(c) to propose to the National Parliament and the Government the adoption of legislative or
administrative measures for improving the functioning of services and respect for
administrative legality, namely for the elimination of factors favouring or facilitating
unlawful or unethical practices.
Part II
Powers
Article 28
Scope
For the purpose of performing his or her functions under Articles 23 to 27, the Ombudsman for
Human Rights and Justice shall have the following powers:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(l)
(m)
to receive complaints;
to investigate and inquire into matters under his or her competence;
to decide not to take any further action on, or dismiss, complaints brought before him
or her, pursuant to Article 37.3 below;
to order a person to appear before him or her or at another place deemed more
appropriate where it appears that person may have information relevant to an
investigation initiated or to be initiated;
to have access to any facilities, premises, documents, equipment, goods or
information for inspection and interrogate any person to whom the complaint relates
somehow;
to visit any place of detention, treatment or care in order to inspect the conditions
therein and conduct a confidential interview of the persons in detention;
to refer a complaint to a competent jurisdiction or another recourse mechanism;
to seek leave of the National Parliament to appear before a court, arbitration tribunal
or an administrative enquiry commission;
to act as a mediator or conciliator between the complainant and the agency or entity
which is the subject of a complaint, where the parties agree to submit to such a
process;
to make recommendations for redress in complaints brought before him or her,
notably by proposing remedies and reparations;
to provide advice including opinions, proposals and recommendations for the
purpose of improving respect for human rights and good governance by the entities
within his or her jurisdiction;
to report to the National Parliament in relation to the findings of an investigation or
in relation to his or her recommendations.
Article 29
Limits of powers
The Ombudsman for Human Rights and Justice shall not be empowered:
(a) to make decisions which dispose of fundamental human rights or freedoms;
(b) to set aside, revoke or modify the decisions of the agencies or entities affected, or make
compensation orders;
(c) to investigate the exercise of judicial functions or challenge a decision issued by a Court; or
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