Job title: Technical Assistance to the Government of Georgia for Training of Legal Aid Service Defence Lawyers in Defending Juvenile Clients
UNICEF Georgia (
http://www.unicef.org/georgia)
1. Background
Georgia is a party of the UN Convention on the Rights of the Child (CRC). The Convention requires State Parties to develop and implement a comprehensive juvenile justice policy in the “best interest of the child”. The objective of a juvenile justice system should be rehabilitation and reintegration into society; that children should not be criminalised unnecessarily, that States implement programmes of prevention and diversion, and personnel dealing with juveniles should receive specific training.
The reform of the juvenile justice system is one of the priorities of the cooperation between the Government of Georgia and UNICEF. The Government of Georgia in cooperation with The Embassy of the Kingdom of the Netherlands, the EU, UNICEF and other partners launched a substantial reform of the juvenile justice system to bring it closer to international standards. As a result of this cooperation the Government adopted Juvenile Justice System reform strategy in 2009. One of the main directions of the strategy is to increase skilled workforce in the JJ system. The intention is that professionals involved in juvenile justice administration and those in contact with children in conflict with the law shall be provided with ongoing and systematic training.
UNICEF is supporting the Government of Georgia to build institutional and human capacity of the professionals involved in the JJ system. In this connection UNICEF supported trainings of Georgian judges on general juvenile justice issues. UNICEF also supported elaboration of the training materials for police on interviewing children in conflict with the law and their institutionalization into the police academy official training curricula. In cooperation with the Chief prosecutors Office UNICEF trained all prosecutors throughout the country on general juvenile justice issues. There is an intention to have additional training on the specific issues related to children in conflict with the law for the smaller number of prosecutors and judges.
UNICEF is supporting training of Georgian lawyers on juvenile justice. In cooperation with the Georgian Bar Association and the Legal Aid Service UNICEF trained number of trainers on general juvenile justice and psychological issues related to children in conflict with the law. Cascade trainings were conducted by the trained lawyers throughout the country.
According to Georgian legislation legal representation is mandatory on juvenile cases and it’s mainly provided by the Legal Aid Service Lawyers.
Legal Aid Service under the Ministry of Corrections and Legal Assistance is a coordinating body of the legal aid system that is functioning by the state funding with the primary purpose to ensure effective free legal service in the country. Lawyers from the Legal Aid Service protect interest of vulnerable accused persons during pre-trial investigation and court proceeding. Furthermore, all citizens can apply to consultation centres in legal aid bureaus and receive quality legal aid on interesting for them issues.
As a result of long term cooperation and gained experience it was agreed to organize more specific, skills oriented training for the limited number of LAS lawyers who will be dealing with juvenile cases in the future.
In this connection UNICEF, LAS and Human Dynamics will join efforts to develop training materials and train group of LAS lawyers on the specific issues related to children in conflict with the law.
Training materials prepared within the frame of this cooperation may include, but not be limited to:
- General overview of international standards on Juvenile Justice;
- Role of child development specificities while going through the justice procedures;
- Psychological areas to be considered while dealing with juvenile cases; involvement and the role of the psychologist in juvenile cases;
- Special skills required for the lawyers while dealing with juvenile cases (communication with juvenile client, communication with the parents of juvenile client, assessing of the reliability of the information delivered by the juvenile, planning defence, ensuring participation of juvenile defendant into the formal proceedings)
- Special skills on handling juvenile cases in court (including innovations considered by the new Criminal procedural Code – e.g. jury trial and juvenile cases);
- Special techniques of interviewing children in conflict with the law (including victims, witnesses and offenders);
- Specific issues related to interrogation and cross-examination,
- General overview of the issues related to juvenile victims;
- Motivation and specific requirements of the juveniles;
- Special skills on promoting international JJ standards and ensuring consideration of the best interest of the child by judges and other law enforcement officials involved in the process (including promotion of the use of alternatives etc.)
2. General Responsibilities of the International Consultant:
To provide technical assistance to the Government of Georgia and UNICEF in developing training material on the specific issues related to children in conflict with the law and conduct training workshop for LAS lawyers.
Specifically, the consultant will:
i. determine training content and methodology in accordance with the requirements and needs of the LAS lawyers;
ii. develop training materials and programme;
iii. facilitate a training workshop for the LAS lawyers.
