USAID/MEXICO
PROMOTING JUSTICE PROJECT QUARTERLY REPORT OCTOBER 1, 2015 – DECEMBER 31, 2015
Clockwise from the Top: Heads of State Implementing Commissions and key justice sector institutions participate in the 11th National Meeting of State Implementing Commissions in Tabasco; Senate members and civil society representatives promote the passage of the National Juvenile Justice Law in a national press conference; Prosecutors from Sonora improve their skills to litigate in oral trials through PROJUST training; Justice officials in Queretaro discuss PROJUST’s strategy for improving coordination between prosecutors and police in criminal investigations.
JANUARY 29, 2016 This document was produced for review by the United States Agency for International Development. It was prepared by Management Systems International.
USAID/MEXICO PROMOTING JUSTICE PROJECT
QUARTERLY REPORT
OCTOBER 1, 2015 – DECEMBER 31, 2015
Management Systems International Corporate Offices
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USAID/Mexico Promoting Justice Project
DISCLAIMER The author’s views expressed in this publication do not necessarily reflect the views of the United States Agency for International Development (USAID) or the United States Government.
USAID/MEXICO PROMOTING JUSTICE PROJECT i QUARTERLY REPORT, OCTOBER-DECEMBER 2015
TABLE OF CONTENTS
ACRONYMS ...... III EXECUTIVE SUMMARY ...... IV
INTRODUCTION ...... 1 REFORM IMPLEMENTATION PROGRESS ...... 1 ACHIEVEMENTS PER TASK ...... 4
Task 1. Advance Legislative Reform ...... 4 At the National Level ...... 4 For the Benefit of All Target States ...... 5 At the State Level ...... 7 Task 2. Increase Prosecutorial and Judicial Effectiveness ...... 10 At the State Level ...... 12 Task 4: Strengthen Analytical and Quality Control Capabilities of Targeted Justice Institutions ...... 18 For the Benefit of All Target States ...... 18
GENERAL ACTIVITIES ...... 21 Promoting Institutional Buy-In at the State and National Level ...... 21 Gender Equity Plan Activities ...... 23 Monitoring and Evaluation ...... 24
SUMMARY ANALYSIS OF TRAINING DATA ...... 26 SUMMARY OF QUARTERLY ACTIVITIES ...... 27 CHALLENGES AND OPPORTUNITIES ...... 27 LESSONS LEARNED ...... 29
ANNEX I: SUCCESS STORY ...... 31 ANNEX II: ANALYSIS OF TRAINING DATA ...... 34 ANNEX III: ACTIVITIES SEGREGATED BY TYPE AND TASK ...... 50 ANNEX IV: SUMMARY OF ACHIEVEMENTS IN Q1 FY 2016 ...... 51 ANNEX V: REPORT ON THE STUDY TOUR TO CHILE ...... 55 ANNEX VI: SELECTED STATE BRIEFINGS ...... 73
USAID/MEXICO PROMOTING JUSTICE PROJECT ii QUARTERLY REPORT, OCTOBER-DECEMBER 2015 ACRONYMS
AG Attorney General CJR Criminal Justice Reform CIDAC Research Center for Development CSO Civil Society Organization FY Fiscal Year HICD Human and Institutional Capacity Development INEGI National Institute for Statistics and Geography IRM Institutional Reorganization Model MSI Management Systems International M&E Monitoring and Evaluation NCJS New Criminal Justice System NCPC National Criminal Procedure Code PD Public Defender PROJUST Promoting Justice Project PTS Pre-Trial Services Q1 Quarter 1 SETEC Technical Secretariat of the Criminal Justice Implementation Commission SESNSP Executive Secretariat of the National Public Security System SOP Standard Operating Procedures SSP Secretariat of Public Safety TA Technical Assistance ToT Training of Trainers USAID United States Agency for International Development
USAID/MEXICO PROMOTING JUSTICE PROJECT iii QUARTERLY REPORT, OCTOBER-DECEMBER 2015
EXECUTIVE SUMMARY The USAID/Mexico Promoting Justice Project (PROJUST) is implementing activities under its second work plan. This quarterly report covers the period from October 1 to December 31, 2015, which corresponds to the first quarter of Fiscal Year (FY) 2016. It focuses on the activities and achievements of Tasks 1, 2 and 4, which are implemented by Management Systems International (MSI).
On the operational side, this reporting period saw the “Queretaro is not only supported successful transition to FY 2016 work plan activity by the SETEC, but also by our implementation, including the start-up of new initiatives or valuable partners, USAID and the transition to different stages of activities started in and PROJUST, that are participating in carrying over from FY 2015. On the strategic level, this this important event today. They quarter has been characterized by greater effort and have been our technical advisors focused support to assist Mexico in meeting the and have assisted us in identifying approaching June 2016 deadline to transition to the accusatory system nationwide. As the deadline the indispensable aspects that approaches, the challenges involved in the breadth of the need to change throughout the transformation become ever more apparent, as do the country to allow for the magnitude of the changes and the multitude of the actors implementation of a functional involved. However, the results achieved thus far and the accusatory system that complies commitment of the leaders behind this policy change to with the essential principles reform – from decision makers to field-level justice sector established by our Constitution.” operators – will no doubt continue to drive the agenda forward. - Dr. Maria de los Angeles Fromow Rangel, General Director, SETEC. Indeed, highlights of this quarter include the First Ordinary Session of the coordinated work with the Technical Secretariat of Interinstitutional Commission for the Criminal Justice Implementation Commission the Implementation and Evaluation (SETEC, acronym in Spanish) to create a sense of urgency of the Accusatory System in the on reform implementation efforts. Priority actions for the state of Queretaro, December final stretch to June 2016 and the steps to liquidate the 2015. traditional system were key areas discussed by states during the 11th National Meeting of State Implementing Commissions organized by the SETEC and held in Zacatecas in late November. PROJUST participated and made significant contributions to this event.
