Consultant on digitalization in war crimes case processing and cross-border legal co-operation (Western Balkans region)


Location : Home Based with travel within the region, BOSNIA AND HERZEGOVINA
Application Deadline :18-Feb-19 (Midnight New York, USA)
Type of Contract :Individual Contract
Post Level :International Consultant
Languages Required :
English  
Duration of Initial Contract :25 February - 31 March 2019
Expected Duration of Assignment :Approximtely 25 days

Background

Purpose

The purpose of the consultancy is to help facilitate and develop more efficient cross-border co-operation in war crimes cases, specifically between four countries of the Western Balkans region (Bosnia and Herzegovina, Croatia, Montenegro and Serbia) by, i.a., supporting and enhancing digitalization of their shared legal cases and information exchange in these cases, with particular focus on exchange between the four countries’ prosecutors’ offices.

Objective

The main objectives of the consultancy is to produce a needs assessment and feasibility study within the four Western Balkan countries on how cross-border co-operation in war crimes cases, and processing of such cases, can be improved through digitalization of mutual communication, shared data/information and documentation sharing and management. The study should provide an expert assessment and recommendations from the perspective of digitalization and electronic management, but not necessarily limited to the following: data/information management and analysis systems within prosecutor’s offices but also within other institutions involved in war crimes proceedings (courts, police investigation units); digital communication and exchange of data between these institutions, as well as with institutions from other sectors (e.g. institutions for the search for missing persons); cross-border exchange among the four countries of relevant documents and information between such institutions, especially prosecutors’ offices, including digitalization of processing requests for international legal assistance; regional database for exchange of information, case files, and other relevant documents, including judgments, jurisprudence digests, etc.; any other aspect of war crimes case processing, search for the missing, and cross-border legal assistance and co-operation that may be improved or addressed through enhanced digitalization. The study will assess the current situation and capacities in the four countries in relation to the aforementioned areas and issues, identify gaps, problems, areas for improvement of the existing or introduction of the new technologies and resources, needs and possibilities for harmonization of prosecutor’s offices data management systems, and estimate required technical and human resources and possible associated costs, as well as provide recommendations.

Background Information

The consultancy is planned within the Regional War Crimes (RWC) Project– Western Balkans, implemented by UNDP.
The RWC Project aims to strengthen the rule of law in the Western Balkans (Bosnia and Herzegovina, Croatia, Montenegro, and Serbia) by contributing to the effective fight against impunity for war crimes through support to regional cooperation in war crimes processing and other efforts to address the legacy of the conflict from the nineties in region. The project builds on the platform for regional cooperation on processing war crimes and the search for missing persons, established among institutions of BiH, Croatia, Montenegro and Serbia, which has been facilitated by UNDP since 2015, under the initiation phase of the project. The platform has supported trust-building among the key actors, re-activation of cross-border communication, exchange of information and evidence, as well as commitment to joint investigations.

The overall aim of the RWC Project will be realized through the achievement of the following project outputs:

  1. Strengthened regional cooperation among prosecution services through improvement of the legal framework for cross-border cooperation aimed at increased efficiency of the war crimes processing in BiH, Croatia, Montenegro, Serbia
  2. Establishment of cross-border victim and witness support system and framework of regional consultations between the victims’ associations and Prosecutors Offices, including enhanced communication with victims and the public.

Overall, the project aims to contribute to maximizing societal impact of criminal proceedings and other transitional justice processes supporting a conducive environment for reconciliation and sustaining peace in the region. It will do so through expediting the prosecution of war crimes, enhancing support, especially cross-border, to victims and witnesses, facilitating regional dialogue among POs and other relevant institutions and victims’ associations, while also promoting transparent and data-based communication and public outreach on processing of war crimes cases, search for missing persons and other transitional justice processes.

One of the issues that the project will seek to address is the need for introducing digitalization or improving use of, by prosecutors’ offices and other competent institutions in collection, management, analysis and sharing of data and documents in war crimes cases, especially in those with cross border elements. The project will, through this consultancy, identify such needs, assess feasibility and potential costs of digitalization, and recommend follow up actions, some of which may be implemented at later stages of the project.

Travel requirement-up to 10 days: BiH: Sarajevo (2 days), BiH elsewhere (1 day); Croatia: Zagreb (2 days), Croatia elsewhere (1 day); Serbia: Belgrade (2 days); Montenegro: Podgorica (2 days).


