UNDP JUSTICE SYSTEM PROGRAMME (UNDP project no )

Transcription

1 Timor-Leste UNDP JUSTICE SYSTEM PROGRAMME (UNDP project no ) 2010 Annual Progress Report Finalized Version February 2011

2 TABLE OF CONTENTS ACRONYMS I. EXECUTIVE SUMMARY II. REPORT ON ACTIVITIES OUTCOME 1: Skills and competencies of justice sector actors enhanced... 6 OUTCOME 2: Formal justice system decentralized and strengthened capacities of all district courts to administer justice and protect vulnerable groups OUTCOME 3: Prosecution Service strengthened to ensure effective delivery of criminal justice OUTCOME 4: Capacity of corrections services strengthened to uphold public safety and security and meet international minimum standards for the treatment of prisoners OUTCOME 5: Enhanced access to justice for all and improved public confidence In justice institutions III. CHALLENGES AND ISSUES IV. MANAGEMENT ARRANGEMENTS V. MAIN ACTIVITIES PLANNED FOR IV FINANCIAL REPORT. 34 2

3 ACRONYMS A2J ABC AJSU CoA CoC DNDHC DNSPRS FUP HRTJS ICNA INL IPAD JF JSP JSSP LTC MoJ NP OHCHR OPG PDHJ PDO RDTL SCJ SCP UNCT UNDAF UNDP UNMIT UNPOL UNTL UPR Access to Justice Brazilian Cooperation Agency Administration of Justice Support Unit (of UNMIT) Court of Appeal Council of Coordination National Directorate of Citizenship and Human Rights (of MoJ) National Directorate of Prison Service and Social Reinsertion (of MoJ) Foundation of Portuguese Universities Human Rights and Transitional Justice Section (of UNMIT) Independent Comprehensive Needs Assessment Institute of National Languages Portuguese Agency for Cooperation Justice Facility Justice System Programme Justice Sector Strategic Plan Legal Training Center Ministry of Justice National Priority Office of the High Commissioner of Human Rights Office of the Prosecutor General Provedoria for Human Rights and Justice Public Defenders Office Democratic Republic of Timor-Leste Superior Council of the Judiciary Superior Council of the Prosecution United Nations Country Team United Nations Development Assistance Framework United Nations Development Programme United Nations Integrated Mission in Timor-Leste United Nations Police National University of Timor-Leste Universal Periodic Review 3

4 I. EXECUTIVE SUMMARY The UNDP Justice System Programme (JSP) was launched in January 2009 with the objective of strengthening institutional capacity of the justice system of Timor-Leste to uphold the rule of law and improve access to justice through legal empowerment of the poor and disadvantaged. Following the Independent Comprehensive Needs Assessment (ICNA) carried out in 2009 and the approval of the government s Justice Sector Strategic Plan (JSSP) in 2010, the 2010 Annual Work Plan for the JSP was developed to address the new priorities and needs of Timor- Leste s justice system. This report provides an overview of the JSP activities and their impact in strengthening the formal and traditional justice sectors during The main achievements are: Support to the Ministry of Justice (MoJ) in National Priority , as the Lead Assistant. Support to the MoJ in the development and official launching of the JSSP on 17 June Completion of the practical phase of the 3 rd Legal Training Centre (LTC) training for Magistrates and Public Defenders and swearing in of four judges, five prosecutors and five public defenders as probationers. Organization of regional consultations in the framework of the Universal Periodic Review. Provision of legal opinions for the finalization of the Domestic Violence Law. Provision of legal opinions for the development of the Legal Aid Law. Revision of the Customary Law draft started. Legal awareness campaigns in the districts of Suai, Oé-cusse and Baucau, and support to the district legal workshops with the Public Defenders Office (PDO). Short-term LTC training for Court Clerks. Short-term LTC training for Public Defender clerks. Language course for notaries prior to the beginning of their LTC training programme. Development of a Grant Programme to support women, single parents, and candidates from the districts in undertaking LTC training programmes. Development of two software tools for academic and library management of the LTC. Signature of an agreement for institutional cooperation between the LTC, the University of Timor-Leste (UNTL), the Foundation of Portuguese Universities (FUP) and UNDP. Drafting of a project proposal for the development of the programme for mobile justice. Recruitment of three new Portuguese Judges. Recruitment of two Prison Reinsertion Advisors. Installation of the security lighting system in Becora Prison. Rehabilitation of the water system in Gleno Prison. Partial implementation of the Case Management System (CMS) for the justice institutions, both at the central and district levels. In 2010, the CMS was set up in the Office of the Prosecutor General (OPG); it was initialized for the PDO, Timor-Leste National Police (PNTL) and Prisons; and the project proposal was made for the Courts. 4

