Prosecution Leadership International Expert to draft a handbook on prosecution leadership
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In 2016, the Albanian Assembly launched a comprehensive justice reform by adopting constitutional amendments along with 27 ‘urgent’ laws, reforming inter alia the organization and functioning of the prosecution office in the Republic of Albania – increasing the autonomy of the prosecutors and formalizing their leading role on the investigative stage of the criminal proceedings. Indeed, according to the amended Code of Criminal Procedure of Albania, the prosecutor and the judicial police conduct, within their respective competences, the necessary investigations in relation to the criminal prosecution. The prosecutor leads the investigations and shall have judicial police at his/her disposal. In 2019 the Presence’s Rule of Law Department conducted a gap analysis on prosecution and judicial police cooperation in investigations, following which assessment a number of areas in need of future intervention were identified with the most prompting one being prosecution leadership. A large number of prosecutors do not play a leading or proactive role during the investigation phase. This leaves the police to their own means and makes it more difficult for the judicial police to properly investigate a case and collect the necessary evidence, which in turn makes it more difficult for the prosecutors to successfully prosecute on the case files submitted by the police. Against this background, the Rule of Law and Human Rights Department developed for the year 2020 the UB Project on “Support to the advancement of the rule of law in Albania”. Part of which is the preparation of a handbook on prosecutorial leadership, and workshops in light thereof, for prosecutors in Albania.
The Presence’s Rule of Law and Human Rights Department is looking for a Prosecution Leadership International Expert with a consolidated experience in leading investigative teams and a solid background in criminal law and criminal investigation to implement the activities described under the following sections.
Tasks/Responsibilities:
Under the guidance of the OSCE National Legal Officer and the Head of Department, the International Expert shall draft a handbook on prosecution leadership. The purpose of the handbook is to provide prosecutors with a practical instrument that will enable and guide them to efficiently take on their role as leaders of investigation, in light of their newly acquired autonomy and independence as per the recent reorganization of the prosecutorial system in Albania.. 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 about the structure, content and format of the handbook;
Review and analyse the documents prepared under the gap analysis on prosecution and judicial police cooperation carried out by the Rule of Law Department in 2019 namely the (i) final Expert Report on prosecution and judicial police cooperation (ii) the Statistical Report (iii) transcripts of interviews held with prosecutors and judicial police in the field.
Review and analyse relevant laws, bylaws, regulations, and any other material documents and data pertinent to the object of the consultancy as provided in English language by the OSCE PiA;
Conduct structured and semi-structured interviews, which shall be conducted online, scheduled and confirmed in consultation with PiA designated staff, on Albanian procedures and practices on conducting investigation with prosecutors of general jurisdiction and prosecutors from the special structure on corruption and organized crime as well as judicial police, as agreed with designated staff of the Rule of Law department;
Prepare concept note on the drafting of the Handbook, drafting of which shall be pending upon conformation of the concept note by OSCE Project Team;
Draft a practical and instrumental Handbook on prosecution leadership in investigation, as a tool to guide and raise the efficiency of prosecutors in leading investigations taking into account the Albanian legal and practical framework in which prosecutors and judicial police operate, as well as including best international practices and standards;
The International expert shall provide draft versions of the Handbook, as per the timeline agreed on between him/her and OSCE Project Staff;
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;
Provide access to OSCE Project Team of primary resources used in the drafting of the Handbook, namely transcription of interviews and other communications with legal Albanian professionals contacted for the purpose of this assignment.
Expected Outputs/Deliverables:
1) Handbook containing and outlining a framework and practical instructions and considerations for the leading role of prosecutors in investigation, making reference to Albanian legislation and current framework of operation and best international practices and standards, as per the format and outline agreed with OSCE PiA project staff. Indicatively but not limit to it, the Handbook should contain the following:
2) Concept note, outlining the structure and logic and steps to be pursued in the drafting of the Handbook.
Necessary Qualifications:
- Advanced university degree in law;
- Minimum 10 years of professional experience in criminal law and criminal procedure as prosecutor, at least 5 of which in the investigation and prosecution of corruption-related criminal offences;
- Experience in leading and coordinating investigative teams composed of prosecutors and police officer, preferably in the field of corruption;
- Experience in developing and drafting comprehensive learning materials and instruments for justice professional, preferably in the field of criminal justice;
- Experience in designing and delivering trainings and workshops for justice professionals, preferably in the field of criminal justice;
- Ability to work and deliver under tight deadlines;
- Excellent spoken and written legal English;
- Excellent legal drafting and presentation skills;
- Computer literate with practical experience with Microsoft Office.
Desired Qualifications
- Experience in working as prosecutor, judge or criminal justice expert in international organizations or countries undergoing justice reform processes;
- Knowledge of the Albanian justice system and the justice reform process;
- Previous experience in a similar context, especially in the region.
Remuneration: The remuneration of the consultancy will be in line with OSCE Rules and Regulation on international consultancy fees.
All applications are due by 27 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 recruitment-al@osce.org
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 witThe remuneration of the consultancy will be in line with OSCE Rules and Regulation on international consultancy fees. h 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