Part II Investigation Article 39 Self-incrimination Except for the purposes described in Articles 48 and 49, no statement made in the course of an investigation conducted by the Ombudsman for Human Rights and Justice or in any other proceedings being conducted by the latter shall be admissible as evidence in court, enquiry or any other procedure, nor shall such a statement be used against the person who made it. Article 40 Victimisation 1. No person shall be liable to prosecution for an offence committed by reason of his or her compliance with a requirement of the Ombudsman for Human Rights and Justice under this law. 2. Absence from work shall be deemed justified where it stems from the duty to appear before the Ombudsman for Human Rights and Justice. 3. No person, or a relative or associate to that person, shall be unfairly treated in their employment or be discriminated against by any other means by reason of his or her lodging a complaint, his or her cooperation with the Ombudsman for Human Rights and Justice, or by reason of his or her taking any action under this law. Article 41 Investigation procedure 1. The investigation shall be conducted with due respect of the rights and liberties of the persons involved. 2. Any investigation under this law shall be conducted in private. 3. A person who has been required to appear before the Ombudsman for Human Rights and Justice shall be permitted to appear with, or be represented by, a legal representative with the leave of the Ombudsman for Human Rights and Justice. 4. The Ombudsman for Human Rights and Justice may hear the entities or persons concerned. 5. The Ombudsman for Human Rights and Justice may also hear the person(s) the subject of a complaint, allowing him or her, or his or her representative, to provide the necessary clarifications and answer the allegations made against him or her in the complaint, within a reasonable deadline as determined by the Ombudsman. 6. In conducting investigations, the Ombudsman for Human Rights and Justice shall not be bound by the rules of civil and criminal procedure and evidence, but shall act objectively and fairly at all times. 19