CONSULTANCY – STUDY ON THE END OF JUSTICE CIRCLE BY THE INTERNATIONAL RESIDUAL MECHANISM FOR CRIMINAL TRIBUNALS

​​​​​​Introduction

The ICRC is an independent, neutral organization ensuring humanitarian protection and assistance for victims of armed conflict and other situations of violence. It takes action in response to emergencies and at the same time promotes respect for international humanitarian law and its implementation in national law

The ICRC Regional delegation in France, within the framework of its detention activities hereby requesting a tender from you or your company for the following service:

Purpose of the contract

The Terms of Reference for the study on the end of justice circle by the International Residual Mechanism for Criminal Tribunalsare all detailed in ANNEX 1, joined with the RfT.

Price and Payment terms

Prices offered have to be final, expressed as a daily rate.

Currency: Euro

Indicate prices without VAT. If VAT included, please specify (rate).

Payment terms

Payments will be done in two times. First payment 15th December 2022, for 30 working days, upon reception and validation of an invoice.

Second and last payment, for 50 working days, within 30 (thirty) banking days from the date of reception of the final report and final invoice. All payments are done by bank transfer. The consultant agrees to provide his / her registration or tax number and bank details.

Start and end of service

The Consultant will start the service 1st November 2022, for a total duration of work of six (6) full months. The mission will end no later than 30th April 2023.

Within this period, ICRC will consider 80 (eighty) full time working days.

​​​​​​​Obligations of the consultant

The Consultant shall carry out its contractual obligations to the best of its abilities and with all due care and diligence. The Consultant follows the ICRC security rules in respective location and adhere the code of conduct.

​​​​​​​​​​​​​​Arbitration

This contract is subject to arbitration exclusively, according to the attached General Conditions.

​​​​​​​General Conditions**

All conditions not mentioned herein shall be governed by the ICRC General conditions for consulting contracts.

Acceptance of the contract entails the waiving by the Consultant of its General Conditions of Sales, if any.

ICRC is not liable to provide any explanation for its final selection of the Consultant.

ANNEXE 1 : Terms of Reference

Study on the end of justice circle by the International Residual Mechanism for Criminal Tribunals

1. Background

The International Criminal Tribunal for the former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR) and presently the International Residual Mechanism for Criminal Tribunals (the Mechanism) are tasked with bringing to justice those accused for the gravest crimes perpetrated during the conflicts in former Yugoslavia and Rwanda. Their work is reaching today 30 years.

The actual detention of those convicts in countries that have agreed to enforce the ICTY/ICTR/IRMCT sentences, as well as their post-release situation, have not been without challenges. The age of the detainees and their deteriorating health, adaptation to a foreign prison regime, access to rehabilitation programmes, the contact with the families are for example ongoing challenges in enforcement. The Mechanism has often encountered unexpected difficulties and needs the support and goodwill of Member States, who share responsibility for the fate of those individuals

Based on its long-standing work as the independent monitoring body for detention by these Tribunals and in the majority of the enforcement states, the ICRC sees the opportunity to critically look at enforcement of sentences and post-conviction stages. It believes that carrying out a study on the end of the Justice cycle (looking at sentence and post release planning) and the Tribunals’ legacy in this respect would be timely.

The proposal of the Study was discussed with The Mechanism Office of the President. The ICRC will carry out the Study independently. The ICRC report will share its Study bilaterally and confidentially with the Mechanism. An external report will be produced for the use of the ICRC in its work with other Tribunals and Courts, as well as States. The external report will be discussed and agreed upon with the Mechanism.

Present situation concerning detention and post-release by the Mechanism:

– 2 remand detention centres: onein The Hague (Netherland) and 1 in Arusha (Tanzania).

– 3 enforcement countries in Africa.

– 10 enforcement countries in Europe (including two for which the ICRC is not the monitoring body but will be included in the study).

– Released and Acquitted detainees awaiting long-term solution in 2 countries in Africa.

1. Focus and scope of the Study

The objectives of the Study should be to:

• identify the main gaps and obstacles in sentence and release planning – including, in coordination with a consultant medical expert, the health component (specifically with regard to the issue of ageing and end of life) – of international convicts.
• present – as a result of the finding – possible avenues (legal, practical, diplomatic, etc.) to overcome these gaps and obstacles for the Mechanism.
• set recommendations and standards for other and future Tribunals and Courts.