5 Training programmes for justice officials on CMS. Installation and deployment of fiber-optic interconnections between the justice buildings in Dili, Baucau and Oé-cusse. Recruitment of four new IT staff in the OPG. MoJ website re-designed. Webmail for PNTL installed. Development of a database of correlated Portuguese and Tétun expressions used in Timor-Leste legislation. Launching of a website for the Courts. 5

6 II. REPORT ON ACTIVITIES OUTCOME 1: Skills and competencies of justice sector actors enhanced Output 1.1: Legal Training Center is fully institutionalized and functional Building Refurbishment In consultation with the Council of Coordination (CoC), the 2010 JSP Annual Work Plan was developed so as to tackle the capacity development needs identified in both the JSSP and ICNA. Both plans stress the need not only to provide all national justice actors with specific training programs tailored to meet their technical tasks and expectations, but also to enhance the advisory and technical support role of international experts. In 2010, the bulk of the JSP strategic interventions focused on the capacity development of national justice actors. The planned increase in the number and types of training programmes being conducted at the LTC required an expansion and refurbishment of the LTC facilities. The MoJ implemented this project and the contractor finalized their work in late 2009, however, there were a number of remaining problems that meant that the LTC staff and students could not occupy the new facility. Consequently, in February 2010, the JSP engaged an engineer to assess the refurbishment of the LTC and to recommend repairs for the outstanding issues. The assessment report was presented to the Minister of Justice in March 2010 and the refurbishment works were completed in June 2010 when the LTC team and students moved into the new facility. Having training activities return to the centre was key to achieving the goals of the training plan, because the lack of a suitable space during the refurbishment work impacted negatively on the ability of the LTC to deliver all the training programmes previously approved by the LTC Executive Board. The JSP support to the refurbishment process has contributed positively to the LTC becoming a center of excellence, where high quality and standardized trainings can be delivered. The new building comprises a library, an office for the Director, two rooms for the lecturers, an office for the secretariat department, two offices for the administration department, an auditorium, a computer room (with 15 computers provided by the JSP) and eight classrooms. As a result, there has been effective implementation of the capacity development plan approved by the LTC Executive Board. 6

7 Cape Verde Prosecutor General, Júlio Martins visited the LTC library, during an official visit in September The Director of the LTC, Marcelina Tilman, is standing behind him. Despite the general improvement of the facility s condition, there is still a need to support the LTC in the organization of the library, development of its own software and in strengthening the capacity of the finance department, as well as refurbishing some of the facilities. Enhance Support of LTC s Human Resources To ensure implementation of the comprehensive capacity development strategy of the LTC, the JSP has continued to address the human resources needs of the center. In 2010, the JSP provided financial support for the services of six international advisors in the following positions: Training Coordinator, Judge Lecturer, Prosecutor Lecturer, Lawyer Lecturer, Translator Lecturer and Notary Specialist. These advisors have been assisting the LTC in developing and implementing training programmes that benefitted 13 judges, four probationary judges, 12 prosecutors, five probationary prosecutors, 11 public defenders, five probationary public defenders, 11 notary trainees, 14 legal translators, 14 lawyer trainees, and an average of 40 students with a legal background during the preparatory courses. Moreover, during the fourth quarter of the year, the JSP initiated the recruitment process of a Public Defender Lecturer and two Portuguese Language Lecturers, all of whom are expected to start their assignments in early IT Support The JSP IT Unit based in the MoJ provided technical support for the implementation of the LTC training activities. The fiber-optic cabling that connects the LTC to the MoJ network was installed, enabling internet and intranet access for staff to communicate effectively with the other justice institutions. With the aim of improving effectiveness of the IT infrastructure and access to information, the JSP IT Unit provided 15 new computers for the LTC IT Training and Information Room. This newly established room has the twofold objective of improving access to information and serving as a place for LTC students to conduct research, write and print documentation relevant to their trainings. In addition, the JSP IT Unit developed a database of previous and ongoing LTC-trained students in order to systematize student profiles, training activities and academic information. 7

