the public of Montenegro .

• If it is anonymous.
• If it refers to violations which occurred before the Law on Protector of Human Rights and Freedoms entered into force ( 18 th July 2003 ).
• If the complaint is lodged after the expiry of the set deadline unless the Ombudsman assesses that the case is of particular importance.
• If it does not contain the required information, and the complainant fails to provide further information within a set period.
• If other legal remedies seeking redress of the violation have not been exhausted, when the Ombudsman instructed the complainant to pursue such remedies.
• If a complaint is re-filed, but does not contain new evidence .
• it constitutes an apparent abuse of the right to file a complaint.

The Ombudsman shall notify you of the reasons for not proceeding upon the complaint and shall instruct you how you might pursue protection of your rights before other bodies .

• The Ombudsman cannot assess the legality of court decisions, nor amend, overturn or annul court decisions.
• He cannot amend, overturn or annul state authorities’ decision nor can he act as a substitute of a second instance body .
• He cannot legally represent you, nor can he undertake procedural actions on your behalf.
• He cannot directly carry out a criminal investigation .
• He cannot award compensation for human rights violations.
• He cannot mediate in disputes between private parties.
• He cannot make orders, bans or pronounce punishments.

• When and how can I address the Protector?
• Can the Protector change the decision rendered by a court or public authority?
• Can the Protector act as my lawyer and represent my interests before a court?
• Can the Protector award compensation for human rights violations?
• As a person deprived of liberty, how can I address the Protector?
• Can the Protector mediate in disputes between private individuals?
• How can the Protector help me when court proceedings are still in progress?