Another key milestone of the reporting period was the submission of the draft National Juvenile Justice Law to the Senate for approval. This milepost followed months of facilitated work by PROJUST, involving key civil society organizations and public sector actors, to arrive at an agreed proposal. A press conference was held to announce the submission to national media and the public.
In all, in the first quarter of 2016 PROJUST carried out 86 activities to achieve the results foreseen in the work plan. Over half (58%) of the activities focused on capacity building of justice sector
USAID/MEXICO PROMOTING JUSTICE PROJECT iv QUARTERLY REPORT, OCTOBER-DECEMBER 2015 institutions and operators, while the remaining was nearly equally split between legislative TA and activities with civil society that encompassed awareness raising to generate support for the reform. PROJUST delivered 10 training courses (total of 1,080 hours) benefiting a total of 127 justice sector operators across 11 states, building crucial skills to move forward the Criminal Justice Reform (CJR) in Mexico.
This summary presents some of the highlights of the reporting period with a focus on results achieved under Task 1: Advance Legislative Reform; Task 2: Increase Prosecutorial and Judicial Effectiveness; and Task 4: Strengthen Analytical and Quality Control Capabilities of Targeted Justice Institutions. Strengthened the legislative framework to implement the reform
In addition to the National Juvenile Justice Law submission to the Senate, under Task 1 PROJUST progressed on another initiative this quarter that is equally essential for the sound implementation of the accusatory system: a reform proposal to the National Criminal Procedure Code (CNPC). Inputs received from states for the proposal were analyzed and incorporated, where applicable. In parallel, PROJUST started the development of a conceptual summary of the NCPC to serve as a guide to states on its application and a reference for its implementation. Progress was also made in the creation of virtual communities that will serve as a platform for justice operators to network and share information; PROJUST secured two internet domains to form the basis for their development in the coming months. Furthermore, PROJUST pushed ahead with its support for the harmonization of secondary legislation to the NCPC and NCJS, and continued to roll out implementation of organic and civil service regulations models at the state level, expanding on the work initiated in FY 2015. PROJUST provided support to eight states in these areas this quarter. Once adopted, the regulation models assist and guide the process of institutional reorganization that is essential to align justice institutions to the NCJS. Finally, PROJUST expanded on its original draft plan to liquidate the traditional system to include both legal and operational aspects, though direct support from PROJUST to states in this matter is pending approval from the SETEC. Formally liquidating the traditional system is an essential step for states to successfully transition to the NCJS. Increased the effectiveness of the Criminal Justice System to provide justice to its citizens
Efforts under Task 2 focused on the development of a variety of tools and resources to improve the performance of justice operators, primarily at the state level. These included operational protocols, instructional videos, a manual, training standards and assessment tools. PROJUST also provided direct and indirect TA to states to improve institutional capacity through continued implementation of proven models, such as the Case Screening Unit model, and support for institutional strengthening specifically targeting State Courts, Public Defenders and Attorney General’s Offices across a number of states. Building on the work done in FY 2015 to pave the way for reducing pre-trial detention, PROJUST’s efforts this quarter in institutional strengthening also included continued support for the USAID/MEXICO PROMOTING JUSTICE PROJECT v QUARTERLY REPORT, OCTOBER-DECEMBER 2015
implementation of the Pre-Trial Services (PTS) Unit model at the state level. Eight states benefited from direct PTS support during the first quarter of 2016. Finally, in the state of Queretaro PROJUST kicked off implementation of its new three-stage differentiated strategy for improving coordination between prosecutors and police in criminal investigations, a central aspect of enhancing the operation of the NCJS, especially in the area of prosecution of crime. Improved human capacity to implement and sustain the reform
The successful implementation of the NCJS “The training was excellent; it conveyed knowledge depends on the quality of human resources. through both theory and practice, which facilitates This quarter, PROJUST made further learning.” contributions to improving human capacity –Prosecutor from Sonora, through training under Tasks 2 and 4. a PROJUST training beneficiary PROJUST delivered courses on oral trials and litigation skills under the NCJS and courses on coordination between prosecutors and police investigators. In an effort to foster learning from observation and experience, PROJUST facilitated a successful study tour to Chile for 15 representatives from 10 states to learn best practices on CJR implementation. In all, a total of 127 justice sector operators across 11 states benefited from training activities. Enhanced the capacity of justice sector institutions to implement, monitor and measure reform progress
In addition to the study tour to Chile referenced above, which was organized under Task 4, other efforts this quarter focused on creating a sense of urgency in reform implementation. To this end, PROJUST participated in a working session organized by the SETEC with key stakeholders to strengthen coordination among key actors toward meeting the June 2016 Constitutional deadline for full transition to the NCJS nationwide. Over 70 representatives participated, including USAID and other US donor agencies, the public sector and the private sector represented by companies specifically hired by the SETEC to monitor and assist states in the implementation of the CJR. In addition, PROJUST participated and contributed significantly to the SETEC’s 11th National Meeting of State Implementing Commissions, at the request of the SETEC. A key contribution was a presentation by PROJUST on Dr. John Kotter’s 8-Step Process for Leading Change, a valuable conceptual framework being utilized by PROJUST to support institutional transformation efforts and a resource that could be used as a reference for states themselves as they continue to evolve and improve justice delivery in Mexico. Finally, PROJUST continued its support to the SETEC toward further building capacity to monitor reform implementation progress and, more recently, making inroads into measuring performance.
