Individual Consultant: Various Aspects of the Functioning of Criminal Justice System 194 views

BACKGROUND

The Council of Europe Project “Human Rights Compliant Criminal Justice System in Ukraine” (Phase II) (the Project) is implemented from January 2021 to December 2022 and is a continuation of the Project “Human Rights Compliant Criminal Justice System in Ukraine” (Phase I).

During the past years the Council of Europe has successfully assisted Ukraine with the major policy, constitutional and key legal and institutional reforms in the criminal justice area. Upon the entry into force of the relevant new legal and Constitutional framework, as well as the set-up of new institutional structures there is a need to continue assisting Ukraine in the implementation of the reforms at the operational level. Though, certain progress have already been recorded in the recent CoE monitoring bodies reports, still many areas need further improvement according to the CoE monitoring and advisory bodies and the case-law of the European Court of Human Rights, inter alia, with regard to: effectiveness of investigations of deaths and ill-treatment; ensuring human rights safeguards in criminal proceedings; justified application of pre-trial detention measures; reasonable length of criminal proceedings; strengthening the independence of the prosecution service and protecting it from undue political influence.

The current Project aims at ensuring effective functioning of the criminal justice system in Ukraine aligned with the European human rights standards with a large focus on practical implementation of reforms in the criminal justice area, specifically with regard to the following components:

I. Further harmonisation of the criminal procedure legislation and practice of its implementation in line with Council of Europe standards and best practices (addressing primarily shortcomings identified in the ECtHR judgments against Ukraine):

  • To ensure legislation and/or internal regulations in place address CoE recommendations enabling the effective implementation of regulatory framework
  • To consolidate professional and operational capacities of criminal justice actors to enable the implementation of the legislation in line with CoE standards and best practices.

II. Consolidation of independence, effectiveness and transparency of the public prosecution service:

  • To promote institutional independence of the prosecution service and individual procedural autonomy of prosecutors- To facilitate institutional and operational efficiency and professionalism of the prosecution service and its new self-governance and qualification/disciplinary bodies
  • To enhance awareness of prosecutorial community and public on the PPS reforms developments.

The Project will draw upon an extensive network of consultants with knowledge of international and European standards and different European systems (“international consultants”) and consultants with local expertise/knowledge of the domestic system in which the activities are implemented (“national consultants”) to carry out its work.

The Council of Europe is looking for a maximum of 30 Providers/local consultants (provided enough tenders meet the criteria indicated below) in order to support the implementation of the project with a particular local expertise on various aspects of the functioning of the criminal justice system in Ukraine, in accordance with lots below:

Lot 1 concerns issues of effective functioning of the public prosecution service from the national perspective and its compliance with the recommendations and guidance developed by the Council of Europe bodies: European Court of Human Rights, Venice Commission, Consultative Council of European Prosecutors, Committee for the prevention of torture, etc. Effectiveness may cover but shall not be limited to strategy and policy making, automatisation and digitalisation of processes, organisational structure, prosecutorial management and decision making, working processes, analytics, human resources management of prosecutors, etc.

Lot 2 concerns compliance of the criminal substantive and procedure legislation (draft or in force), by-laws, internal regulations and policy documents (such as strategies, action plans, state policies, etc.) and their implementation in line with the Council of Europe standards and the criterion of quality.

This Contract is currently estimated to cover up to 80 activities, to be held by 31/12/2022. This estimate is for information only and shall not constitute any sort of contractual commitment on the part of the Council of Europe. The Contract may potentially represent a higher or lower number of activities, depending on the evolving needs of the Organisation. The Contract may be then prolonged according to the Section C. Legal Conditions of the Act of Engagement.

SCOPE OF THE FRAMEWORK CONTRACT

Throughout the duration of the Framework Contract, pre-selected Providers may be asked to provide the deliverables:

  • Assessment of legal acts and policy documents (draft documents and documents in force) and provision of advice (in the form of an oral and/or written advice), preparation of legal opinions, comments, recommendations, reports, surveys etc.
  • Participation and contribution to the working group meetings, workshops, consultation meetings with national stakeholders, including through moderating/facilitating discussions and delivering presentations
  • Participation in and contribution to the conferences, round-tables, seminars, trainings and other relevant events, including through moderating/facilitating discussions and delivering presentations
  • Developing methodology and conducting needs assessment on specific, policy, legal, institutional and/or operational aspects related to the theme of the lot concerned
  • Contributing to the development of information, guiding materials, legal and internal regulatory documents, etc.

The above list is not considered exhaustive. The Council reserves the right to request deliverables not explicitly mentioned in the above list of expected services, but related to the field of expertise object of the present Framework Contract for the lot concerned.

DOCUMENTS TO BE PROVIDED

  • A completed and signed copy of the Act of Engagement.
  • A detailed CV , demonstrating clearly that the tenderer fulfills the eligibility criteria (4 pages maximum)
  • A motivation letter providing information as to the thematic local expertise, relevance of experience and knowledge of the national context in relation to the fields of expertise as described under the scope of the contract above (1 page maximum)
  • At least two examples of the previous work/deliverables* relevant to the expertise/experience the tenderer claims under the specific lot: links to or copies of publications, legal assessments/analyses, reports, studies, etc. (in case links are provided, the full texts of the respective documents should be accessible via the provided links).
  • Information about 2 (two) relevant references, from previous employers or clients (name, surname, position, phone number and e-mail).

All documents shall be submitted in English*, in .doc(x), .pdf or .jpg formats, failure to do so will result in the exclusion of the tender. If any of the documents listed above are missing, the Council of Europe reserves the right to reject the tender. *Only the examples of works could be provided either in English and/or Ukrainian. The Council reserves the right to reject a tender if the scanned documents are of such a quality that the documents cannot be read once printed.

Other questions regarding this specific tendering procedure shall be sent at the latest by one week before the deadline for submissions of tenders, in [English or French], and shall be exclusively sent to the following address: [email protected] This address is to be used for questions only; for modalities of tendering, please refer to the below Article.

  • Tenders must be sent to the Council of Europe electronically. Electronic copies shall be sent only to [email protected] Tenders submitted to another e-mail account will be excluded from the procedure.
  • To help us track our procurement effort, please indicate in your email where (vacanciesinukraine.com) you saw this tender/procurement notice.

Deadline for the submission of tenders is 23 May 2021, 23:59 CET.

DOCUMENTS:

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