8 This software allows the LTC to manage and extract information as well as generate reports on LTC students whose information is currently contained in different electronic and non-electronic formats. The software is also expected to facilitate the management and organization of student and staff information, including lecturers and administration personnel, into a single database that can be accessed via a web interface. The system is operational and a training for users on how to effectively use this software will be conducted in early Output 1.2: Reference and pedagogical material is available through the creation of the LTC library Equipping of the library Throughout the year, the JSP-funded lecturers developed study materials to enhance the trainees skills on Timor-Leste legislation and court decisions. These materials were disseminated among the training participants during classroom activities and to other former students. During the fourth quarter, these materials were organized and reviewed for publishing in a book format to be distributed to all LTC trainees. During the book fair organized by the Portuguese Cooperation, the JSP facilitated the purchase of more than 70 specialized legal books and dictionaries for the benefit of 14 lawyer trainees and 11 notary trainees. In addition, the LTC purchased 317 new books for the library, in order to support the students studies and to promote research. Legal review The JSP supported the design of a legal review, which will act as a reference for legal actors and students. This review will provide a comparative analysis of all legal codes and it is expected to be issued once per year at the beginning of the academic year (September). It will also become a legal reference in the future to be used in legal debate and progress among the justice actors in Timor-Leste. Library software The JSP-funded IT Advisors developed a software application to support the LTC library management. The library software enables the LTC to catalogue materials, manage book stocks, manage lending and return of items, and manage a clientele database. The system s database catalogue needs to be populated by a librarian in order to be fully functional. In order to support this task, a specific training programme for the national library staff will be conducted in 2011, upon recruitment of a librarian advisor with the assistance of the JSP. Output 1.3: LTC scope of action is expanded to new areas to cover the needs of the justice sector In 2010, with the technical and financial support of the JSP, the LTC has evolved into a professional training centre that caters to the capacity development needs of all actors in the justice system, not only judges, prosecutors and public defenders. To this effect, in January, the Executive and Pedagogic Boards of the LTC approved a comprehensive training programme to train judges, prosecutors, public defenders, private lawyers, notaries, clerks, and legal translators. During 2010, the JSP supported the LTC in delivering the following professional training programmes: 8

9 A) The 3rd training for Magistrates and Public Defender: The students of the 3 rd training programme for judges, prosecutors and public defenders passed from the practical training phase to the probationary phase. During April and May, five prosecutors, five public defenders and four judges were sworn in as probationers and started to work with their respective institutions. As part of their formal training programme, the trainees attended practical classes on criminal law and penal procedure law, civil law and civil procedure law. During the probationary phase they undertook relevant judicial activities and furthered their studies in Portuguese language, legal Tétun, penal and civil procedures. The probationary phase takes one year and then the probationers will be fully sworn in as official justice actors. B) Short-term training for Judicial Clerks: The JSP assisted the LTC in initiating a training programme to prepare court and public defender clerks for the national exams that took place on 25 September The training programme addressed the needs of each group and their respective justice institutions. Thirty four court clerks were trained in three separate groups for a period of two months in the following subjects: Penal law Penal procedural law Civil procedural law Ethics Portuguese and legal Tétun The training for the public defender clerks was for three months. A total of 22 clerks completed the programme in two groups, focusing on these subjects: Civil Procedure Law Ethics Portuguese and legal Tétun C) Training Programme for Notaries: With the assistance of the JSP-supported Notary Specialist, the LTC developed a training programme for notaries, which was divided into two phases: a preparatory language programme followed by technical training. Preparatory language course: The students undertook six months of training to develop their Portuguese language skills to prepare them for formal notary training. This training also included familiarization with legal concepts in Portuguese. Technical training: Eleven students commenced the one-year notary training programme in November, which comprises these subjects: General phase: Constitutional law Civil law Commercial law Administrative and administrative procedure law Penal law Portuguese language Tétun language Ethics Specific phase: Notary law Registry law (land and property and commercial registry) 9

10 Portuguese language Upon successful completion of both phases, the Notaries will work as probationers for one year before being employed by the government as permanent civil servants. D) Private Lawyers: In June, the LTC launched the first training programme for private lawyers, which comprises 15 months of theory and practical classes for the 14 participants. The subjects of the training are: Civil law Penal Law Civil Procedure and Criminal Procedure Law Ethics and deontology Human rights Portuguese and legal Tétun The candidates who successfully complete the training will enter a nine month probation period before they can be sworn in officially as private lawyers. E) Translators training programme: The JSP-supported Translator Lecturer commenced the first training programme for 14 legal translators. Starting in November, the programme will take one year and is organized into three phases of six months each: (1) linguistics disciplines; (2) translation techniques; and (3) probationary period. During the training, the students will also strengthen their knowledge on legal subjects such as constitutional law, administrative law, civil law, penal law, commercial law and international law. F) Capacity development interventions F.1. Preparatory training programme With the aim of increasing women s participation in the next training for private lawyers and to prepare candidates for the entry-exams, the JSP supported a three month preliminary training programme that focused not only on legal-related matters but also on Portuguese and legal Tétun languages. It is expected that the next training programme for private lawyers will benefit 38 participants. F.2. Strengthening of language skills In preparation of the launching of the LTC training programme for legal drafters and advisors planned for 2011, ten Parliament legal advisors and two legal advisors from the Provedoria for Human Rights and Justice (PDHJ) attended preparatory Portuguese language classes during the last quarter of The legal drafting training programme is currently being finalized before it can be approved by the LTC Executive and Pedagogic Boards in This training will be offered to legal advisors of the MoJ, the PDHJ, the Office of the President and the National Parliament. F.3. ICT Training Programme In September 2010, a training programme commenced for national IT staff to strengthen their skills in the administration of the CMS. With the technical support of the JSP, eight IT technicians from the OPG, six from the Courts, five from the MoJ (including Correction Services and the PDO), and 11 from the PNTL are being trained. F.4. Three-day Seminar for lawyers With the assistance of JSP-funded advisors, five probationary public defenders conducted an 18-hour seminar on civil procedure and penal procedure law for 20 private lawyers. This seminar boosted participants knowledge on legal matters and also provided an opportunity for the public defenders to train their national colleagues, to promote sustainability of LTC interventions. 10

