Judicial Training Centers - Regional
Funding Needs:
Total budget: $300,000
Soros commitment: $100,000
Other commitments: $0
Funding Required: $200,000
Geographic Area: All countries covered by the Stability Pact
Area of Work: Support for Judicial Reform
Working Table: WT1 – Human Rights and National Minorities WT3 – Justice and Home Affairs
Description:
COLPI has already been involved
in the establishment of Judicial Training Centers (JTCs) in most of the countries
concerned, either as institutions - independent, not-for-profit - or within
the auspices of the Ministry of Justice. However, the efficient functioning
of these JTCs requires further support to ensure their operations in the long
run.
We have three main objectives:
1). To develop a region-wide
model curriculum (in the form of a “tool-kit”) for the JTCs, so as to assist
them in their everyday work and to ensure compliance with international standards;
2). To help in the implementation
of the curriculum by presenting it at two international region-wide events
(initial presentation, and follow-up assessments);
3). To create and maintain
a database on judicial institutions (Judicial Associations and JTCs) and relevant
documents, in a format usable by all the institutions concerned in all countries
at stake.
Background:
The JTCs develop their
curricula without outside support, and often in an incoherent manner, and oblivious
of existing European standards. There is a lack of systemized information collection
on the situation in these countries, and this hinders the creation of a regional
network among the interested judicial institutions. Such a network would ensure
closer cooperation and exchange, on topics and issues of common concern.
Organizations Involved:
COLPI; JTCs in Albania,
Bulgaria, Macedonia, Moldova, Montenegro, Romania; ABA/CEELI; and, Associations
of Judges.
Lead
Agency:
Constitutional &
Legal Policy Institute
Nador utca 11. IV
1051 Budapest, Hungary
Tel: 361 327 3102
Fax: 361 327 3103
Contact: Kristina Pentcheva
Email: pentcheva@osi.hu
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Macedonian
Public Prosecutors Association
Funding Needs: 2 years
Total budget: US
$ 250,800
Soros commitment: US
$83,600
Other commitments: US
$0
Funding required: US
$166,400
Geographic Area: Primary: Macedonia and prosecutors associations in South East European countries. Secondary: This project would encourage networking with prosecutors associations in well-established European democracies with a strong commitment to rule of law.
Area of Work: Judiciary, Public Prosecution.
Working Table: WT1 – Human Rights and National Minorities WT3 – Justice and Home Affairs
Description:
The goal of this project is
the promotion of regional stability by increasing the capacity of the law enforcement
function to both meet the challenge of rising local criminal activity, and to
reduce the influence of organized criminal groups operating across national
borders. This will be done via the development and strengthening of independent
and competent prosecutors who are aware of, and committed to, exercising their
powers within the principles of a democratic state and a respect for fundamental
freedoms. The project is divided into two parts: the development of local prosecutors’
ability to exercise leadership within the local law enforcement community and
to ensure that the criminal justice system operates effectively within the parameters
of the rule of law and a democratic state; plus, regional cooperation and coordination
of fair, effective criminal prosecutions
The project aims to train and prepare public prosecutors to exercise leadership throughout the criminal justice system by increasing their awareness of what constitutes competent and fair police work, and highlighting the tools that they have available to promote that end. To achieve this goal the Association will place a particular focus on local and regional training programs, emphasizing technical and civil liberties issues in law enforcement and prosecution, expanding the professional contacts of the target group with regional prosecutor associations, and offering language training. Library resources will also be developed.
Background:
The Macedonian Public Prosecutors
Association is a non-political and non-governmental organization. Its objectives
and goals as stated in the Association’s charter include improving the professionalism,
training, and functioning of Public Prosecutors; increasing the awareness of
the role of the prosecutor in a democratic society among prosecutors, members
of the pubic, and elected officials; increasing public awareness and appreciation
of the prosecution function; and influencing legislation regarding prosecution
processes and procedures.
