Background
Set up in 2019, the SPAK structure consists of a specialized investigation unit (NBI) and special prosecution office. Crimes investigated and prosecuted under these bodies are adjudicated by specialized courts, the Special Court against Corruption and Organized Crime at both the first instance and appeals level. Both are still in the process of member vetting and recruitment. While the courts are active, delays brought on through selection and appointment procedures at all levels of the Albanian judiciary as well as technical delays imposed by pandemic measures have kept the court from being fully staffed and operating at full capacity.
Aside of the difficulties facing the judicial system due to the ongoing vetting process, the reconfiguration of the justice system, and the resulting legislative changes, practitioners have faced significant challenges with newly introduced procedures such as the preliminary hearing. Under this procedure, the judge rules on the case presented by the prosecutor on initiating trial, and indicating, where relevant, the need for further investigations. To this end, the OSCE Presence in Albania has been requested by the special court to provide targeted support and training on specialized legal knowledge and practical experience for judges in administering preliminary hearings, particularly in light of the court’s competence to order further investigation.
Under the 2022 UB project “Support to the advancement of the rule of law in Albania- Phase III”, the OSCE Presence in Albania intends to support the specialized, anti-corruption and organized crime courts through a two-day training on investigative methods and best practices in administering preliminary hearings. The purpose is to provide judges of the specialized courts with the skill-set and understanding of investigative methods implemented in corruption cases, in order to make better use of their right to order further investigation in the benefit of a solid case file, prior to the adjudication phase.
Objective of Assignment
The Rule of Law and Human Rights Department is looking for an international expert to deliver a one-day training on investigative methods and best practices, including case scenarios, for judges in light of the preliminary hearing procedure and their competence to order further investigations on corruption offences.
Duration of Assignment
25 July (tentative) – 20 November 2022
Tasks and Responsibilities
Based on the above, under the guidance of the Department’s National Legal Officer and project manager, the expert shall carry out the following tasks:
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 training; Familiarize him/herself with the applicable Albanian legislation, particularly the criminal procedure code, as well as current challenges faced by judges of the special courts in practice. Hold stocktaking meetings with judges of the courts to this end; Prepare and submit training outline to the Presence’s project team for approval; Prepare tailor made training materials that reflect the legal specificities and practical challenges of the Albanian specialized courts, including internationally recognized best practices, addressing also relevant case-scenarios. Submit training materials for approval to the Presence’s project team. Coordinate with the Rule of Law and Human Rights Department on the development of the agenda of the training; Deliver one full-day training on investigative methods for preliminary hearings of corruption offences, to all appointed SPAK judges as well as, SPAK prosecutors specializing in anti-corruption cases; Upon completion of the training, report to the Presence’s Rule of Law and Human Rights Department, outcome and feedback on the training. For the preparatory phase, the expert is not obliged nor expected to be in Tirana. Communication with the Department and the courts shall be done remotely, facilitated through online means. In the event that the expert chooses to be in situ for the preparatory stage, any costs resulting thereof shall be at his/her own responsibility and expenseNecessary Qualifications
Advanced university degree in law; A minimum of ten years of experience and expertise in criminal law as judge or prosecutor, with at least seven years practicing in the area of anti-corruption. Prior work as a judge or magistrate in courts of specialized bodies addressing high level or public corruption offences, particularly in an EU context, a distinct advantage; Experience as a presenter, lecturer or trainer in capacity building events for the judicial system; Experience in developing and drafting comprehensive learning materials and instruments for the judicial system, particularly in the area of corruption offences; Up-to-date knowledge and practical insight on the adjudication and investigation of corruption offences; Previous experience in a similar context, especially in the region is an advantage; Ability to work and deliver under tight deadlines; Excellent communication, presentation and legal drafting skills in the English language; Computer literate with professional experience in Microsoft applications and familiarity with online platforms such as Zoom.
Remuneration Package:
Remuneration will be based on the selected consultant's/expert's qualifications, experience, the tasks and deliverables for this position and in accordance with the OSCE established rates.
If you wish to apply for this position, please use the OSCE's online application link found under https://vacancies.osce.org/.
The OSCE retains the discretion to re-advertise/re-post the vacancy, to cancel the recruitment or to offer an appointment with a modified job description or for a different duration.
Only those candidates 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 qualified female and male candidates from all religious, ethnic and social backgrounds to apply to become a part of the Organization.
Candidates should be aware that OSCE officials shall conduct themselves at all times in a manner befitting the status of an international civil servant. This includes avoiding any action which may adversely reflect on the integrity, independence and impartiality of their position and function as officials of the OSCE. The OSCE is committed to applying the highest ethical standards in carrying out its mandate. For more information on the values set out in OSCE Competency Model, please see https://jobs.osce.org/resources/document/our-competency-model.
Please be aware that the OSCE does not request payment at any stage of the application and review process. Additional Information
Issued by: OSCE Presence in Albania Requisition ID: LEG00000G Contract Type: Special Service Agreement (SSA) / Consultant Grade: No grade Job Type: Consultant Number of posts: 1 Location: OSCE Presence in Albania, Tirana Issue Date: Jun 30, 2022 Closing Date: Jul 14, 2022This vacancy is archived.