11 Output 1.4: LTC skills and competencies of existing judicial actors is improved through further education In January 2010 the LTC Executive Board approved the continuing education programme for judges, prosecutors and public defenders, which was developed with the technical and financial assistance of the JSP. This professional development plan consists of: Workshop on ethics and deontology for judges. Workshop on criminal appeals, aimed at improving the skills of prosecutors and public defenders to draft criminal appeals. Seminar and workshop in land and property laws, aimed at improving the skills of judges, prosecutors and public defenders to address cases related to land and property issues. In July, a 12-hour workshop on ethics and deontology for 17 judges and probationary judges was delivered with the assistance of JSP-supported lecturers. Also during July, an 18-hour workshop on criminal appeals was conducted with 22 public defenders and prosecutors in attendance. In December, an 18-hour workshop in Land and Property rights was conducted with 27 participants. In addition, the JSP IT Unit provided three training courses for ten lawyers, 14 translators and 32 prosecution clerks. The courses strengthened the capacity of the participants to access and manage information using MS Windows, MS Office, internet and . These trainings are of 30 hours duration and are expected to be completed in January Output 1.5: LTC has implemented a gender equality policy and increased the focus on Human Rights mainstreaming During the first semester of the year, the JSP conducted an analysis of previous LTC capacity development training programmes, which revealed a decreased participation of women candidates. The analysis showed that compared with previous years, fewer women candidates applied to LTC training programmes and their drop off tendency is higher than their male colleagues. An underlying cause is that women, especially those who are single parents, struggle financially to provide for the needs of their families and are unable to undertake full time training courses. Another cause is that the LTC careers are not as attractive as other career opportunities with international NGOs or international organizations. In order to tackle these issues, the JSP supported the LTC in developing and implementing a gender equity policy, which was translated into the following activities: Campaigns through newspapers and television that target women and encourage their participation. Establishment of a Grant Programme to provide financial support to female students who are single parents or from the districts to reduce levels of disengagement from the LTC. Introduction of quotas for women in preparatory training programmes. Holding meetings with women legal practitioners in order to identify challenges and constraints to engaging in legal careers. Development of a strategic plan for 2011 with the technical and financial assistance of the UNDP Gender Office, which will involve: - Recruitment of a gender pedagogical assistant and liaison officer to the LTC. - Provision of five scholarships for women trainees, for a one year period. - An essay contest targeting female high school graduates to increase their interest in applying to the Faculty of Law. 11

12 Output 1.6: Strategic partnerships for training and certifications established with universities and other legal training centers In March 2010, the LTC, UNTL, UNDP and the FUP signed an agreement for institutional cooperation to ensure that capacity development strategies for the justice sector are sustainable in the future. The agreement not only institutionalizes the sharing of information and best practices between professors and trainers of the respective institutions, but also facilitates the exchange of human resources to conduct legal training programmes, conferences and seminars. Under this agreement, UNTL has assisted the LTC to deliver Tétun classes to magistrate, public defender and notary trainees. In addition, LTC lecturers have delivered classes to UNTL law students in Penal Procedure and Civil Procedure Practice. Human Rights are mainstreamed in the curricula being taught both at the UNTL and the LTC, as part of the signed protocol. In order to address the language barriers identified in both the JSSP and ICNA, the JSP partnered with the UNMIT Translation Unit to develop a Tétun legal glossary. Under this project, a database of correlated Portuguese and Tétun expressions used in the Constitution, Penal Code and Civil Procedure Code was compiled in the software package, WordFast. The glossary standardizes the legal expressions to be used in translation. The database will be presented to the President of the Court of Appeal (CoA) for revision before being presented to the CoC for approval. This database will be the formal basis of the legal glossary. In 2011, the glossary itself will be presented to the President of the CoA and shared with the Dean of the UNTL Law Faculty and the Head of the National Institute of Languages (INL). Output 1.7: LTC national staff is fully capacitated and organized according to the needs of the centre The JSP and the AusAID-funded Justice Facility have jointly assisted the LTC and MoJ in formulating the Human Resources framework and professional profiles of the national positions of the LTC. Terms of reference for the identified positions have been drafted and will be presented to the LTC Executive Board for approval in early