Duties and Responsibilities

The Consultant will be tasked to first propose a plan and an approach, and then to gather necessary information from available sources and all the relevant institutions, stakeholders and individuals, following the objective of the consultancy. The Consultant will prepare a needs assessment and feasibility study analyzing and summarizing findings, assessing and proposing options, and issuing specific recommendations to UNDP for possible interventions and support to judicial and other state authorities. Particular attention will be paid to a need for and feasibility of digitalization of cross-border exchange of documents and information, including processing of requests for mutual legal assistance and to creation of a regional database for exchange of information, case files, and other relevant documents, including jurisprudence. The Consultant will present the study to IRH in the form of a report.

While the consultancy will focus specifically on digitalization in data management and sharing of information in war crimes cases (which also includes cases of crimes against humanity and genocide), the consultant will consider any previous, current or planned developments and activities in digitalization of criminal justice and international legal assistance in the four countries.

The needs assessment and feasibility study will be conducted through Consultant’s direct communication with the representatives of the relevant national institutions in BiH, Croatia, Montenegro and Serbia, including their IT sectors (prosecutors’ offices, courts, law enforcement agencies, ministries of justice and other ministries, missing persons institutions, and others), international stakeholders and development agencies which implement similar digitalization projects or activities and other relevant collocutors. Such communication should be carried out through the consultant’s direct visits to the countries of the region, interviews and meetings, and remote communication (skype, e-mail, phone). In addition, the consultant will review relevant and available reports, documents and literature on the matter.

More specifically, the Consultant will undertake the following main tasks:

Task 1: Design and planning of a needs assessment and feasibility study

Under this task the Consultant will:

  • Familiarization with key requirements, stakeholders, and challenges, including through a meeting with the RWC Project team (possibly by Skype);
  • Provide a methodology for conducting a needs assessment, given the Scope of Work, and the purpose and objective of the consultancy in co-operation with the RWC Project team.  Outline a plan of interviews, meetings and communication for the purpose of the study; submit the methodology and plan to the RWC Chief Technical Advisor and IRH Rule of Law, Justice, Security and Human Rights Specialist for approval. 

The level of effort for this task will not exceed 2 expert days.

Task 2:  Collecting information for the study

Under this task the Consultant will:

  • Based on the approved methodology and plan, collect information for the needs assessment and feasibility study, in particular through:
    • liaising with representatives of the national institutions in the four countries (prosecutor’s offices, courts, prosecutors’ offices, ministries of justice an interior and other competent national institutions), and other relevant national and international stakeholders;
    • reviewing reports, official documents and other available sources and literature on the matter;
    • collecting relevant information through other sources as appropriate.

The level of effort for this task will not exceed 10 expert days.

Task 3: Producing the needs assessment and feasibility study

Under this task the Consultant will:

  • Analyze the collected information and prepare a report containing the detailed assessment of identified problems and needs, assessment of feasibility and potential costs of digitalization, and tailor-made recommendations for national institutions, UNDP and other stakeholders, as explained above under objective;
  • Propose options and issue specific recommendations to UNDP for possible interventions and support to judicial and other state authorities, with particular attention to feasibility of digitalization of cross-border exchange of documents and information, including processing of requests for mutual legal assistance and to creation of a regional database for exchange of information, case files, and other relevant documents, including jurisprudence.

The level of effort for this task will not exceed 13 expert days.

Deliverables and Timeline

Consultant is responsible for the following deliverables:

Task 1: Design and planning of a needs assessment:

  • A needs assessment methodology and plan developed and approved by the RWC Chief Technical Advisor - 2 expert days, 01 March 2019, 10%;

Task 2: Collecting information for the study:

  • Relevant information for the needs assessment collected-10 expert days, 10 March 2019, 40%;

Task 3: Producing the needs assessment and feasibility study:

  • Analyze the collected information and prepare a report containing detailed assessment of identified problems and needs, assessment of feasibility and potential costs of digitalization; Propose options and issue specific recommendations to UNDP for possible interventions and support to judicial and other state authorities, with particular attention to feasibility of digitalization of cross-border exchange of documents and information, including processing of requests for mutual legal assistance and to creation of a regional database for exchange of information, case files, and other relevant documents, including jurisprudence-13 expert days,  31 March 2019, 50%;


Competencies

Corporate competencies:

  • Demonstrates integrity by modelling the UN’s values and ethical standards;
  • Promotes the vision, mission, and strategic goals of UNDP;
  • Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;
  • Treats all people fairly without favoritism;
  • Fulfils all obligations to gender sensitivity and zero tolerance for sexual harassment.

