IC075/20- JUSTICE SECTOR EXPERT Baseline Assessment: ‘Strengthening Justice Sector Capacities to Uphold the Rule of Law in Iraq’

UNDP Iraq Country Office with generous funding from INL will implement the project ‘Strengthening Justice Sector Capacities to Uphold the Rule of Law in Iraq’. The focus of the project is twofold to strengthen capacities of the judges to conduct and lead to lead complex organised and financial crime investigations, including on money laundering, corruption and illicit financing and,  improve policies and procedures for the investigation and prosecution of complex organized and financial crime cases.

Organized crime, including money laundering and illicit financing, are prevalent criminal activities in Iraq which led to a prevalent atmosphere of corruption and impunity, and constitute a major impediment to Iraq’s economic recovery, stability and development. Improving related policies and procedures and capacities of judges to investigate such major crimes to hold perpetrators accountable performs a crucial part for being able to restore effective institutions in Iraq.

The Iraqi law follows the tradition of the French/Egyptian system. The investigating judge is by law the investigating authority. Investigations by the police require general approval and supervision by investigating judges. In practice, investigations are often micromanaged by investigating judges, usually by phone and further tasked and approved by letters sent back and forth between police investigators and investigating judges. Most initiatives by the police in investigations require prior approval of an investigating judge. However, in general they do not venture out and maintain a physical presence in the crime scenes etc. They later rehear in their courthouses the suspects and witnesses, review other evidence and the dossier sent by the police (in so-called investigative hearings). Raising capacities of the police will not yield desired results if investigating judges are not part of the process. Cases reach trial courts only through investigating judges. Thus, it is crucial to link capacity building for judges as well. As such Investigating judges must be skilled and knowledgeable in investigating financial crimes, and likewise be familiar with and have trust in the capacity of the police who assist them in their investigations and often this may be challenging in Iraq. In order to achieve and sustain progress from such skill building efforts it is also critical to ensure that necessary policies and procedures are also in place. 

Where appropriate project activities will also endeavour to involve police officers in judges’ trainings and relevant capacity development activities to promote enhanced partnerships between investigative judges and the police.

Objectives:

Overall, the proposed scoping assessment serves three main objectives: 

1. Help set the baseline for the project to measure/ appraise it outcomes.
2. Allow UNDP to use the assessment to develop a much-needed policy document identifying the policies and procedures that require improvement for the investigation of complex organised and financial crime cases. It will be used for advocacy with the senior officials of the Higher Judicial Council (HJC) and other key interlocutors in the justice sector.
3. Identify/ prioritise reach and sequence of proposed training activities, level of trainings e.g. advanced or basic level) and topical priorities for the training modules / curriculum. 

Since the Higher Judicial Council (HJC) will be the main beneficiary of the project, the baseline assessment is conducted to determine the following:

Firstly, determine which judges shall be taught/ upskilled and otherwise supported and the depth of the support to be provided.  For example, the assessment could come to the conclusion that all judges of Iraq should be taught about financial crimes but then only at basic level; or only a handful of selected judges should receive extensive training to prepare them to act as expert judge to investigate major financial crimes in Iraq or other alternative conclusions to help inform the above mentioned three objectives of the assessment.

Secondly, the baseline assessment shall also review existing policies, procedures and capacities of the judiciary (mainly investigating judges, but also prosecutors and judicial investigators) in the investigation and adjudication of complex organised and financial crime cases.

Thirdly, noting that project’s main target audience will be investigating judges and their collaboration with police units during investigations of organised and financial crimes, the  assessment  will also include police capacities and how judges are informed and able to instruct and guide  police officers to utilise their insights and capacities to build solid cases.

The project must insofar collaborate with the parallel INL-funded ICITAP project supporting investigative capacities of the police. The assessment shall also determine a baseline of current judges’ capacities and utilise practices from which project’s quantitative indicators can be further reviewed and refined to measure the overall results of the project.

(Annex 1:  Please also refer Baseline Assessment ToR)

UNDP had identified the requirement to commission a Justice Sector Expert as short-term consultant to support the Team Leader and the Financial Crimes Investigation Specialist to implement the assessment.

The Justice Sector Expert will be an International or National Expert with specific expertise / knowledge of the Iraqi Criminal Justice System and with strong liaison/ networking capacities with the Iraqi Justice Sector and the Higher Judicial Council.  Previous professional experience in Iraq and knowledge of the English and Arabic Language are essential.

The Justice Sector Expert shall be the networking focal point for the Assessment Team of Experts and provide overall context and sector-relevant insights and analysis for the undertaking of the proposed baseline assessment. Under the overall supervision of the Team Leader they will participate in the desk review, identify stakeholders and interview counterparts, advise and prepare the team for the interviews, actively participate in the interviews, provide analysis, participate in the assessment report drafting and undertake other tasks related to the assessment mission.

