| Background |
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The Office for Democratic Institutions and Human Rights (ODIHR) is seeking an experienced consultant to update and further develop the trial monitoring methodology and tools for use in the EU-funded Project “Supporting a More Effective Administration of Justice in Corruption and Organised Crime Cases in the Western Balkans through Trial Monitoring”.
ODIHR is the principal institution of the OSCE responsible for the human dimension of security. It is active throughout the OSCE area in the fields of election observation, democratic development, human rights, tolerance and non-discrimination, and rule of law.
ODIHR’s Rule of Law Unit (RoL) is part of the Democratization Department (DEM) and is tasked with supporting OSCE participating States in fulfilling their OSCE commitments in the area of trial monitoring, criminal justice reform, judicial and prosecutorial independence, gender, diversity and justice and administrative justice.
Throughout 2019-2020, ODIHR participated in the development of a project proposal for an approximately EUR 6 million EU-funded project on monitoring corruption and organized crime in the Western Balkans. The Project “Supporting a More Effective Administration of Justice in Corruption and Organised Crime Cases in the Western Balkans through Trial Monitoring” (TM OCC WB project) will be implemented by the OSCE, including five field operations in SEE (with the possibility of the Mission to Serbia to later join), the Conflict Prevention Centre (CPC), and ODIHR, over 36 months starting in early 2021. The objective of the Project is to support a more effective judicial response by the authorities to corruption and organised crime in the Western Balkans, with the key activity involving monitoring of at least 50 corruption and organized crime related cases in each jurisdiction, for a total of at least 250 cases (300 if the Republic of Serbia later decides to participate) during the course of the project.
The ODIHR role in the TM OCC WB Project is to develop tailor-made trial monitoring methodology and tools, a tailor-made set of training modules, to conduct the training of monitors, and to contribute to the inception report. Most of the work of ODIHR will be undertaken during the six-month inception phase planned to commence in January 2021, during which a Project Officer will be hired to co-ordinate implementation of the project under the supervision of the ODIHR Rule of Law team and a number of consultants will be hired to provide expert support in the above tasks.
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| Tasks and Responsibilities |
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Under the overall supervision of the Chief of the Rule of Law Unit (RoL) and guidance of the ODIHR Project Officer, and in close collaboration with another consultant with expertise in international standards on organised crime and corruption (OCC) (Standards Consultant), the Methodology Consultant will undertake the tasks and deliverables as detailed below in the English language. She/he will be expected to familiarise themselves with the TM OCC WB project. As most of the deliverables will need to be reviewed by multiple stakeholders of the project, including the donor, the ODIHR Rule of Law team, OSCE Field Operations, and/or the OSCE Secretariat, the consultant must be able to flexibly and rapidly respond to any changes to deadlines or requests that arise from these stakeholders.
Task 1: Update the OSCE trial monitoring methodology to fit the TM OCC WB. Key elements of the methodology will be agreed between the consultant and ODIHR, but will include at a minimum the following: definition of crimes; criteria for case selection; guidelines for data collection and analysis; guiding principles for in-court trial monitoring, including on observance of presumption of innocence in the monitored cases in public space; guidelines for trial monitoring reporting; guidelines on analysis of court decisions and reporting on shortcomings identified through such analysis. The consultant will use as a basis the ODIHR Trial Monitoring Methodology, but should also draw from other trial monitoring methodologies, especially relevant thematic monitoring methodologies in particular from the OSCE FOs. The methodology will be based on and include, as relevant, the regional and international legal framework relating to corruption and organized crime. It will be designed to identify legislative, institutional, and individual capacity issues amongst judges and prosecutors. The consultant will be assisted by, and will closely collaborate with, the Standards Consultant, who will provide specialized expertise and input related to OCC. The consultant will apply gender and diversity sensitive perspectives to this work and will use gender-neutral and diversity-sensitive language in all written output. As a result of this task, the consultant will produce the following deliverables:
- This task will result in Deliverable 1.1, a draft structure of the proposed trial monitoring methodology for monitoring corruption and organised crime trials and analysis of court decisions in such cases. The draft structure should contain sufficient elements for ODIHR to understand the content of the full methodology and should explain how the methodology will be developed. The draft structure of the methodology should be provided for ODIHR’s approval within one week of the start of the contract or as otherwise agreed with ODIHR. The consultant should address any comments received from ODIHR within 3 working days.
