CHAPTER V
COMPLAINTS HANDLING PROCESS
Part I
Processes and Procedure
Article 35
Initiative
The Ombudsman for Human Rights and Justice shall act on the basis of a complaint or
representation, individual or collective, or on his or her own initiative.
Article 36
Lodgement of complaints
1. Any natural or legal person may, directly or through their representative, address complaints to
the Ombudsman for Human Rights and Justice about violations and infringements as set out in
Articles 23 to 27 of the present law.
2. Complaints shall be made orally or in writing, and shall include the complainant’s identity and
contact address.
3. Where a complaint is made in writing, it shall be signed by the complainant, if he or she is able to
sign, or his or her legal representative or agent.
4. Where a complaint is made orally, it shall be reduced to writing and signed by the person to
whom the complaint is made and by the complainant, if he or she is able to sign; where the
complainant is not able to sign, his or her fingerprint shall be taken.
5. Except as otherwise provided, where a letter written by a person held in any place of detention or
a patient in a hospital or other institution is addressed to the Ombudsman for Human Rights and
Justice, it shall be immediately forwarded in a sealed envelop, unopened and unaltered by the
person in charge of the place or institution where the writer of the letter is detained or in which he
or she is a patient.
6. Where a person who may have laid a complaint under this law has died or is for any reason
unable to act for himself or herself, the complaint may be continued by a member of his or her
family, by his or her legal representative or other individual suitable to represent him or her.
7. Complaints can only be lodged in connection with acts or omissions, which were committed after
the entry into force of the present law.
8. Complainants shall not be required to pay a fee, compensation, tax or charge in respect of the
lodgement of a complaint, or in respect of the handling of such complaint or services provided by
the Office.
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