International Consultant on Electoral Crimes

Background:

Under the 2021 UBs “Support to the advancement of rule of law in Albania - Phase II” and “Towards improved electoral legislation and administration in Albania – Phase III” Projects, in view of advancing the capacities of justice professionals, the Presence will support the Albanian School of Magistrates (SoM) to prepare training modules and subsequently conduct a two-day online training workshop on the prosecution and adjudication of election crimes. The support aims to increase the professional skills of judges and prosecutors to apply substantive and procedural rules, so that the efficiency and effectiveness of election crime-related judicial processes is enhanced. The final aim is to enhance the election-crime adjudication/prosecution capacities of justice authorities in all stages of the electoral cycle. In relation to this, in 2020 the Presence commissioned a study on the issues pertaining to adjudication and prosecution of election crimes, with a focus on the loopholes in the system and practices that need to be addressed concerning  these offences. As a follow-up to these efforts, this year the Presence, in cooperation with the SoM will increase the capacities of judges and prosecutors on the prosecution and adjudication of election crimes, as well as will provide the SoM will training curricula/modules on this topic, to be used for future training that the School will organize.  

Due to Covid-19 situation, the abovementioned workshop will be held virtually, with the participants attending online. Moderated by the Presence and the School of Magistrates, the presentations will be held by one international expert/trainer, and will cover domestic and international framework, case-law and best practices in the area of prosecution and adjudication of election crimes.

Objective of Assignment: 

Through the present Terms of Reference, the Presence is looking for an International Expert in the position of curricula expert/trainer to draft training curricula and deliver a two day online training workshop on prosecution and adjudication of election crimes, as part of the Continuous Training Programme of the School of Magistrates, with a focus on domestic and international framework and case-law

Duration of Assignment:
This consultancy is envisaged to happer during the period October - November 2021.

Tasks and Responsibilities:

As per above, under the guidance of the Presence’s National Legal Officer and National Electoral Reform Officer, and the overall supervision of Project Managers, the International Expert shall carry out as follows: 

• Coordinate with the Rule of Law and Human Rights and the Democratization Departments on the development of training curricula and training agenda; 
• Draft comprehensive training curricula on investigation and adjudication of election crimes with a 2 day duration (minimum 20 pages, Times New Roman format, 12 font, 1.5 line spacing, English language), containing: 

-    analysis of domestic and international legal and institutional framework pertaining to election crime;
-    background information pertaining to investigation and adjudication of election crime in Albania;
-    analysis of best practices from at least three jurisdictions with advanced systems of detecting and prosecuting election crimes;
-    overview of specific legal and practical issues faced by investigation and prosecution authorities in connection with the prosecution of election crimes;
-    overview of methods used by organized crime to influence electoral processes; 
-    overview of trial processes falling within the jurisdiction of the ordinary criminal courts as well as the special courts for corruption and organized crime; 
-    distinction between electoral criminal offences and administrative violations. 
The curricula shall contain at least two case studies of investigation and adjudication of election-related crimes, to be discussed with the training participants. 

• Based on the above-mentioned curricula, prepare training materials on investigation and adjudication of election crimes for a two-day online training workshop, to be organised by the Presence in cooperation with the School of Magistrates on …..October/November 2021; 
• Deliver two-day online training on investigation and adjudication of election crimes to judges, prosecutors and lawyers as part of their continuous training programme offered by the School of Magistrates, during the period…. October/November 2021; 
• Upon training completion, report to the Rule of Law and Human Rights and Democratization Departments on training outcome, including recommendations from participants on any potential follow-up, if applicable.
• Considering the online format of the activity, the International Expert will be working remotely from home for the preparation of written submissions, as well as training delivery. Therefore, office space and other working facilities are not necessary. 

Deliverables:

• Develop Training Curricula, minimum 20 pages, Times New Roman format, 12 font, 1.5 line spacing, English language, to be submitted to the Rule of Law and Human Rights and the Democratization Departments by 10 November 2021;
• Develop Training materials of at least 4 pages, Times New Roman format, 12 font, 1.5 line spacing, English language, to be submitted to the Rule of Law and Human Rights and the Democratization Departments by 15 November 2021;
• Deliver two-day training workshop on Investigation and Adjudication of Election Crimes for justice professionals on 22 - 23 November 2021;  
• Draft report on Training outcomes and submit to the Rule of Law and Human Rights and the Democratization Departments by 26 November 2021; 
• Prepare Final Report on Training outcomes (minimum 5 pages, Times New Roman format, 12 font, 1.5 line spacing, in English), and submit to the Rule of Law and Human Rights and the Democratization Departments by 30 November 2021, with the Departments’ comments/recommendations incorporated. 

Necessary Qualifications:

• Advanced University degree in Law; 
• At least five years of experience as lecturer/trainer in academia or capacity building events for justice professionals;
• At least eight years of experience as justice professional, judge or a prosecutor, in the field of law and/or judiciary, with specialization in criminal law;
• In depth knowledge of the international legal and institutional framework and case-law on prosecution and adjudication of election crimes, combined with knowledge of domestic legal framework;
• Excellent drafting, communication and presentation skills;
• Very good computer literacy, with practical experience in Microsoft applications, and familiarity with delivery of training in online platforms such as Zoom;
• Desirable: Previous experience as trainer, including with the Albanian School of Magistrates.

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://jobs.osce.org/vacancies.

If you are not a national of a participating State, you must apply by submitting an offline application form which can be found under https://jobs.osce.org/resources/document/offline-application-form.

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.