- This task will result in Deliverable 1.2, a full monitoring methodology of trials and analysis of OCC cases, based on the approved structure and in accordance with written and verbal guidance provided by the Project Officer and ODIHR, and incorporating specialized input and suggestions from the Standards Consultant as appropriate. The full methodology for monitoring OCC cases should be provided to ODIHR in a Microsoft Word document within 20 working days from ODIHR’s approval of the draft structure. Any ODIHR comments should be addressed within 3 working days.
Task 2: Update the trial monitoring tools to fit the TM OCC WB. The Methodology Consultant will develop and where appropriate adapt the existing tools and templates to produce all necessary tools for the project, including at a minimum the following: Code of Conduct and Guidelines for monitors and templates for trial monitoring reporting (including checklists and templates for observation of hearings, for analysis of indictments, for analysis of verdicts, etc.). The Standards Consultant will provide specialized input and review these tools where appropriate, and will develop an additional tool, a legal reference manual on regional and international standards in OCC. The Methodology Consultant will agree a division of labour with the Standards Consultant, in consultation with the Project Officer, and will review and provide comments to ODIHR on all input from the Standards Consultant, including the legal reference manual. The consultant will use as their main reference the existing ODIHR tools, the Code of Conduct and Guidelines for monitors. The consultant will develop draft structure of the tools and request approval from ODIHR before commencing work on the actual project tools. The consultant apply gender and diversity sensitive perspectives to this work and will use gender-neutral and diversity-sensitive language in all written output. This task will result in the following deliverables:
- This task will result in Deliverable 2.1, an outline of proposed trial monitoring tools, with suggested timeline for development and planned division of labour with the Standards Consultant. The outline should be presented to ODIHR for approval within five working days of submission of the monitoring methodology (Deliverable 1.2). Any comments from ODIHR should be addressed within 3 working days.
- This task will result in Deliverable 2.2, the full set of trial monitoring tools to complement the methodology for monitoring cases in the TM OCC WB based on the approved structure and in accordance with written and verbal guidance provided by the Project Officer and ODIHR, and incorporating input from the Standards Consultant. This deliverable will be presented to ODIHR according to the timeline agreed with ODIHR at the outline stage. Any comments from ODIHR should be addressed within 3 working days.
Task 3: Support ODIHR to organise a meeting with OSCE Field Operations to discuss the draft trial monitoring methodology and tools; whether the meeting will be in-person or online remains to be confirmed and will be informed by any Covid-19 travel restrictions in place at the time. Outcomes and feedback from this meeting will be incorporated into the methodology and tools. The Methodology Consultant should co-ordinate closely with the Project Officer and the Standards Consultant to develop an agenda for the meeting, prepare presentation or other appropriate materials for the meeting, and deliver a presentation and/or lead relevant sections of the meeting. The consultant will apply gender and diversity sensitive perspectives to this work and will use gender-neutral and diversity-sensitive language in all written output and oral presentations. This task will result in the following deliverables:
- This task will result in Deliverable 3.1, a contribution to ODIHR correspondence with OSCE FOs for the organisation of the meeting, contribution to the development of the agenda of the meeting, and contribution to a meeting report incorporating the suggestions and requests of participants.
- This task will result in Deliverable 3.2, a presentation and/or materials to present during the co-ordination meeting with the OSCE FOs, submitted to OSCE/ODIHR at least one week prior to the meeting. Any comments from ODIHR should be addressed within 3 working days.
- This task will result in Deliverable 3.3, delivery of a presentation during the co-ordination meeting with the OSCE FOs. The presentation should cover the OSCE trial monitoring methodology and tools for monitoring organised crime and corruption hearings and analysis of court decisions as part of TM OCC WB.
Task 4: Adjust the draft trial monitoring methodology and tools based on inputs from OSCE FOs. Following the meeting under Task 3, the Project Officer, the Standards Consultant, and the Methodology Consultant will agree on division of labour for revising the methodology and tools based on the expertise of each consultant. The consultant will apply gender and diversity sensitive perspectives to this work and will use gender-neutral and diversity-sensitive language in all written output. The Methodology Consultant will provide the deliverables under this task within five working days of the meeting organized under Task 3 or as otherwise agreed with ODIHR. This task will result in the following deliverables:
- This task will result in Deliverable 4.1, a revised Monitoring Methodology of hearings and analysis of court decisions covering corruption and organised crime related crimes based on the feedback of OSCE FOs and other project partners. The consultant will address any ODIHR comments within 3 working days.