1. Methodology of the assessment

The methodology used in the assessment will combine the analysis of qualitative and quantitative data through:

• desk review: internal documentation (ICRC reports and MoM) and existing literature (external experts’ reports) and enforcement and cooperation agreements.
• interviews and meetings with ICRC delegates, Mechanism’s personals, Enforcement states authorities, detainees and acquitted and released persons.
• on site visits to PoDs and acquitted/released persons (sampling necessary) with the Detention team of the concerned delegations
• For the health aspects included in the study the consultant will work in coordination with a consultant medical expert. The consultant medical expert will be responsible for the health aspects of the study.

The Study will seek compliance with the ICRC’s Code of Conduct; the ICRC’s Code of Ethics for Procurement; the ICRC’s Rules on Personal Data Protection; and the Professional Standards for Protection Work.

The consultant will refer to the ICRC Detention by International Criminal Tribunals and Courts (ICT/Cs) Focal Point. She will be available to facilitate access to all the necessary information and contacts with relevant stakeholders.

The ICRC PAR and other Delegations concerned will provide logistical support as required (transport and accommodation) and will organize interviews with interlocutors and visits to places of detention and health facilities targeted by the assessment.

1. Timeline and Deliverables

The Study process should start no later than 1st November 2022 and end 31st April 2023. The ICRC does not mandate that working days must be consecutive. However, the ICRC envisages that this consultancy will not last more than 80 full-time working days (with 30 working days at least in 2022).

The Study will include the following deliverables:

1. An inception report: the consultant shall prepare an inception report prior to the fully-fledged data collection exercise. The inception report shall present a structured review plan containing the methodology and tools that will be used for the Study (proposed methods, sources and data collection procedures). It should also include a collaboration plan with the consultant medical expert. The inception report should be submitted to ICT/Cs Focal Point for validation within two weeks after the start of the process. The ICRC team in Paris delegation and in the HQ will assist the consultant by providing key documentation required for carrying out the desk review, including reports (‘Working papers’), Minutes of Meetings (MoMs) and any relevant internal documents.
2. A final Study report to be submitted to ICT/Cs Focal Point: the consultant must produce one analytical report offering consolidated, transversal conclusions and recommendations with regards to sentence and release planning by the Mechanism;
3. Based on the final Study report, an external report that the ICRC could use in its discussions with member States.
4. Identification of possible avenues to promote the Study and its recommendations further (article for external publication, organization of a public event with States Parties).

All the deliverables should be written in English and will remain the intellectual property of the ICRC for an indefinite period.

1. Responsibilities and required skills

The consultant will have extensive experience in International Criminal Justice and analysis of sentence and released planning.

He/She will:

• assume full technical responsibility for the services provided for the development of this consultancy in accordance with the terms of reference in this ToR;
• guarantee production of high-quality reports and services, being attentive of delivery times, writing and presentation of reports with technical standards, until the final approval of the deliverables;
• maintain consistent communication and coordination via e-mail, telephone or face-to-face conversation with the ICRC ICT/Cs Focal Point, so that they can report on progress, limitations, difficulties and recommendations.

The consultant should have the following qualifications and competences:

• Extensive experience in a field related to penitentiary, judiciary or social activities;
• Experience in the field of international criminal justice a strong asset;
• Proven record in analyzing or evaluating sentence and released planning;
• Ability to draft clear and concise reports of high quality in English;
• Knowledge of French is an asset.
• Self-employed status (must provide proof).
• Availability to travel to countries in Europe and Africa (where appropriate, including prison visits

5.Ethical Considerations

The consultant, as the person responsible for the design and execution of the Study when presenting their offer, must declare and guarantee that:

– They have the authorization to use and/or respect the copyright of the physical and virtual tools that apply in the exercise of the Study, unless they are products of their authorship.

– Commit to the ICRC code of conduct that will be an integral part of the contract. This includes:

• Non-discrimination (on the basis of gender, race, religion, sexual orientation, national origin, age, class, language, or any other characteristic) and impartiality (the Study should be based on the needs of the persons deprived of liberty and not on any other ground);
• Do no harm;
• Respect for the dignity of the affected persons;
• Confidentiality: the detention file is sensitive and requires high level of confidentiality during and after the collection of the information. The communication during and after the Study process should abide by the ICRC rules in this regard;
• Protection of the data collected.