The Association’s aim is to separate the prosecution function from political
influence by partisan political bodies, and to ensure that criminal prosecutions
reflect a commitment to the rule of law and the protection of the rights of
the citizens of Macedonia.
Progress to Date:
The Public Prosecutors Association
was formed late last year. Since then it has participated in organizational
development training, prepared a strategic plan, and started planning training
programs.
Organizations Involved:
Republic of Macedonia Public
Prosecutors Association is currently working with ABA-CEELI, the Council of
Europe, and the Macedonian Judges Association
Lead Agency:
Republic of Macedonia Public
Prosecutors Association, Master of Law Todor Vitlarov, 389-92-391-024.
OSI-Macedonia, Jordan Apostolski,
e-mail: japost@soros.org.mk,
Address: bul. Jane Sandanski
111,
Skopje,
tel. 389 91 44 44 88,
fax: 389 91 44 44 99.
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Funding Needs:
Total Budget: $231,000
for 1 year
Soros Commitment: $
77,000
Other Commitments: $0
Funding Required: $154,000
Geographical Area: Albania
Area of Work: Law: Judicial Reform
Working Table: WT3 – Justice and Home Affairs
Description:
The court system is
Albania is plagued by administrative and management problems that affect its
ability to dispense justice in a fair, efficient and timely fashion. Many of
these problems can be addressed by improving: docket management; the collection
and maintenance of court records and statistics; case file management; and task
assignments. The aim of this project is to transform the district court for
Tirana¾ which consists of approximately 50 judges, 50 clerks and 30 administrators
and assistants¾ into a model court that could then be used as the basis
for transforming all the courts in Albania. The goal is to create much more
efficient operations and increase case output by reducing the time it takes
for cases to get assigned, heard, and decided. To this end, we will address
every facet of the court’s operations, which include the information and data
collection systems, the staff’s ability to use these systems, the docket management
and case assignment systems, and the ability of the court’s directors to supervise
cases. We will also develop templates for routine judicial decisions and provide
further training to the judge’s clerks, so that they will be able to research
and write the first drafts of decisions.
The Ministry of Justice and the Office of the Administration of the Judiciary Budget are both key partners in this undertaking. Accomplishing these objectives will require upgrading the physical facilities, the acquisition of high technology computer equipment and the development of software, as well as training courses for the judges, court administrators, and legal clerks.
Background:
The Tirana district
court is currently not able to meet the need for the fair and impartial resolution
of disputes. Space at the Tirana district court is such a problem that the EU
Phare program is undertaking to build a new court house, which will be called
the “Palace of Justice.” The Palace will house the district court, the prosecutor’s
office, the bailiff’s office, and a number of pre-detention cells.
The case tracking system is currently done by hand, which creates many problems in the everyday operation of the court, and contributes to the routine violation of human rights. The court lacks equipment, software programs and knowledge by the court personnel and judges to upgrade their information systems. Judges generally only have a desk and several chairs¾ bookshelves, secure drawers and filing cabinets are all scarce. Moreover, only a few telephone lines work due to budgetary constraints.
Due to these limitations, the court’s records system is incomplete, functions poorly, and is extremely inefficient. Files do not reach their proper destination, routine cases take months to be heard and additional months for the judge, who must write each decision by hand, to issue a decision. It is almost impossible to monitor the operation of the court system because records simply do not exist. Due to all these limitations, respect for the rule of law is minimal, as most citizens do not see turning to the courts as a worthwhile or even viable option.
Progress to Date:
This project is a new initiative
that will strengthen the EU Phare program and build upon smaller projects aimed
at improving the court system.
Organizations
Involved:
As mentioned above,
the EU Phare is currently building a new court house in Tirana. The German Technical
Assistance (known as “GTZ”) is currently working to upgrade the commercial register
at this court with the use of computer equipment and staff training. The Danish
Governmental Assistance (“DANIDA”) and the World Bank are also interested in
improving the administration of justice in Albania.