- This task will result in Deliverable 4.2, a Revised Code of Conduct and Guidelines for monitors, Template for observations of hearing, Template for analysis of court decisions, and any other tools developed for the Project based on the feedback of OSCE FOs and other project partners. The consultant will address any ODIHR comments within 3 working days.
Deliverables & indicative work plan
The Consultant will update the OSCE trial monitoring methodology and tools (reporting templates, guidelines etc.) to enable effective monitoring of organised crime and corruption cases as part of the EU-funded OSCE Project on monitoring corruption and organised crime in the Western Balkans.
- Draft structure of trial monitoring methodology to OSCE/ODIHR - one week after contract start;
- Full trial monitoring methodology to OSCE/ODIHR - twenty working days after approval of the draft structure;
- Outline of proposed trial monitoring tools, with suggested timeline for development and planned division of labour with the Standards Consultant to OSCE/ODIHR - within 5 working days after submission of full trial monitoring methodology;
- Full set of trial monitoring tools to OSCE/ODIHR - according to timeline agreed in outline;
- Draft presentation and/or materials for meeting - one week before meeting scheduled with OSCE FOs (Date: TBC);
- Presentation delivered - meeting day with OSCE FOs (Date: TBC);
- Revised monitoring methodology and tools in accordance to agreements made during meeting. - one week after meeting with FOs (Date: TBC).
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| Necessary Qualifications |
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- First-level university degree in law, advanced degree advantageous;
- At least 8 years of professional experience in trial monitoring or related field, and/or development of monitoring tools (trial monitoring methodology or trial monitoring guidelines) for monitors in OSCE, international organization, or an NGO;
- Excellent knowledge of trial monitoring in general and of ODIHR trial monitoring tools;
- Excellent knowledge of fair trial standards and of relevant international and regional human rights mechanisms and OSCE trial monitoring commitments;
- Proven practical experience in developing monitoring methodology, related written tools and guidelines for practical use, and of incorporating feedback from various stakeholders;
- Experience with and/or knowledge of project implementation desirable;
- Excellent written and oral communication skills in English;
- Knowledge of OSCE rules and procedures will be considered an asset;
- Knowledge of past trial monitoring projects and issues in South Eastern Europe will be considered an asset;
- Knowledge of international standards and/or practical challenges related to organised crime and corruption will be considered an asset;
- Ability and willingness to interact with people of different cultural, and religious backgrounds, different gender, and diverse political views, while maintaining impartiality and objectivity;
- An understanding of gender equality, diversity and inclusion, and ability to apply gender mainstreaming to work on human rights and democracy;
- Flexibility, ability to work under minimal supervision and deliver against tight deadlines.
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| Required competencies |
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Core values
- Commitment: Actively contributes to achieving organizational goals
- Diversity: Respects others and values their diverse perspectives and contributions
- Integrity: Acts in a manner consistent with the Organization’s core values and organizational principles
- Accountability: Takes responsibility for own action and delegated work
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Core competencies
- Communication: Actively works to achieve clear and transparent communication with colleagues and with stakeholders of the Organization
- Collaboration: Works effectively with others on common goals and fosters a positive, trust-based working environment
- Planning: Works towards the achievement of goals in a structured and measured manner
- Analysis and decision-making: Analyses available information, draws well-founded conclusions and takes appropriate decisions
- Initiative-taking: Proposes and initiates new ideas, activities and projects
- Flexibility: Responds positively and effectively to changing circumstances
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| Remuneration Package |
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Remuneration will depend on the selected consultant’s qualifications and experience and will be in accordance with OSCE established rates. The maximum total under this contract should not exceed 10,000 EUR.
Consultancy period: 25 January – 1 April 2021 (precise timeframe to be confirmed later)
The number of working days envisaged for the assignment – 25
Location: Consultant’s home office, potentially also OSCE field offices
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| How To Apply |
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If you wish to apply for this position, please use the OSCE's online application link found under https://jobs.osce.org/vacancies.
The OSCE retains the discretion to re-advertise/re-post 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.
Only those applicants who are selected to participate in the subsequent stages of recruitment will be contacted.
The OSCE is committed to diversity and inclusion within its workforce, and encourages the nomination of qualified female and male candidates from all religious, ethnic and social backgrounds.
Please be aware that the OSCE does not request payment at any stage of the application and review process.
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