The Justice Sector Expert will be a member of the Experts Team, collaborating with the Financial Crime Investigation Specialist and reporting to the Team Leader. The Team Leader will work under close consultation and overall oversight of the SSR/RoL Programme Manager and the Senior Criminal Justice Advisor.

The UNDP Programme will provide translation and other logistical support to the Team Leader and the Experts Team. (Please also see Annex 1: ToR – Baseline Assessment)

Scope of Work and Key Deliverables:

5.  Assessment Duration:

• Total Assessment duration: approximately 1 November 2020 to 31 January 2021. 
• Total Number of Days: 40 working days

Corporate Competencies:

• Demonstrates commitment to the UN’s values and ethical standards;
• Promotes the mission, vision and strategic goals of UNDP;
• Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;
• Treats all people fairly and with impartiality.

Functional Competencies:

• Consistently approaches work with energy and a positive, constructive attitude;
• Ability to work under pressure and to meet deadlines;
• Demonstrates excellent oral and written communication skills;
• Demonstrates openness to change and ability to manage complexities;
• Self-reliant and able to work as a part of a multi-cultural team in a stressful.

Professionalism:

• Shows pride in work and in achievements; is conscientious and efficient in meeting commitments; observing deadlines and achieving results; is motivated by professional rather than personal concerns; Shows persistence when faced with difficult problems or challenges; Remains calm in stressful situations.

Communication:

• Speaks and writes clearly and effectively; Listens to others, correctly interprets messages from others and responds appropriately; Asks questions to clarify and exhibits interest in having two-way communication; Tailors language, tone, style and format to match the audience; Demonstrates openness in sharing information and keeping people informed.

Planning and Organizing:

• Identifies priority activities and assignments; allocates appropriate amount of time and resources for completing work; foresees risks and allows for contingencies when planning; monitors and adjusts plans and actions as necessary; Uses time efficiently.

Client Orientation:

• Considers all those to whom services are provided to be “clients” and seeks to see things from clients’ point of view; Establishes and maintains productive partnerships with clients by gaining their trust and respect; Meets time line for delivery of product or services to client.

Teamwork:

• Works collaboratively with colleagues to achieve organizational goals; Builds consensus for task purpose and direction with team members; Supports and acts in accordance with final group decisions, even when such decisions may not entirely reflect own position.

Technological awareness:

Keeps abreast of available technology; actively seeks to apply technology to appropriate tasks; Shows willingness to learn new technology.

Qualifications, skills and professional experience of the Justice Sector Expert (National or International) should include the following:

• University degree or specialised diploma or equivalent years of professional experience in subjects related to law, criminal investigations, policing, criminology, peace, justice and security, and/or conflict studies, strategy/risk management or other related and relevant subject areas.
• At least 5 years professional justice-related experience.
• Professional experience of at least 2 years in Iraq in the justice, security, or related sectors is essential.
• Proven strong liaison/ networking capacities with the Iraqi Justice Sector.
• Professional work experience in other countries than Iraq in post -conflict environments or academic work on other post conflict environments would constitute an added advantage.
• Previous experience in analysis and conducting assessments is essential.
• Proven capacity to engage with government and international stakeholders is essential.
• Excellent written and spoken Arabic and English language skills are essential. 

 Schedule and Method of Payment

Payments will be made upon satisfactory completion of the deliverables outlined in the table above

(Section 4 – scope of work and key deliverables) and, upon the submission and acceptance of each key deliverable. The payments will be made in 3 installments subject to UNDP procurement procedures.

First payment – 20% of the total amount upon satisfactory completion and acceptance of the Desk Review and Pre- Stakeholder Interview Preparatory Phase.

Second payment – 40% of the total amount upon satisfactory completion and acceptance of the Stakeholder/ Key Informant Interviews and all recording documentation.

Third payment – 40% of the total amount upon satisfactory completion and acceptance of the Data Triangulation, Analysis and Report Writing and the submission of the Final Comprehensive Assessment Report with Key Findings and Recommendations to UNDP.

Selection Criteria

 Individual consultants will be evaluated based on the following methodologies:

Cumulative analysis 

When using this weighted scoring method, the award of the contract should be made to the individual consultant whose offer has been evaluated and determined as:

a) responsive/compliant/acceptable, and

b) Having received the highest score out of a pre-determined set of weighted technical and financial criteria specific to the solicitation. 

* Technical Criteria weight; 70%

* Financial Criteria weight; 30%

Only candidates obtaining a minimum of 70 point would be considered for the Financial Evaluation