The latest changes of the Criminal Procedure Code (CPC) were introduced in 2017 as part of the ongoing overarching justice reform which encompassed inter alia the adoption of the so called ‘justice reform legislative package’ comprised of 27 laws, including the amendments to the CPC aimed to increase the efficiency of the criminal proceedings and provide additional safeguards to the fair trial rights of defendants in line with international standards. Despite the positive developments at the legislative level, challenges persist at the operational level, thus further hampering the capabilities of the justice sector to efficiently investigate, prosecute and adjudicate criminal cases in line with international standards and best practices. The main reasons for these shortcomings are related to y the lack of both human and financial resources as well as the lack of capacities of the main justice actors to ensure a consistent and effective application of the criminal procedure rules. Notwithstanding the need for further enhancement of the institutional framework and individual capacities of judges, prosecutors and lawyers, the Presence in the previous years has implemented a number of activities aimed to provide technical assistance to the justice sector institutions in order to increase the efficiency and effectiveness of the criminal proceedings. Building on these previous efforts, the Presence in 2020 will conduct a comprehensive survey among judges, prosecutors and lawyers throughout Albania on challenges and concerns with regard to the implementation of the new Criminal Procedure Code (the CPC). The need for this activity became particularly apparent during the gap analysis the Presence’s Rule of Law and Human Rights Department conducted on prosecution and police cooperation in 2019, whereby challenges in investigation were often attributed to various aspects of the Criminal Procedure Code and its implementation. Therefore, particular attention will be paid to the new provisions pertaining to the investigative phase, efficiency of court proceedings and the principle of equality of arms in adversarial proceedings. The aim of this activity is to identify potential ambiguities in the legal framework, and inconsistencies and obstacles in applying procedural rules. Furthermore, findings from the survey will assist the national School of Magistrates (SoM) to identify the existing needs for enhancing the capacities of judges and prosecutors to implement the CPC in a more harmonized manner and in line with international standards and best practices. The local expert will carry out qualitative and quantitative research methods. To that end, the Presence will conduct a thorough desk research of the applicable legal framework and international standards using in house resources, whereas the expert will develop a questionnaire, conduct semi-structured interviews with selected judges, prosecutors and lawyers, conduct data analysis and draft the final report on findings and recommendations. Findings from the survey will be presented and discussed in a one-day technical workshop to be organized in Tirana in November 2020, for in total 25-30 participants, including judges, prosecutors, lawyers, HJC/HPC and School of Magistrates representatives.
A Local Expert in Criminal Procedure shall be hired to conduct a survey among judges, prosecutors and lawyers in Albania on the implementation of the new provisions of the Criminal Procedure Code.
Under the guidance of the OSCE Project Manager, the Local Expert is expected to
(i) develop an online questionnaire to be distributed among selected judges, prosecutors and lawyers based on the desk research conducted by the project staff; (ii) conduct semi-structured interviews; and
(iii) analyse the collected data and present findings and recommendation in the final report.
Specifically, the expert will:
Participate in a conference call (within a week from the contracting for this assignment), organized by the Presence’s point of contact to discuss the structure, content and format of the questionnaire, semi-structured interview and final report with findings and recommendations;
Review and analyse relevant laws, bylaws, regulations, and any other material documents and data pertinent to the object of the consultancy by the OSCE PiA;
Conduct semi-structured interviews, scheduled and confirmed in consultation with PiA designated staff, with the selected high level justice sector officials, as well as representatives of key international justice and investigative stakeholders such as EURALIUS, CoE and USAID;
Analyse the findings from the online questionnaires distributed among selected judges and from the semi-structured interviews. Report to the Presence on challenges of operations and achieved progress; and for that purpose, upon own initiative or upon request, attend online meetings with the OSCE Project Team;
Draft a comprehensive, substantiated narrative report containing the analyses of the data collected through questionnaires and interviews described in the foregoing as well as recommendations on short term and long term strategies and actions to address identified problems pertaining to legal framework and individual performance of judges, prosecutors and lawyers in the application of the new provisions of the CPC.
Continuously liaise with and if necessary seek advice from the OSCE Project Staff throughout the discharge of the consultancy activities.
Online questionnaire for judges, prosecutors and lawyers on the application of the new provisions of the CPC developed based on the findings from desk review conducted by the project staff.
Summaries of each interview with key justice sector officials, including key international justice and investigative stakeholders such as EURALIUS, CoE and USAID. The summaries shall be delivered together with the final report, or at an earlier date as shall be agreed on between the expert and OSCE Project Staff.
Final comprehensive, narrative report analysing all collected and assessed data, presenting findings on shortcomings in the application of the new provisions of the Criminal Procedure Code, and providing recommendations for better implementation of the CPC and addressing identified shortcomings. The report should contain the following:
a. Introduction and background; b. An overview of the legal and institutional framework; c. An analysis of the major novelties introduced with the latest amendments to the Criminal Procedure Code; d. Methodology of the survey; e. Elaboration of the findings from the data collected through questionnaire and semi-structured interviews; f. Recommendations for judges, prosecutors and lawyers for better application of the new criminal procedural rules and addressing identified shortcomings. Therefore, following clearance from OSCE Project Staff, payment shall be effectuated.
- Advanced university degree in law; - Minimum 7 years of professional experience in criminal law and criminal procedure as judge, prosecutor, lawyer or legal adviser; - Experience in conducting justice sector specific reviews, institutional assessments and/or evaluation/monitoring missions; - Ability to work independently and as part of a team; - Good spoken and written legal English; - Excellent analytical competence and interview skills; - Excellent legal drafting skills; - Computer literate with practical experience with Microsoft Office
- Experience in working as prosecutor, judge or criminal justice expert in international organizations or countries undergoing justice reform processes; - Previous similar experience in Albania or in the region
Remuneration: A total fee of 4,000 Euro paid in one instalment, upon the final certification of the Head of Department. Payment shall be effectuated only upon any final consideration of OSCE Project Staff are raised with and addressed by the expert, which shall be done within a maximum of 15 days from final submission.
All applications are due by 05 May 2020. If you wish to apply for this position, please use the OSCE's online application link found under https://jobs.osce.org/.
Should you have any question, kindly contact email@example.com
The OSCE retains the discretion to re-advertise the vacancy, to cancel the recruitment, to offer an appointment at a lower grade or to offer an appointment with a modified job description or for a different duration.
The OSCE is committed to diversity and inclusion within its workforce, and encourages qualified female and male candidates from all national, religious, ethnic and social backgrounds to apply to become a part of the organization.
Due to the current unpredictable situation, the start date may probably be revised according to the daily and rapidly evolving situation