USAID/MEXICO PROMOTING JUSTICE PROJECT vi QUARTERLY REPORT, OCTOBER-DECEMBER 2015 INTRODUCTION
This document reports on the activities and achievements of the USAID/Mexico Promoting Justice Project (PROJUST) for Quarter 1 (Q1) of Fiscal Year (FY) 2016, which covers the period from October 1 to December 31, 2015. The report is organized in seven sections: the first section presents information on the progress of reform implementation; the second section reports on the achievements per Task (1, 2 and 4); the third section details the general activities carried out in Q1; the fourth and fifth sections summarize training data and the activities carried out in Q1; and the last two sections reflect on the challenges faced and opportunities identified during the quarter, sharing lessons learned to inform implementation. A number of annexes are included and provide more information. REFORM IMPLEMENTATION PROGRESS
As the deadline to transition to the New Criminal Justice System (NCJS) nationwide approaches, effort has intensified to ensure implementation across all states and the Federal District. The Technical Secretariat of the Criminal Justice Implementation Commission (SETEC, acronym in Spanish), with technical assistance (TA) from PROJUST, carries out an annual assessment of reform implementation progress across the country. This assessment is based on a methodology that categorizes and ranks states in five areas of reform implementation, namely Training; Information Technology; Institutional Reorganization; Infrastructure; and Harmonization of Legislation. Over 500 indicators are used to measure progress and each state and category of justice institution is classified by an average ranking.
Although the assessment is an annual exercise, data is compiled quarterly and results updated to allow for close monitoring throughout the year, and in particular in the last few months leading up to the Constitutional deadline for the transition.
This section summarizes the results released by the SETEC in December 2015, and makes comparisons with previous points in time for illustration of progress. In general, the analysis refrains from referring to specific states given the confidential nature of the data. A summary presentation detailing results per state and institution is available to USAID upon request.
Highlights of the results as of December 2015 include:
◼ Five states are in advanced levels of implementation and three are in optimal level. ◼ 12 states are in intermediate-high level of reform implementation and another 10 are categorized as intermediate. ◼ Sonora, the state that was lagging behind, officially started implementation of the NCJS in December 2015 and has moved from a ranking of 2.5 in June 2014 to 3.9 (on a scale of 1 to 10) as of December 2015. ◼ The national average ranking on reform advancement is 6.53 (on a scale of 1 to 10) as of December 2015, up from 3.8 in early 2014.
Graph 1 below shows the incremental progress in the national average ranking (on a scale of 1 to 10) in the last few months to December 2015.
USAID/MEXICO PROMOTING JUSTICE PROJECT 1 QUARTERLY REPORT, OCTOBER-DECEMBER 2015
PROJUST also monitors the status of reform implementation at the state level by monitoring coverage. States implement the NCJS incrementally by judicial districts and types of crimes. As of January 2016, a total of seven states (Chihuahua, Durango, Zacatecas, Nuevo Leon, State of Mexico, Morelos and Yucatan) were at 100% implementation (i.e. all districts and types of crimes), the remaining states were in partial implementation status as shown in Image 1 below. As noted above, with the launch of the NCJS in Sonora in December 2015, the new system is being implemented across the country, though with different levels of progress.
USAID/MEXICO PROMOTING JUSTICE PROJECT 2 QUARTERLY REPORT, OCTOBER-DECEMBER 2015 Image 1: States in Full Implementation Status of the New Criminal Justice System (as of January 2016)
USAID/MEXICO PROMOTING JUSTICE PROJECT 3 QUARTERLY REPORT, OCTOBER-DECEMBER 2015 ACHIEVEMENTS PER TASK
Task 1. Advance Legislative Reform
A highlight of the work of Task 1 this quarter was the submission of the National Juvenile Justice Law initiative to the Senate and an accompanying press conference to announce the submission to national media and the public. Other support for legislative reform focused on pushing ahead to finalize a unified proposal for reforms to the National Criminal Procedure Code (NCPC) and the development of a conceptual summary of the NCPC to serve as a reference for its application. PROJUST also contributed to the advancement of legislative reform at the state level through a variety of other activities, including direct and indirect TA to harmonize state legislative frameworks to the NCPC and the principles of the NCJS.
