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4. Member States should ensure that Ombudsman institutions
operate in a conducive environment which allows them to carry out their
mandate independently of any provider of public services over which they
hold jurisdiction, in an effective manner and in a climate of impartiality,
integrity, transparency and fairness.
5. Member States should take effective measures to enable
Ombudsman institutions to require all administrative authorities and other
relevant entities to co-operate with their activities, to have unfettered
access to all relevant premises, including places of detention, and to all
relevant individuals, in order to be able to carry out a credible examination
of complaints received or other issues covered by their mandate.
Ombudsman institutions should also have access to all pieces of
information needed for such examination, subject to possible restrictions
stemming from the protection of other rights and legitimate interests, and
to guarantee the confidentiality of the data in its possession.
6. Member States should provide Ombudsman institutions with
adequate, sufficient and sustainable resources to allow them to carry out
their mandate in a fully independent manner. Ombudsman institutions
should be able to appoint their own staff and to ensure that they receive
adequate training.
7. Member States should take all measures necessary to protect
Ombudsman institutions against threats and harassment. Any cases of
alleged reprisal or intimidation against Ombudsman institutions and their
staff, or against individuals who co-operate or seek to co-operate with
them, should be promptly and thoroughly investigated and the
perpetrators brought to justice.
II. Main tasks of Ombudsman institutions
8. Member States should ensure that the mandate given to
Ombudsman institutions empowers them, in particular, to:
a. take action upon complaints received or on their own initiative,
in order to protect any person or group of persons against
maladministration, violation of rights, unfairness, abuse,
corruption or any injustice caused by providers of public
services, public or private, notably by providing right-holder-
friendly, non-judicial means to facilitate the resolution of
disputes between individuals and providers of public services,
which may include mediation, as appropriate;
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