13 OUTCOME 2: Formal justice system decentralized and capacities of all District Courts to administer justice and protect vulnerable groups Output 2.1: The technical needs of the district national actors are supported Rental support to improve living conditions of district actors In order to ensure the full time presence of district justice actors and thus support the ongoing justice decentralization process, the JSP has extended house leases for justice officials deployed to Suai, Oé-cusse and Baucau. This support has been granted until the official residences are constructed and properly furnished by the justice institutions. Moreover, the JSP has been also providing security services to the district PDOs upon provision of security services by the Secretary of the State of Security, as per the Decree Law n. 31/2008. Oé-cusse District Court. IT support The JSP IT Unit provided technical and financial assistance to the MoJ for the installation of fiber-optic inter-connections between the justice buildings in Dili, Baucau and Oé-cusse. These inter-connections enable the integration of the CMS and provide internet and telephony communications. All the justice institutions in Baucau have been provided with internet and there is an intranet connection between the Court, OPG, PDO, Registry and Notary offices. In Oé-cusse the Courts, OPG and PDO are now inter-connected, while internet services have been provided to all the justice institutions to enable communications with the central offices. 13

14 With the technical and financial support of the JSP, the internet in Suai has been connected for the Courts and the OPG. Furthermore, in order to improve the ICT infrastructure, the JSP provided the Suai District Court with new computers, a scanner and a printer. Output 2.2: Presence of justice actors at district level is increased and supported by international actors Deployment of national and international district justice actors Throughout the year, the JSP supported the decentralization of the formal justice sector through the deployment of international justice actors to the districts with the threefold aim of advising their national counterparts, performing line functions in the absence of national actors and ensuring functionality of the district justice institutions. In 2010, four Portuguese judges were recruited jointly between the JSP and the national institution (on a cost shared basis), through the tripartite agreement between UNDP and the Ministries of Justice of Portugal and Timor-Leste. These judges were deployed to each district court. Two clerks were provided through the Portuguese Cooperation Agency (IPAD) with the financial and logistic support of the JSP. The presence of national and international actors in the judicial districts were: Baucau: - two national prosecutors supported by administrative staff. - two national public defenders - three national judges supported by one international judge (tripartite) - six national court clerks supported by one international clerk (UNDP-Courts) - six national prosecution clerks - three national public defender clerks Suai: - one national prosecutor - one national public defender - one national judge supported by one international judge (tripartite) - one national court clerk supported by one international clerk (IPAD first half of year) - three national prosecution clerks - three national public defender clerks Oé-cusse: - one national prosecutor - one national judge supported by one international judge (tripartite) - one national public defender - two national court clerks supported by one international court clerk (IPAD) - three national prosecution clerks - two national public defender clerks These compositions rotated or changed in order to ensure full services and permanence in the districts, especially considering the absence of the seven national judges currently studying in Portugal, or the need for national court actors to attend training at the LTC in Dili. IT support to district justice actors In order to assist the district courts in the effective use of the CMS, the JSP provided an IT Officer to provide advising and specific on-the-job training to national IT staff deployed in the courts. 14

15 Output 2.3: Improved and harmonized logistical and administrative support to the justice institutions at district and central levels Regular logistic and administrative support to justice institutions In order to assess the needs and challenges of the justice institutions at both the district and central levels, the JSP deployed an Access to Justice (A2J) team to each of the three judicial districts, namely Suai, Oé-cusse and Baucau. Each team is made up of an international officer who is supported by two national officers to be fully absorbed by the MoJ in the coming years. These three teams are coordinated at the central level by the UNDP A2J Specialist, who is based at the MoJ. The A2J teams have provided regular transport support to the district institutions for the delivery of notifications and the organization of relevant meetings and workshops on A2J, including the socialization of the JSSP. Furthermore, these teams provided the district national justice officers with specific trainings in order to enhance their skills and knowledge on legal related matters. A comprehensive account of the support provided by the district teams is provided under Outcome 5. IT support The JSP IT Unit provided technical assistance to the IT Manager of the MoJ in the design of the security structure for the Demographic Management Information System (DMIS), which will enable management of demographic data at the central and district level. The IT Unit also provided technical support to the MoJ for the Civil Registry connectivity in Oé-cusse, Maliana and Suai. Support to the establishment of the Audit Court The JSP complemented the support provided by the Government of Portugal and the Audit Court of Portugal for the institutionalization and functioning of Timor-Leste s Audit Court, as foreseen in the Constitution. A JSP-supported legal advisor provided assistance for the drafting of the law that defines the organic structure and competences of the Audit Court. The draft was presented and discussed at the Council of Ministers meeting in late The Council of Ministers requested the MoJ to organize a workshop to socialize the competences and role of the Court early in It is expected that in 2011, the JSP will also support the LTC in the organization of specific training programmes for future auditors and staff of the Audit Court. Output 2.4: Quality of service delivery at central and district level ensured through monitoring and evaluation To provide quality assurance of services provided by the judiciary, the JSP supported the position of Judge Inspector, as requested by the Superior Council of the Judiciary. The first cycle of inspections in the Courts was completed in December Eleven Judges were evaluated and received their final marks. They also had a session for complaints and questions. Pending the institutionalization of the Superior Council of the PDO (SCPDO), the PDO has not been able to effectively monitor and evaluate the service delivered at central and district level. To address this challenge, the JSP-funded Public Defender Advisor assisted the Public Defender General (PDG) to develop relevant internal rules (portarias) and specific format reports to be used for reporting on activities undertaken in the PDO, Courts, Prisons and Detention Centers. The Public Defender Advisor also provided technical guidance for the development of the organic law of the SCPDO. 15