At the National Level
The NCPC, passed in December 2014, was a milestone of the Criminal Justice Reform (CJR) in Mexico. It marked a key step in strengthening the legislative framework essential to the successful implementation of the NCJS. The NCPC details all criminal proceedings, including the roles of justice officials, the provision of victims’ assistance, the application of precautionary measures other than pre-trial detention, and guidelines for conducting investigations and oral trials. However, feedback from civil society and justice sector operators has highlighted challenges of putting the Code into practice over the course of its implementation, which has informed efforts to revise it. Since FY 2015, PROJUST has led and facilitated the process of gathering input for a proposal on reforms to the legislation. In November 2015, PROJUST held a series of working sessions with representatives of the SETEC to analyze and discuss inputs received from the states in order to incorporate them into the reform proposal.
The inputs from states included recommendations such as changing the wording of some parts of the legislation, adding provisions for the victims of crimes to seek precautionary measures against the accused, and eliminating the requirement that judicial resolutions must be transcribed in full. Participants in the sessions also raised the issue of how the formal liquidation of the traditional justice system has been an increasing focus of attention in light of the approaching deadline of June 2016 for full transition to the NCJS. Indeed, the proposal to reform the NCPC originally contemplated the liquidation of the traditional system.
The NCPC reform proposal remains under discussion as there have been challenges for stakeholders involved to arrive at a consensus. A unified proposal is expected to reach Congress for consideration in the coming months. Improving the functionality of the NCPC, a central legislative framework of the reform, is key to the successful and sustainable implementation of the NCJS.
In line with the discussions around the need to liquidate the traditional system and in response to a request from the SETEC in October 2015, PROJUST completed a draft plan for the purpose, with a focus on legislative aspects. Further discussions with the SETEC concluded that the liquidation plan
USAID/MEXICO PROMOTING JUSTICE PROJECT 4 QUARTERLY REPORT, OCTOBER-DECEMBER 2015 should be a separate initiative from the NCPC reforms, in order to go beyond legislation and include operational guidelines that will be managed at the state level. To this end, PROJUST conducted working sessions with state representatives of Nuevo Leon, who had developed their own plan focusing on operational aspects, to investigate how this model could inform PROJUST’s legislative- focused plan toward creating a cohesive liquidation proposal. This initiative will continue once the SETEC facilitates Image 2: PROJUST and representatives from coordination sessions between PROJUST and Nuevo Leon discuss the development of a other actors supporting states in this process. cohesive proposal to liquidate the traditional justice system. Further support at the national level this quarter included efforts to establish networks for information sharing on the NCJS. PROJUST’s creation of virtual communities to network and share information was a direct response to the interest expressed by justice operators who participated in national forums organized in FY 2015, specifically those held in promotion of three national laws for Execution of Sanctions, Juvenile Justice and Alternative Dispute Resolution. In Q1 2016, PROJUST acquired two internet domains that will form the basis for the development of the envisioned online platforms for justice operators to analyze, discuss and disseminate information relevant to the implementation of the NCJS.
The communities, Network for Justice (redxlajusticia.mx) and Judges for the Reform (juecesxlareformapenal.mx), will target judges, prosecutors, public defenders and other justice operators so that they can engage on a diverse set of topics. The second domain will be a space specifically for criminal judges and will serve primarily for the discussion and dissemination of legal precedents under the new system. These legal precedents are based on the Supreme Court’s interpretation of contradictory rulings on similar cases by other courts and define the Supreme Court’s decision on the correct ruling for the type of case. Facilitating the establishment of sector- wide online communities will enhance the promotion and successful implementation of the NCJS at both the state and national level.
For the Benefit of All Target States
Another front of PROJUST’s legislative work this quarter has been the National Juvenile Justice Law, a pending initiative submitted to the Senate for approval in November 2015. The submission marked a milestone of PROJUST’s legislative support, following a number of months of work. The initiative, led by civil society organization (CSOs) in collaboration with PROJUST, will protect human rights and ensure harmonization of juvenile justice with the NCJS. The draft was adapted from a model law designed by the SETEC with prior USAID TA, which ensures civil society participation in criminal proceedings against juveniles. It also protects the rights of adolescents in conflict with the law and juvenile victims of crime, while promoting mechanisms for social reintegration.
USAID/MEXICO PROMOTING JUSTICE PROJECT 5 QUARTERLY REPORT, OCTOBER-DECEMBER 2015 On November 19, 2015, in Mexico City, a press conference was held at the Senate to announce to national media and the public the submission of the National Juvenile Justice Law initiative for approval. Participating Senate and CSO representatives introduced the objectives of the law, stressed the importance of reducing the use of juvenile detention for less serious crimes, and highlighted the bottom-up nature of the initiative. This resulted in greater legitimacy and practical relevance by incorporating expert experience and best practices in the matter. Subsequently, PROJUST held a follow-up working session with CSOs and a Senate representative to propose and discuss potential modifications to the pending legislation, including the assignment of specialized judges for cases of juveniles under the age of 12, the protection of the identities of juveniles during hearings, specialized training for police in juvenile justice, and the enforcement of a maximum sanction of five years for juveniles in conflict with the law. PROJUST Image 3: Press conference to announce to national expects the law to be discussed in media and the public the submission of the National the Senate once the formal Juvenile Justice Law initiative. legislative period opens in February 2016.
