International Expert on Analytical Review of Corruption Cases at UN Development Programme

The project Support to Anti-Corruption Efforts in Kosovo (SAEK II) is expected to have a positive impact on reducing the level of corruption in Kosovo by strengthening monitoring and oversight mechanisms of institutions to perform in an efficient, transparent, accountable, and gender sensitive manner. In 2018 UNDP SAEK signed a Memorandum of Understanding with the Kosovo Judicial Council whereby UNDP will support the Supreme Court in its anti-corruption efforts, including through implementing sentencing guidelines and conducting a review of completed corruption cases.

Given that administration of justice could be heavily compromised by undue influence and corrupt behaviours, the SAEK II project, with the full support of the main judicial actors will analyse the evolvement of the finalized corruption cases in Kosovo courts, namely their progress from the investigative phase, including investigation and police activities extending to the courts’ undertakings, including final judgments and confiscation of assets.

The final report will be an internal document for the use by the Supreme Court and Chief Prosecutor that addresses identified deficiencies encountered through the analytical review of court cases. The cases (20 in total) to be reviewed shall be selected in close cooperation with the Supreme Court President and the Kosovo Chief Prosecutor. No less than half of the total number of cases reviewed will be randomly selected in order to preserve an objective approach towards the analytical review process.

The analytical review will be writ-based and shall not include any interview, discussion or interlocution of any kind or form with any of the parties involved in the selected cases. The analytical review will be used exclusively as an internal tool for the Supreme Court and Prosecution to identify areas for improvement on corruption cases in general and not as a critique of individual decisions taken by the parties involved in any of the selected cases

To this end, SAEK seeks to engage an international expert, to conduct an analytical review of completed corruption cases in the courts of all instances and shall include review of actions at all stages and instances of the criminal procedure in selected cases. In addition, the sample of cases should represent a mix of petty corruption, grand corruption and high-profile cases. The international expert will be assisted throughout by a local expert.

This report will be used to by judicial and prosecutorial actors to improve case managements practices with an aim to reach to a more efficient and effective disposition of corruption cases. In addition, the report will also be used by SAEK II to develop follow up activities in 2019.

[1] This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence.

Objectives of Assignment

Deliver an “Analytical Review of Corruption Cases in Kosovo” Report.

Duties and Responsibilities

The international expert, under the direct supervision of the Project Manager will deliver the following:

  • Review the report summarising criminal procedure, describing investigated corruption cases in general, with a brief description of every corruption cases to be reviewed, as developed by the local consultant
  • Review all reports identified by SAEK II and the local consultant including EULEX reports, State Department Reports, OSCE Mission in Kosovo Reports, CSOs reports, Supreme Court Sanctioning Guidelines, and other relevant reports
  • Conduct meetings with the project and with representatives of institutions subject to the review process, to introduce the methodological approach and build consensus.
  • Review all the documents of each individual case, as provided by courts, and identify all possible deficiencies and/or possibilities for expansion of investigations through employing the ‘follow the money’ technique, and potential identification of illicit financial flows.
  • Assess the overall institutional set up in Kosovo and provide recommendations with an emphasis on prompter disposition of corruption cases in courts.
  • Develop brief reports on each individual case listing findings and recommendations per case.
  • Provide a consolidated interim report with main findings and recommendations and discuss internally the findings and the recommendations with the Chair of the KJC Committee on Corruption Cases as a validation step in the review process. The interim report shall include, as annex, brief reports of each individual case produced.
  • Produce a final report (no less than 25 pages) identifying bottlenecks hindering anti-corruption measures in place, and providing recommendations for procedural, legislative and institutional changes with an emphasis on identified entry points for SAEK interventions. The final report shall include, as annex, brief reports of each individual case produced.
  • Present internally the final report with all the findings and recommendations to the Supreme Court President, Kosovo Chief Prosecutor, the Director of the Police Department on Economic Crimes, and the Chair of the KJC Committee on Corruption Cases.