16 The SCPDO will be comprised of the PDG, Minister of Justice, one Public Defender elected by his peers, two representatives nominated by the President of the Republic, and two representatives of the National Parliament. The JSP-supported international Public Defender Advisor has assisted the PDG in engaging with the Parliament and its President for an imminent appointment of the above representatives. It is expected that the election of the two representatives of the National Parliament will take place following the approval of the state budget at the beginning of A Public Defender Inspector will be recruited after the creation of the SCPDO. Inspection activities will commence following the institutionalization of the SCPDO and the recruitment of the Inspector. 16

17 OUTCOME 3: Prosecution Service strengthened to ensure effective delivery of criminal justice Output 3.1: Support to the implementation of the Prosecution strategy provided In 2010, the JSP provided technical and financial support to the OPG to implement its strategy. More specifically, the JSP provided financial support for seven international prosecutors and six international prosecution clerks who have been carrying out in-line functions as well as providing training and mentoring to their national counterparts. Portugal and Brazil have been providing in-kind contributions, through the deployment of Portuguese and Brazilian Prosecutors and clerks (in 2010, two Portuguese Prosecutors, and two Brazilian Prosecutors). With the aim of establishing independent IT units in each institution, the JSP and the AusAID Justice Facility assisted the OPG in the recruitment process of four IT staff who are responsible for managing and supporting the implementation of the OPG s CMS. Output 3.2: Measures to reduce prosecution backlog implemented In January 2010, the CoC agreed on the adoption of an integrated CMS. In support of this system, the JSP provided the OPG with the required IT infrastructure and systems such as network, hardware platform and communications systems. The JSP also strengthened the capacity of national justice actors in the use of the CMS through the delivery of specific training programmes. The JSP assistance complemented the AusAID Justice Facility s work to develop the CMS workflow map and the standardization, automation and implementation of CMS processes. A delegation comprised of JSP and Justice Facility representatives undertook a technical assessment visit to Portugal and the USA to assist in the development of the CMS. During the mission in Portugal, the delegation from Timor-Leste was exposed to the different types of systems used in Portugal s Criminal Justice System. As a result, the delegation was able to: Gather information regarding challenges, difficulties, best practices and general experiences on the implementation of IT systems. Assess options for system integration. Inspect the IT infrastructure. Assess the human resources required to support the system in each institution. During the visit to the USA, the delegation visited the company contracted by the Justice Facility (xfact) to develop the CMS in Timor-Leste. This visit proved being useful in order to: Evaluate the technical people required for the project and the responsibilities of each team, as well the implementation strategy for each institution. Define training plans that will be provided by both UNDP and the development company. Observe and understand the technical requirements and the level of dependency on network and infrastructure. A technical report with all the findings of this technical visit was presented to the national IT Managers of the MoJ and OPG. As part of the Case Management Joint Team, (AusAID Justice Facility supported staff and UNDP supported staff), the JSP IT Unit attended several meetings in order to design the CMS Sector Project Plan and implementation agenda. These meetings have involved the Courts, the PDO, the Corrections Service and PNTL. At the end of the cycle of meetings, a workshop was held with heads of institutions where the main findings and a draft of the Sector Project Plan were presented. 17

18 Furthermore, with the technical support of the JSP IT Unit, the datacenters of the OPG in Dili, Baucau, Suai and Oé-cusse were fully established, with all the servers installed and ready to be used. The final version of the CMS for the OPG was installed and deployed on those servers during the last quarter of The JSP is also responsible for providing a power system to the datacenters and sets of Uninterruptible Power Sources will be installed in each datacenter in early Lidia Soares, head of the secretariat of the OPG, says the new CMS Is a big improvement on the previous system used in the OPG. Output 3.3: Support provided for finalization of pending investigations on Commission of Inquiry (CoI) cases Through the financial assistance provided by the Office of the High Commissioner for Human Rights (OHCHR) Technical Cooperation Programme, the JSP ensured financial support during the entire year for the services of an international prosecutor entrusted with the finalization of all investigations of the Commission of Inquiry (CoI) cases. It is expected that these investigations will be finalized during Output 3.4: Quality of Prosecution service ensured through monitoring and evaluation During the year under consideration, the JSP agreed with the Prosecutor General of the Republic on the format of the joint evaluation forms for JSP-funded international prosecutors and prosecution clerks. These forms aim at jointly evaluating the JSP-financed advisers in all the Justice institutions. From 2011, the advisers will be required to provide reports and descriptions of their tasks and achievements on a quarterly basis. The reports will include qualitative and quantitative information, and will act as a mechanism to track the performance of the advisors when performing in-line functions and when providing advisory services for their national counterparts. The information provided in the reports do not 18