A related effort by PROJUST in the matter of juvenile justice was an analysis of an internal decree issued by the State Court of Coahuila in December 2015 regarding the institution’s role in the provision of juvenile justice at the state level. The decree details the processes of institutional reorganization and training that will be conducted for judges in order for the State Court to successfully operate under the accusatory system, including responsibilities for the implementation of juvenile justice. PROJUST analyzed the decree for its alignment to the principles of the pending National Juvenile Justice Law and found that it fell significantly short of meeting the legislation’s requirements, specifically the stipulation that requires juvenile justice to be under the responsibility of specialized justices trained specifically in the matter and requires operators to be aware of the distinct processes for juveniles versus adults. PROJUST will share this analysis with civil society and senate counterparts working on the legislative initiative so that they are aware of the findings and may take the necessary steps to ensure the correct and consistent implementation of juvenile justice nationwide. Advancing sound legislation for juvenile justice in line with the NCJS will ensure protection of the rights of juveniles throughout the criminal justice process.
On another front, PROJUST has incorporated periodic monitoring of government and civil society support for the reform in its activities. The monitoring aims to compile data to respond to a related project indicator under Task 3 and complements other efforts to keep abreast of reform implementation progress. To this end, PROJUST has been reviewing notifications in favor of the NCJS on online articles, websites and social media profiles of primary CSO counterparts and various government institutions. In Q1, PROJUST reviewed articles
USAID/MEXICO PROMOTING JUSTICE PROJECT 6 QUARTERLY REPORT, OCTOBER-DECEMBER 2015 reporting on recent events, legislative reforms or general discussions related to the implementation of the NCJS at the national and state level. Observations from this review indicate that there is a general support for the new institutions implemented as part of the reform (particularly the Women’s Justice Centers), and growing support for pending legislation, such as the National Juvenile Justice Law. As noted above, the information gathered will contribute to reporting on project indicators regarding support for the reform and will be an ongoing activity to compile data progressively over the course of the project.
Finally, in Q1 PROJUST continued the development of a conceptual summary of the NCPC to serve as a guide on the application of the NCPC at the state level and a reference for its implementation. This initiative started in late FY 2015 and carried over to this year. The summary calls attention to the more vague or complex stipulations of the NCPC with simple definitions of terms and relevant context to assist justice institutions and CSOs in their interpretation of the legislation. It also encompasses a legislative guide that will serve as a tool for harmonizing state legislation and includes sections that detail the requirements for legal proceedings to align to the NCPC, such as criminal investigations and processing of people with disabilities through the criminal justice system. This resource is expected to be finalized in the coming months before being distributed widely to justice institutions to support the improved implementation of the NCJS.
At the State Level
At the state level, PROJUST pressed ahead with its efforts to align state legislative frameworks to the NCPC, which is essential for the full transition to the NCJS. Assistance in this matter responded to the fact that the constitutional reforms and corresponding national laws set the legislative directive for a new accusatory criminal justice system, but all corresponding state frameworks, regulations, and guiding processes must also be harmonized to ensure the reforms are effectively implemented at each stage of criminal proceedings. Image 4: Representatives of the State Court in Coahuila discuss harmonization of the To this end, PROJUST has provided TA to a institution’s organic law and organic and number of states from project start-up and this civil service regulations to the NCPC. support will continue throughout FY 2016. In Q1, TA was provided to state justice institutions in Coahuila, Jalisco, Nuevo Leon, Puebla, Tabasco, Tlaxcala, Veracruz and Zacatecas for the harmonization of secondary laws and organic and civil service regulations to the NCPC and the principles of the NCJS, as detailed below.
Secondary laws refer to any state-level legislation that is secondary in authority to national laws and the constitution, including organic laws. Organic laws establish the general principles on which state
USAID/MEXICO PROMOTING JUSTICE PROJECT 7 QUARTERLY REPORT, OCTOBER-DECEMBER 2015 justice institutions are organized and operate. These laws provide clarity on the roles and responsibilities of each institution and the operationalization of national frameworks at the state level. The organic regulations operationalize the structure of the institution as outlined in the organic law. Civil service regulations further operationalize the organic laws by detailing the roles and responsibilities for each operator working within these institutions. Once adopted by states, the organic regulations assist and guide the process of institutional reorganization that is essential to align state criminal justice systems to the national reform. The organic laws form part of the legislative package that must be submitted to the respective State Congresses for approval. Over the course of FY 2015, PROJUST developed and validated models for the regulations in collaboration with the SETEC. This was a participatory process that involved inputs from representatives from various states, in addition to the SETEC.
This quarter, PROJUST’s direct TA in harmonization focused on supporting existing efforts by the states to reform their legislation and regulations. Working sessions were held with representatives of the State Courts, Public Defenders (PD) and Attorneys General (AG) Offices of state beneficiaries to discuss and assess progress on harmonization in line with PROJUST’s models. Given the gradual nature of reform implementation at the state level, with each entity progressing at their own pace, PROJUST’s TA varied from state to state, aiming to respond to the specific needs of each justice institution. For example, in Tlaxcala PROJUST initiated the harmonization process of the State’s AG Office Organic Law by compiling information on previous reforms to the Organic Law in order to assess its current harmonization to the NCJS. PROJUST then held a follow-up session with representatives of the State
Implementing Commission and State Court to present and discuss its models for such laws to Image 5: State Court representatives in participants and agreed to conduct an analysis Tlaxcala discuss harmonization of the of a draft proposal to be developed by State court’s organic law and regulations to the Court representatives outlining positions and NCPC. responsibilities for its staff.