Expected Deliverables/ Outputs

  • Review the report summarising criminal procedure, describing investigated corruption cases in general, with a brief description of every corruption cases to be reviewed, as developed by the local consultant
  • Review all reports identified by SAEK II and the local consultant including OSCE Mission in Kosovo Reports, CSOs reports, Supreme Court Sanctioning Guidelines, and other relevant reports
  • Conduct preliminary meetings with the project and introductory meetings with representatives of institutions subject to review, including meetings with the Supreme Court President, Kosovo Chief Prosecutor, the Director of the Police Department on Economic Crimes, and the Chair of the KJC Committee on Corruption Cases
  • Review all the documents of each individual cases, as provided by courts, and identify all possible deficiencies and/or possibilities for expansion of investigations through employing the ‘follow the money’ technique, and potential identification of illicit financial flows
  • Assess the overall institutional set up in Kosovo and provide recommendations in case of identified possibilities for improvement, especially in light of a more efficient overall fight against corruption, with an emphasis on prompter disposition of corruption cases in courts
  • Validation of the preliminary consolidated draft report with main findings and recommendations, including within the report sections on each individual case listing findings and recommendations, with the Chair of the KJC Committee on Corruption Cases as a validation step in the review process
  • Produce a final report (no less than 25 pages) identifying bottlenecks hindering anti-corruption measures in place, and providing recommendations for procedural, legislative and institutional changes with an emphasis on identified entry points for SAEK interventions
  • internally the final report with all the findings and recommendations to the Supreme Court President, Kosovo Chief Prosecutor, the Director of the Police Department on Economic Crimes, and the Chair of the KJC Committee on Corruption Case

Scope of price proposal and schedule of payments

Recommended Presentation of Offer

The following documents are requested:
Personal CV or P11, indicating all past experience from similar projects, as well as the contact details (email and telephone number) of the Offeror and at least three (3) professional references;
Technical proposal indicating a methodology for approaching the required tasks;
Financial Proposal: daily professional fee, including travel and living allowances. The expert is planned to travel two (2) times to Kosovo. The payment is to be completed by the certification of accomplishment of each deliverable.

Criteria for Selection of the Best Offer
Combined Scoring method – where the qualifications, methodology, written test and interview will be weighted a max. of 70%, and combined with the price offer which will be weighted a max of 30%.

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 favouritism

Functional Competencies

  • Plans, prioritizes, and delivers tasks on time
  • Ability to work independently and takes initiative in addressing problems encountered
  • Ability to establish effective working relations in a multicultural team environment; supports effective and efficient team work
  • Result oriented and constructive attitude
  • Analytical and strategic thinking / results oriented
  • Ability to design and manage coordination processes, including with multiple stakeholders
  • Good knowledge of organizational policies and procedures related to the position and ability to apply them consistently in work tasks
  • Good knowledge of information technology and ability to apply it in work assignments

Required Skills and Experience

Education:

  • Bachelor Degree in Law.

Experience:

  • At least 10 years of experience in the legal profession either in private practice, the judiciary or for an international organization.
  • Proven track record of experience as a judge, prosecutor, or defence attorney in dealing with corruption cases either nationally or internationally, precluding UNMIK and EULEX prosecutors and/or judges due to potential conflicts of interest.
  • Demonstrated experience in drafting analytical reports.

Language requirements:

  • Fluency in both oral and written English. Knowledge of Albanian or Serbian an asset.

Application Instructions:

  • Click on the “Apply now” button;
  • Input your information in the appropriate Sections: personal information, language proficiency, education, resume and motivation; You can type in, or paste your short Resume into the last box;
  • Upon completion of the first page, please hit “submit application” tab at the end of the page. On the next page, you will be asked to upload your Resume;
  • System will only allow one attachment. All docs (CV; P11; financial offer; list of similar profiles should be included as one attachment).
  • Please make sure to submit all the requested documents/information; otherwise, your application will be considered incomplete.
Closing date: 05 Jun 2018