National Consultant, Legal Expert (SSA)

Background:

Based on a three year Co-operation Agreement and a Joint Plan of Action for 2022 between the OSCE Programme Office in Bishkek (POiB) and the National Center for Prevention of Torture of Kyrgyz Republic (NCPT), the OSCE POiB will assist the NCPT in responding to challenges faced by detainees in temporary detention facilities (IVS) of Kyrgyz Republic across the country. In order to promote protection of the rights of detainees, the POiB will provide expert support for the NCPT in conducting a comprehensive analysis of compliance of Kyrgyz legislation with international norms and standards on the subject of conditions in detention, treatment of detainees, and development of practical recommendations for relevant stakeholders in the field. The expert support will be part of the NCPT special monitoring visits in temporary detention facilities across the country.  To ensure quality of the analysis, the NCPT requires the services of a local expert with proven experience in conducting legal analysis of national legislation and knowledge of international standards and norms. The local expert will work in close co-operation and provide support to the NCPT team on the management of this analysis and in further advocacy of the analysis recommendations among state stakeholders. 

Objective of Assignment: 

National legal framework on detention conditions and treatment of detainees in temporary detention facilities (IVS) of Ministry of Interior are analysed for compliance with international norms and standards and further submitted with recommendations to the government for further promotion and change.

Duration of Assignment: 30 (thirty) working days in the period from 16 May 2022 to 01 July 2022 

Tasks and Responsibilities:

Under the supervision of the Rule of Law Officer and the National Legal Reform Officer, in close co-operation with a selected team leader, the consultant will perform the following tasks:

1. Review the national legislation and international standards on conditions in detention and treatment of detainees in temporary detention facilities of Ministry of Interior of Kyrgyz Republic. 
   • Conduct analysis of relevant national legal framework on detention conditions and treatment of detainees, including detention conditions and treatment of women, juvenile, and persons with disabilities;
   • Review and analyse relevant amendments made in legislation (new codes, laws, including internal decrees of IVS of MoI) and  in the light of inventory of national laws, Criminal Code, Criminal Procedure Code, and Penal Enforcement Code, and identify outdated norms and provisions related to detention condition and treatment of detainees which require necessary change and amendments in line with international norms and standards;
   • Analyse official responses received from state bodies on detention conditions in IVS of MoI;
   • Provide analysis on level of implementation of recommendations of international human rights treaties and compliance of national legal framework with international norms and standards. 
2.  Produce a comprehensive analytical report and assist the NCPT in further advocacy of the report
   • Analyse data received from desk reviews of national legislation and international standards;
   • Analyse data received from the results of monitoring visits of detention places provided by NCPT;
   •  Participate in and contribute to the methodology/monitoring tools and work  within the NCPT research/mapping of temporary detention facilities during  interim and final discussions;
   • Develop practical and quality recommendations for relevant state bodies based on the results of analysis;
   • Propose practical steps and procedures for implementation of produced  recommendations as a part of analytical report;
   • Present the results of the analytical report to Coordination Council of the NCPT and the monitoring working group composed of NCPT staff and members of Coalition against Torture.

The expert will work from home and in the premises of the NCPT.

Deliverables:    

• The compliance of national legislation on detention conditions and treatment of detainees in law enforcement system with international standards and norms is analysed; 
•  The comprehensive analytical report with practical recommendations addressed to the government is issued.
   

Necessary Qualifications:

• University degree in law, economics, social sciences, or any other related field; 
• Minimum five years of professional experience in the field of legal and human rights expertise and analysis;
• Knowledge of international human rights law and standards;
• Knowledge of national legislation and policies related to freedom from torture, women in detention, and penal enforcement system;
• Availability of prior analytical work related to  human rights, freedom from torture, drafting of legislation; 
• Strong presentation, analytical and research skills;  
• Ability to work in team with other trainers and experts; 
• Ability to use online platforms (Zoom, Google meets) and Microsoft Office (Power Point, Excel); 
• Professional fluency in Russian, Kyrgyz language desirable 
• Demonstrated gender awareness and sensitivity, and an ability to integrate a gender perspective into tasks and activities;
• Ability and willingness to work as a member of team, with people of different cultural, and religious backgrounds, different gender, and diverse political views, while maintaining impartiality and objectivity;
• Computer literate with practical experience using Microsoft applications.

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.