In Tabasco − a state that has consistently demonstrated best practices in its secondary state law harmonization process and commitment to integrating the principles of the NCJS in these documents − PROJUST supported the State PD Office’s existing efforts with an analysis of the alignment of their current draft organic law and regulations to the NCJS and the NCPC. In addition to providing feedback on areas for improvement, PROJUST highlighted important considerations, such as the need for restructuring the PD Office once the regulations have been approved and the importance of making timely budget considerations for the implementation of the civil service regulations for PDs.
USAID/MEXICO PROMOTING JUSTICE PROJECT 8 QUARTERLY REPORT, OCTOBER-DECEMBER 2015 Nuevo Leon presents another example of the variety of TA provided for state legislation and regulatory harmonization. Having already initiated secondary law reforms, the state recently made changes to the organic laws for all three of its principle state justice institutions. In collaboration with the CSO Renace Institute and local legal specialists, PROJUST developed a document detailing observations on the recent reforms to the law and regulations for the State Court with a focus on harmonization to the NCPC and specific recommendations regarding areas for future support. Recommendations include the need to implement monitoring and evaluation units, promote the entry into force of organic regulations to support the operationalization of the state organic laws and work to complete the transition of justice operators from the traditional system to the NCJS. The document was shared with the SETEC with the purpose of informing their future support to the state.
A summary of the legislative TA at the state level this quarter is provided in Table 1 below. Advancing sound legislation at the state level will ensure proper implementation of the NCJS throughout Mexico.
Table 1: Legislative TA by State TA Provided State Secondary Laws Organic and Civil Service Regulations Coahuila - State Court, AG and PD Office organic and civil service regulations Jalisco - State Court, AG and PD Office organic and civil service regulations Puebla AG Office Organic Laws PD and AG Office organic and civil service regulations Tabasco PD Office Organic Law and State Victims’ PD Office organic and civil service regulations Assistance Law Tlaxcala - State Court organic law and organic and civil service regulations Zacatecas PD Office organic and civil service regulations Nuevo State Court Organic Law State Court organic regulations Leon Veracruz State Witness Protection Law -
In order to assist the work with states in harmonization of organic regulations, in Q1 PROJUST developed a presentation on the organizational structure of State Courts, AG and PD Offices under the NCJS. The presentation provides details on the administrative structures for each justice institution based on the corresponding model of organic regulations and has been serving as a tool during legislative TA.
USAID/MEXICO PROMOTING JUSTICE PROJECT 9 QUARTERLY REPORT, OCTOBER-DECEMBER 2015 Task 2. Increase Prosecutorial and Judicial Effectiveness
In Q1 2016, PROJUST worked on the development of a variety of tools and resources to improve the performance of justice operators, primarily at the state level. These included operational protocols, instructional videos, a manual, training standards and assessment tools. PROJUST provided direct and indirect TA to states to improve institutional capacity through continued implementation of proven models, such as the Pre-Trial Services (PTS) Unit model, and provided support for institutional strenghening targeting State Courts, PD and AG Offices. PROJUST also contributed to improving human capacity through training, benefiting 127 justice operators this quarter. Finally, PROJUST kicked off implementation of its new three-stage differentiated strategy for improving coordination between prosecutors and police investigators, with Queretaro being the first benefiting state.
At the National Level and For the Benefit of All Target States Support under Task 2 at the National and All States Level this quarter centered on the development of tools and resources for capacity building of justice operators. This supports efforts to enhance operations at the institutional level and improve the impact of future PROJUST training. The resources included protocols for Case Screening Units and inter-institutional communication; standards for training in oral litigation; evaluation instruments that assess the capacity of justice officials to conduct their roles under the NCJS; instructional videos for justice operators, including investigative police; and a manual on how to construct the theory of the case. For details on each tool and its development status, please see Table 2.
Table 2: Capacity Building Tools Developed in Q1 2016 Tool Description Status Operational protocols for The protocols are step-by-step instructions to PROJUST will finalize the new and existing Case guide justice operators in these Units in draft protocols to Screening Units carrying out preliminary, desktop investigation subsequently share and when screening cases that allow for discuss the drafts with determining if further investigation is needed the SETEC for feedback (by other specialized investigation units) or and validation. not necessary due to lack of probable cause or insufficient evidence. Protocols for inter- The protocols are step-by-step instructions to PROJUST will finalize the institutional guide justice operators through procedures draft protocols to communication between and best practices to improve coordination subsequently share and AG and PD Office and information sharing between the AG and discuss the drafts with operators PD Offices, such as how to handle cases the SETEC for feedback where a suspect cannot afford a defense and validation. lawyer. Training standards for The standards specify core training topics to In progress. future training in oral cover; the minimum number and type of litigation for PDs operating instructional activities required for a quality under the NCJS training; and teaching methodologies and strategies to this end, such as adapting
USAID/MEXICO PROMOTING JUSTICE PROJECT 10 QUARTERLY REPORT, OCTOBER-DECEMBER 2015 content to the local context for greater relevance. Evaluation instruments The instruments will assess the effectiveness In advanced stages of of prior PROJUST training by way of assessing development. the application of knowledge and skills gained. These tools are being specifically designed for use in PROJUST’s training assessment to be conducted in 2016. Instructional video for The instructional video will introduce justice In progress. PROJUST is judges, prosecutors and operators to best practices for oral trials and completing the script and PDs on how to preside the core skills needed to successfully preside dialogue, drawing on over and litigate in initial over and litigate during trials. information from various hearings in accordance resources developed with the NCPC under prior TA.