Lead Agency:
The Ministry of Justice, in cooperation
with the Open Society Foundation for
Albania (“OSFA”), has developed and will implement this project.
Contact Persons at OSFA are:
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Parliamentary Center for European Law
Funding Needs:
Total Budget: $447,240
Soros commitment: $149,080
Other commitments: $0
Funding Required: $298,160
Geographical Area: Bulgaria
Area of Work: Law: Legislative Reform
Working Table: WT3 – Justice and Home Affairs
Description & Background:
The Parliamentary Center
for European Law (PACEL) is an independent not-for-profit organization. Its
basic function is to provide technical assistance to the Bulgarian Parliament
in drafting Bulgarian laws. After the invitation from EU to start accession
negotiations with Bulgaria, there is a widely recognized need to approximate
Bulgarian legislation with
the relevant aquis communiataire. The Parliament and Council of Ministers need
additional expertise to carry out this process successfully, and the work of
the Center will support the efforts of the Government and the Parliament in
this area.
The Center will assist the Parliament to draft modern laws to the European standard. The Parliamentary Center plans to work on twelve draft laws according to the needs identified by the Bulgarian Parliament and the PACEL experts. The criteria for choosing particular areas will be:
With the funding requested there will be a possibility to employ higher quality experts and to substantially expand the scope of the work.
Maintaining good relationships with other non-profit organizations working in this area is another goal of the Parliamentary Center, since their knowledge and experience are important for the effective work of the Center.
Progress to Date:
New Initiative, expecting
start date: 20 April 2000 (depending on status of the application)
Organizations
Involved:
Open Society Foundation-Bulgaria;
Bulgarian Parliament; Council of Ministers; European Institute; COLPI; other
interested NGOs.
Lead Agency:
Parliamentary Center for European
Law
Constantine Palicarsky, Executive
Director
Georgi Genchev, OSF–Bulgaria
(Sofia), Executive Director
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Training
the Correctional Facilities Staff
International Standards for Treating Imprisoned Persons
Funding Needs:
Total budget: $300,000
Soros commitment: $100,000
Other commitments: $0
Funding Required: $200,000
Geographical Area: Bulgaria
Area of Work: Law: Penitentiary Reform
Working Table: WT1 – Human Rights and National Minorities WT3 – Justice and Home Affairs
Description:
The goal of the project
is to raise the professionalism of 100% of the basic executive staff of the
Bulgarian Penitentiary System, thus reducing the number of the human hights
violations that occur. Training in the area of human rights and international
standards for treating imprisoned persons will be carried out and supported
by the development of a master curriculum to ensure long-term impact and sustainability.
One thousand prison officers of the
Bulgarian Penitentiary System will take part in 50 seminar trainings, conducted
over a period of one year. During the training they will exchange ideas, opinions
and best practices. They will think of solutions on how to improve the treatment
of prisoners in compliance with the international standards in this area. The
project will thus support the efforts of the Government to reform the Bulgarian
Penitentiary System.
Background:
Applying international
standards for imprisoned persons involves solid theoretical and practical knowledge.
The initial training for prison officers is insufficient, and there is no ongoing
training. The project is a continuation of a similar project, carried out in
1999, during which 400 staff members – 100% of the senior management staff of
the Bulgarian Penitentiary system – were trained.
The prison officers are the target group of the project because they are in constant contact with prisoners and, because of this fact, are those who most often violate the prisoners’ rights. Full agreement has been reached with the Ministry of Justice on the need to carry out such a project.
Progress to Date:
Continuation of an existing
project, already evaluated as a very successful initiative. Expecting start
date: 1 June 2000 (depending on status of the application).
Organizations
Involved:
Open Society Foundation
Bulgaria; COLPI; Association for Resocialization of Imprisoned Persons
Lead Agency:
Association for Resocialization
of the Imprisoned Persons, Daniel Stoyanov, Chair
Constantine Palicarsky, Law
Officer, COLPI/OSF-Bulgaria (Sofia)