19 include sensitive information and the exercise does not interfere with the normal functioning of the justice institutions. Output 3.5: Strengthened working relationship between Prosecution and Police, especially at the district-level IT Support With the technical support of the JSP IT Unit, the datacenter of the PNTL in Dili was fully established, including the infrastructure that will be used by the Police CMS. In addition, new servers to improve the quality of IT services of PNTL were installed. In partnership with the United National Police (UNPOL), the Timor-Leste Police Development Programme and the Justice Facility, the JSP IT Unit has also supported the establishment of the IT network for all PNTL commands in the districts in order to provide access to the Police CMS and also to integrate this system with the CMS of the OPG. Training As part of the support to the capacity development of the PNTL IT, the JSP IT Unit delivered a training programme for eleven IT staff of PNTL, which has strengthened their skills in managing the IT Network and CMS. Additionally, the JSP IT Unit supported the implementation of a new system for PNTL. This system is already in use by the whole PNTL and was presented in a ceremony to the PNTL General Commander as well the UNMIT Police Commissioner. Case Management System The Incident and Investigation Management Systems were completed and are planned to be deployed by the development company by March The JSP IT Unit was responsible for the definition of the standards, procedures and connectivity strategies to support those systems to run and communicate smoothly with PNTL HQ. 19

20 OUTCOME 4: Capacity of Corrections Services strengthened to uphold public safety and security and meet international minimum standards for the treatment of prisoners Prisoners arrive at Dili District Court for a trial in Output 4.1: improved Strategic plan for Corrections implemented and Prison Services capacities In 2010, the JSP provided technical assistance to the Natoinal Directorate of Prison Service and Social Reinsertion (DNSPRS) in the areas of security, training, legal development and reinsertion policies, to enhance a strategic plan of interventions, mainstreamed into the JSSP, in order to strengthen capacities within the Prison Service. JSP supported the DNSPRS in completing a Prison Service Establishment Mapping, which assessed the current structures, needs and challenges of the prisons in Timor-Leste. More specifically, 12 prisons (some operational but the majority not in use) were assessed, and the existing physical prison infrastructures were analyzed along with their future practicality to hold prisoners securely. The plan was presented to the Director of DNSPRS and the Minister of Justice. With the support of JSP advisers, and the Administration of Justice Support Unit of UNMIT, legal advice was provided in the development of the Statute of the Prison Guards. The document is currently under revision. Moreover, the JSP Correctional Services advisers supported the development with the national staff in the DNSPRS of a proposal for a Decree Law on the Rules of Order and Security in Prisons. The Decree Law will be revised as part of the legal development initiatives related to Prisons and in conjunction with the Statute of the Prison Guards. 20

21 A security awareness training course was conducted for 95 prison officers and emergency response training was provided for 14 prison guards. The training was delivered by members of the Prison Service training team and a JSP-supported Training Advisor. The techniques taught to staff enabled them to deal with prisoners in a controlled setting to minimize the possibility of injury to either staff or prisoner. Quick Impact Projects In order to ensure effective implementation of the strategic plan for corrections, the JSP provided technical and financial assistance for the delivery of Quick Impact Projects. These initiatives included the fulfillment of prison needs such as a freezer for the kitchen, team sporting uniforms and brass bells to be used for drills and as alarms in the prisons. Case Management System In order to improve the IT infrastructure and access to information, the JSP IT Unit provided four new computers to the DNSPRS Administration Office in Dili. The JSP Prison Security Advisor worked with the Justice Facility for the development of a case management system for the prison service. The draft of the Prisons case management system was finalized and is expected to be deployed with JSP support by March Output 4.2: Improved security infrastructure in all prisons Operational physical security structural initiatives have gradually improved during the last two years with projects commissioned by both the MoJ and the JSP. The JSP installed a security lighting system in Becora Prison to ensure that international prison security standards are met and that escapes from the Prison are prevented and deterred. The national authorities, with the support of the JSP, identified future security infrastructure needs, such as the possibility of refurbishing old prison establishments as part of the government s plan to decentralize its prisons services. These proposed initiatives have been incorporated into the Prisons Strategic Plan from The JSP was requested by DNSPRS to support the establishment of detention centers in the districts. The JSP supported the conduct of assessments in Suai and Oé-cusse, with plans for detention centre constructions expected to be in the 2011 government workplan. Output 4.3: Social reintegration initiatives for inmates implemented in all prisons In collaboration with the Portuguese Agency for Cooperation, IPAD, the JSP recruited two Social Reinsertion Advisors to work with the Prison Service in the development social reinsertion initiatives, both at policy making and implementation levels: Preparing Prisoners for release. Tackling issues such as alcohol and drug abuse, anger management and sexual motivated crimes. Pre-release courses. Addressed to those inmates expecting final release, these courses will focus on employment, health, drugs, alcohol and family related issues. Advice on Prison Resettlement Units. Advice on resettlement programs where selected prisoners can work in the community on a day basis and return to the Prison at night. Community Working. These local environmental initiatives are expected to develop individual social responsibilities. 21