Instructional video A visual overview for police investigators and In the initial stages of intended to be a guide for prosecutors on how to conduct coordinated development. police and prosecutors in investigations under the NCJS, including a the conduct of coordinated dramatized sample investigation. investigations under the NCJS Manual on how to A detailed guide to enhance litigation skills for In the initial stages of construct the theory of the justice operators by detailing how the theory development. case of the case is the guiding strategy for a defense or prosecution to convey legally relevant facts supported by evidence.
The final products will be valuable tools for use in training to enhance the capacity of justice operators and shared as resources for justice institutions to uphold the principles of the NCJS.
Additional efforts this quarter toward improving the effectiveness of capacity building activities included two Training of Trainers (ToT) workshops for 35 project consultants held in November and December 2015. The sessions aimed to increase their capacity as training instructors on oral trials and litigation skills, and standardize training delivery throughout PROJUST’s activities. Participants analyzed and Image 6: PROJUST’s consultants increase discussed standard operating procedures their capacity as training instructors on (SOPs) used by judges, prosecutors and public litigation skills. defenders in Mexico in order to homogenize accompanying training standards on key legal proceedings. Specific topics included pre-trial detention, evaluation of evidence, opening a case and conducting oral trials.
USAID/MEXICO PROMOTING JUSTICE PROJECT 11 QUARTERLY REPORT, OCTOBER-DECEMBER 2015 At the State Level
The success of the reform rests in part on institutions that are able to evolve and transform toward improving justice delivery in Mexico. Supporting institutions in this process is one of the focus areas under PROJUST. To this end, in Q1 2016 PROJUST moved forward on the implementation of four models and methodologies for improving the performance of state justice institutions, in particular for AG and PD Offices, State Courts, and State Secretariats of Public Safety (SSP, acronym in Spanish). These included models for Case Screening Units and PTS Units;1 the Human and Institutional Capacity Development (HICD) methodology; and the Institutional Reorganization Model (IRM).
Case Screening Units play a key role in enhancing the efficiency of case processing by analyzing and making early decisions on cases, where applicable, or by channeling cases to the appropriate investigation unit for more prompt and adequate response. To lay the groundwork for the implementation of this model at the state level, PROJUST held working sessions with representatives of the AG Offices, State SSPs and State Implementing Commissions of Hidalgo, Sonora and Veracruz to present the model and identify opportunities in order to effectively plan future TA in this area. If Case Screening Units are effective, their work can positively impact key reform objectives, such as reducing case backlog and increasing case disposition rates, key objectives of the NCJS. Image 7 below illustrates the work of these units.
Image 7: Case Screening Process
1 PTS Units operate under different justice institutions depending on the state and in some cases function independently. In a number of states PTS is considered under the responsibility of the SSP.
USAID/MEXICO PROMOTING JUSTICE PROJECT 12 QUARTERLY REPORT, OCTOBER-DECEMBER 2015
Building on the work done in FY 2015 and under previous USAID assistance programs, PROJUST pushed ahead with support for the implementation of PTS Units in Mexico during Q1 2016. These Units are responsible for obtaining quality and objective information on the flight risk of defendants that allow justice officials to impose effective precautionary measures and only apply pre-trial detention when strictly necessary. They are also responsible for supervising compliance with precautionary measures or conditional release provisions. This quarter, PROJUST provided support for the implementation of the PTS model in eight states (Baja California Sur, Chihuahua, Guanajuato, Nuevo Leon, Oaxaca, Queretaro, Quintana Roo and Tlaxcala).
First, PROJUST held internal working sessions to fine-tune planned TA at the start of the quarter. PROJUST reviewed and updated materials on techniques for risk-assessment interviews, supervision of compliance with precautionary measures, the process of verifying information provided during interviews, risk analysis, key positions and responsibilities of PTS operators, and the development of the flight-risk assessment reports. PROJUST also compiled data on the territorial expansion of services in states in advanced stages of PTS implementation, such as transport times from each state Unit to their corresponding judicial districts to assess difficulties associated with supervision and the Table 3: PTS Status (for adults) for States Supported in Q1 FY 2016 State # of PTS PTS Unit by District and Start Date Unit(s) in the State Baja California Sur 1 Comondu (July 2015) Chihuahua 0 In progress Guanajuato 0 In progress2 Queretaro 5 San Juan del Rio (June 2014) Amealco (June 2014) Cadereyta de Montes (September 2014) Toliman (September 2014) Jalpan de Serra (September 2014) Nuevo Leon 0 In progress Oaxaca 1 Sierra Norte y Sierra Sur (December 2015)
Quintana Roo 0 In progress3 Tlaxcala 2 Guridi y Alcocer (December 2014)4 Sanchez Piedra (November 2015) implementation of precautionary measures. PROJUST’s direct TA to states for PTS varied depending on their stage of reform and PTS implementation. Table 3 provides a summary of the status of PTS per state that received support from PROJUST in this area in Q1 2016, with additional detail on the TA provided this quarter below.