3. Specific tasks and scope of work of the international consultant:
The consultant will work in close cooperation with the LAS and UNICEF Juvenile Justice coordinator. The consultancy work will last during the period of 17 days and will include distant and in-country work:
Desk review / Distance consultancy – 2 days:
I. Review the Juvenile Justice documents and existing training practice on Juvenile Justice
- To review the Government’s policy directions in the field of Juvenile Justice;
- To briefly review existing procedural legislation related to investigation juvenile cases;
- To review the newly adopted Criminal Procedural Code with particular focus on juveniles;
- To review existing training materials on juvenile justice and particularly training materials prepared for the lawyers.
Documents will be provided by UNICEF.
In-country consultancy in Georgia –5 days:
II. Identify training methodology and structure of the training programme
- To meet different partners and stakeholders (list will be provided by UNICEF and the LAS) working in the field of juvenile justice in Georgia and become familiar with the current developments and any capacity building and training materials which are available;
- To review the existing training system on JJ with specific attention to the defence lawyers;
- To meet with LAS lawyers as well as lawyers from Georgian Bar Association to support identification of training content;
- To prepare and agree with the LAS and UNICEF on the content of the training materials and structure of the trainings;
- To agree with the LAS and UNICEF on the methodology, design and duration of the training workshop.
Training materials developed within this cooperation could possibly be used for the training of lawyers from other organizations in the future perspective.
Distance consultancy – 5 days:
III. Developing of training materials and training programme
- To prepare draft of the training materials;
- To revise draft materials based on the comments received from LAS and UNICEF;
- To submit the revised version to UNICEF for final review and endorsement;
- To submit finalised training materials and related documents (power point presentation, handouts, leaflets etc. if needed) to UNICEF
In-country consultancy in Georgia – 5 days:
IV. Facilitating training workshop for LAS lawyers
To facilitate training workshops (approximately 5 days) for the selected lawyers from the Legal Aid Service.
4. Deliverables:
Upon completion of the consultancy, the consultant will deliver (hard copy and electronically) a service report which will include:
1. Identified and agreed training methodology for the training of lawyers,
2. All training materials covering all topics agreed on during the first in-country consultancy. (Draft materials will be submitted upon completion of the first mission to Georgia, and final materials before the second mission)
3. Training report with analyses of training outcomes, suggestions for improvements and next steps
5. Qualifications:
- Advanced university degree in law;
- Extensive experience in juvenile justice with particular focus on defence lawyers;
- Experience in designing training materials for defence lawyers;
- Experience in facilitating training sessions/workshops for actors in criminal justice, particularly for defence lawyers;
- Excellent facilitating and presentation skills;
- Experience in team work;
- Ability to draft clearly and concisely ideas and concepts in written and oral form;
- Fluency in written and spoken English language;
- Work experience in an international environment, preferably Central and Eastern Europe and Georgia.
6. Supervision
Daily supervision from UNICEF National Child Protection Officer. Overall supervision from UNICEF Child Protection Specialist.
7. Liaison Requirements:
The consultant is expected to work closely with the LAS and UNICEF to draft and finalise materials and facilitate training workshops.
Considering the nature and content of the work, the consultant will be required to meet and hold intensive discussions, consultations and negotiations with other partners such as Human Dynamics and others who are active in the justice system, both national and international.
8. Contract arrangements:
The total assignment is for 17 days out of which 7 days will be distant consultancy while 10 days will be dedicated to work in Georgia. The assignment is expected to begin in mid January 2010 with the distant consultancy and the first in-country assignment. The delivery of the training will be in mid/late February 2010. The assignment will end in March 2010.
9. The contract is enumerated as follows:
The consultant is pro-rated to UN P4 level.
UNICEF will cover:
- consultant’s fee
- travel (Economy class air ticket) according actual costs
- Daily substance allowance according to UN standards
- Local transportation (hotel-office-counterpart offices- field) provided by UNICEF
UNICEF will provide the consultant with the necessary background information for the initial desk work. UNICEF will provide office space, office support while in Georgia, and translation services. UNICEF will support the consultants in establishing contact with the necessary partners, both government and non-government.