22 Specific Prison related work. The delivery of courses will be designed to specifically tackle inmates anti-social behaviors and reduce the risk of re-offending following their release. Development of mental health support programs. Advising the Senior Management in the inclusion of this type of initiative in order to ease reinsertion back in the community, and avoid dysfunctional, digressive or violent behavior in the inmate community, including depression and self-harm tendencies. Implementation of the family visits program. The design, implementation and evaluation of the first family visit program is aimed at decreasing the emotional and social isolation that prisoners, through increasing the possibilities of contact with their family members. The issue of remoteness and lack of reliable public transportation from other parts of the country to the two prisons pose a restriction for most families to visit incarcerated relatives. Output 4.4: Inmates with access to health, sanitation, recreation and legal advice Legal services In order to ensure legal advice for inmates, the JSP facilitated regular visits of public defenders to inmates on a weekly basis. The Public Defender Advisor also assisted in the development of a specific format report to gather information on the services provided by public defenders. It has been reported that as a result of these regular visits, there has been better protection of the human rights of the inmates. Gleno Water Rehabilitation project The water project in Gleno Prison was delayed due to problems with the original contractor and non-compliance with the technical plans and instructions. Subsequently, a new contractor substantially completed the works at the end of December. Water is now provided to the prison cells through the new pipes, however, the water system from the bore that requires the functioning of the pumps is not yet connected due to electrical problems that are the responsibility of the Ministry of Infrastructure. The JSP expects these problems to be resolved in 2011 in order for the water rehabilitation to be completed, tested and handed over to the government. Access to recreation services With the financial support of the JSP, all female prisoners in Gleno Prison were provided with access to computers and they also received specific IT training. It is expected that these programmes will enable inmates to further their professional skills for future job opportunities. A family visits programme was designed with JSP technical support. The programme will be implemented in 2011 and will be part of the reinsertion policies development. In addition, the visitation centre in Becora started to be refurbished with the assistance of the JSP and will be completed in the first quarter of Output 4.5: Quality of Correction Service ensured through monitoring and evaluation The JSP Corrections Advisor developed specific monitoring and evaluation forms as a basis for the Evaluation of Performance of prison staff. The forms are currently in use as part of the evaluation system. 22

23 OUTCOME 5: Enhanced access to justice for all, and improved public confidence in justice institutions Output 5.1: PDO strengthened as a public mechanism to provide justice for all Strengthening of the PDO The JSP-supported Public Defender Advisor provided assistance to the PDG to develop a strategy to strengthen effectiveness of the PDO. This strategy aims to promote the autonomy and independence of the PDO, through the establishment of its SCPDO. The SCPDO will monitor and evaluate the legal services provided by the PDO; endorse legal opinions and documents; develop and approve the annual action plan, the annual budget proposal, the human resources plan and the staff profile proposal. The Public Defender Advisor also provided technical and legal guidance to the PDO to input into the finalization of the JSSP with relation to the following thematic areas: Legal framework Institutional development Training and human resources development Physical and technological infrastructure Decentralization of legal aid services to improve access to justice In order to support the implementation of the JSSP, the Advisor assisted the PDG in the development of the PDO Annual Action Plan of 2011, which is the base for the 2011 State Budget. The plan involves: Increasing free legal aid services (judicially and extrajudicially) The decentralization of PDO services Scale up and improvement of the PDO human resources and infrastructure Monitoring and evaluation of the PDO services Administrative and institutional strengthening of the PDO The plan and budget proposal of 2011 was approved by the PDG and submitted to the MoJ for endorsement. UNDP-JSP concluded the recruitment of three Public Defenders as part of the agreement with Brazil for the support to the Justice Sector. Further discussions are being held with the ABC, the Brazilian Cooperation Agency, to determine future possibilities of continuing this partnership for supporting the justice institutions, such as PDO clerks, and a Public Defender Lecturer for the LTC. Technical assistance was provided by the Advisor for the development of ten Portarias (PDO internal rules) aimed at regulating activities performed by public defenders and clerks and the services delivered by the PDO. These portarias focus on: 1. The reframing of the staff according to the Decree Law 27/ The nomination and the probation period of Public Defenders. 3. The reorganization of the PDO staff in order to allow the participation of all 23 justice clerks (Oficiais de Justiça) in the preparatory course for national examinations for justice clerks (foreseen in the Decree Law 27/2009) promoted by the LTC from March to August The rules for the election of the Public Defenders' representatives on the SCPDO. 23