Functional competencies:

  • Strong interpersonal skills, communication and diplomatic skills, ability to work individually and in a team;
  • Openness to change and ability to receive/integrate feedback;
  • Ability to work under pressure and stressful situations;
  • Strong analytical, reporting and writing abilities;
  • Excellent public speaking and presentation skills.


Required Skills and Experience

Academic Qualifications/Education:

  • Master`s degree in information technologies, information science, technical sciences, law, humanities, development or other relevant technical or social sciences.
  • Bachelor’s degree with additional two years of working experience may be accepted in lieu of the master’s degree.

Experience:

  • At least 8 years of professional experience either as IT professional working with or for court, prosecution office, law enforcement or other similar institutions, or as a legal or law enforcement professional dealing extensively, in a professional environment, with IT technologies.
  • Professional experience with digitalization in judicial or law enforcement operations; participation in projects for digitalization of courts, prosecution offices, police and their procedures.
  • Experience with digital data management systems, especially in judiciary or law enforcement.
  • Very good understanding of and familiarity with legal procedures in criminal investigations and international legal assistance; familiarity with criminal justice institutions and criminal procedures in the Western Balkans will be considered a strong asset.

Languages Requirements:

  • Fluency in English;
  • Knowledge of Bosnian-Croatian-Montenegrin-Serbian (BCMS) will be considered an asset.

Other:

  • Excellent and advanced computer skills (MS Office applications) and ability to use information technologies as a tool and resource.

Qualification Criteria:

  • Relevant Education - Weight:15%, Maximum points:10;
  • Relevant professional experience - Weight: 70%, Maximum points: 75;
  • Knowledge of English and the languages of the Western Balkans region - Weight: 15%, Maximum points: 15;

Only candidates obtaining a minimum of 50% would be considered for the technical evaluation. 

Technical evaluation:

  • Qualification Score (weighted) - Weight: 15%, Maximum points: 10;
  • Professional experience either as IT professional working with or for court, prosecution office, law enforcement or other similar institutions, or as a legal or law enforcement professional dealing extensively, in a professional environment, with IT technologies - Weight:35%, Maximum points: 25;
  • Professional experience with digitalization in judicial or law enforcement operations; participation in projects for digitalization of courts, prosecution offices, police and their procedures - Weight: 15%, Maximum points: 30;
  • Experience with digital data management systems, especially in judiciary or law enforcement - Weight:10%, Maximum points: 15;
  • Very good understanding of and familiarity with legal procedures in criminal investigations and international legal assistance; familiarity with criminal justice institutions and criminal procedures in the Western Balkans will be considered a strong asset - Weight: 25%, Maximum points: 20;

Only candidates obtaining a minimum of 60% of the technical evaluation score would be considered for the financial evaluation.

EVALUATION

Individual consultants will be evaluated based on the following methodology:

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%

Applicants are required to submit an application including:

1. Proposal:

  • Cover letter in English.

2. Completed and signed the Offeror’s template Confirming Interest and Availability (please follow the link: https://popp.undp.org/_layouts/15/WopiFrame.aspx?sourcedoc=/UNDP_POPP_DOCUMENT_LIBRARY/Public/PSU_%20Individual%20Contract_Offerors%20Letter%20to%20UNDP%20Confirming%20Interest%20and%20Availability.docx&action=default);

3. Latest personal CV, including past experience from similar projects, and email, telephone and any other contact details for references;

4. Financial proposal – breakdown of the consultancy fee for 25 working days and 10 days of travel expenses;

Please scan all above mentioned documents and upload as one attachment only online through this website.

Note:

  • For an assignment requiring travel, consultants of 65 years or more require full medical examination and statement of fitness to work to engage in the consultancy.
  • Due to large number of potential applicants, only competitively selected candidates will be contacted for remaining steps of the service procurement process.


UNDP is committed to achieving workforce diversity in terms of gender, nationality and culture. Individuals from minority groups, indigenous groups and persons with disabilities are equally encouraged to apply. All applications will be treated with the strictest confidence.

UNDP does not tolerate sexual exploitation and abuse, any kind of harassment, including sexual harassment, and discrimination. All selected candidates will, therefore, undergo rigorous reference and background checks.


If you are experiencing difficulties with online job applications, please contact erecruit.helpdesk@undp.org.

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