2 Note that PROJUST will no longer continue providing TA to this state given that support in this matter is already being provided by other external consultants. 3 Idem. 4 The judicial district of Guridi y Alcocer includes the capital city of Tlaxcala, Tlaxcala, which is the principal Unit from which central direction is given for PTS in the state.
USAID/MEXICO PROMOTING JUSTICE PROJECT 13 QUARTERLY REPORT, OCTOBER-DECEMBER 2015
In Nuevo Leon, PROJUST held an initial working session with representatives of the State SSP to present the PTS model and gain institutional buy-in for its rollout in the state. PROJUST outlined the primary processes for risk assessment and monitoring of precautionary measures, in addition to the principle steps for establishing Units and implementing the model. State representatives confirmed interest in establishing the first of such Units for Nuevo Leon, but advised that future support for their establishment would need to wait until after state elections in 2016, given the likelihood of leadership turnover and the current lack of consensus on which justice institution will be
responsible for the provision of PTS in the state. Image 8: PROJUST works with justice officials in Nuevo Leon to establish the first In the case of Oaxaca, PROJUST provided TA Pre-Trial Services Unit in the state. for the development of a number of tools and resources for the State’s first PTS Unit that began operations in December 2015. Specifically, PROJUST adapted its operations manual to the context of Oaxaca and reviewed state guidelines and existing inter-institutional agreements between the State Court, SSP and the PD and AG Offices, ensuring compliance with current state requirements and alignment with the structures and existing coordination protocols between these state justice institutions. The manual integrates the unique context of the Oaxaca justice system, which considers local indigenous authorities in the administration of criminal justice. The initial draft of this and other resources (including SOPs, flowcharts and competency profiles for staff) were presented to representatives of the Sub-Secretariat of Crime Prevention and Social Reintegration and state leadership for comments, validation and approval. These tools are currently being piloted during the Unit’s start-up operations.
For those states with PTS Units already operating, PROJUST’s support ranged from analyses of institutional contexts to the development of instruments to improve operational efficiency. In Queretaro, PROJUST analyzed the inter-institutional agreements required to facilitate the creation of additional Units. In Chihuahua and Baja California Sur, PROJUST provided TA to the SSP to support the recruitment process of PTS staff for future Units to be opened in the states by conducting skills-based interviews alongside SSP representatives. In Guanajuato, the analysis focused on the quality of services currently provided by the PTS Unit that also forms part of the SSP.
In states in the process of establishing their first PTS Unit, the support was directed at preparation arrangements. In Chihuahua, PROJUST provided assistance for staff recruitment. In Quintana Roo, support focused on facilitating the creation of operational instruments to support the provision of services in line with the PTS methodology, such as formats for assessing operator performance and SOPs to guide staff in adhering to performance and quality standards. Tlaxcala, which opened
USAID/MEXICO PROMOTING JUSTICE PROJECT 14 QUARTERLY REPORT, OCTOBER-DECEMBER 2015 a second Unit in November 2015, also received similar support to that provided to Quintana Roo. The implementation of PTS will foster respect for the presumption of innocence and contribute to reducing pre-trial detention rates, two objectives of the NCJS.
A third line of institutional capacity building in Q1 was the support to strengthen State Courts’ ability to more effectively process cases. PROJUST’s utilizes USAID’s HICD methodology to this end. The HICD is an eight-step process implemented in state justice institutions to understand the causes of identified problems, define and assess gaps in performance, and point to relevant solutions that are monitored and evaluated for improved effectiveness. This Image 9: In Zacatecas, PROJUST and State quarter, PROJUST facilitated HICD Court representatives discuss the court’s implementation in State Courts in performance in case management. four states: Baja California, Morelos, Puebla and Zacatecas.
In order to start the process, PROJUST held initial working sessions with court representatives from each state to introduce the HICD methodology and how it can be used to identify and improve performance gaps. Representatives in each state discussed challenges related to case disposition rates and how the model could be applied in each state’s institutional context to improve performance.
PROJUST then conducted follow-up visits to determine each court’s current case management capacity by observing different processes, such as the way cases are processed and recorded, the way statistical information is generated, the professional profiles and working conditions for staff. PROJUST noted observations from key court administrators and judges on the respective judicial jurisdiction’s operation, the relationship and coordination among administrative staff and judges, and their perception of workload and areas of opportunity to improve performance. PROJUST also observed initial hearings in Baja California and Morelos and analyzed the processing of an accused by the court to further inform the HICD implementation moving forward.
Additionally in Puebla, PROJUST visited the State Court facilities to verify information provided by the institution on its performance, specifically in relation to the indicator for criminal case disposition rate. It was apparent that data was not being adequately systematized, with glaring inconsistencies as to what constitutes an open criminal case, resulting in unrealistically low case disposition rates. These observations highlighted a clear area of opportunity for TA to improve data collection methods and gain a more accurate understanding of the court’s performance.
USAID/MEXICO PROMOTING JUSTICE PROJECT 15 QUARTERLY REPORT, OCTOBER-DECEMBER 2015 On a third front, this quarter PROJUST laid the groundwork to implement the HICD methodology to improve case-related data registration and management in PD Offices in three states. PROJUST held working sessions with representatives of the State PD Offices of Nayarit and Coahuila to discuss the HICD methodology and its application to enhance institutional performance. Participants in both states agreed to conduct a diagnostic to identify gaps in this area and identify solutions to be implemented. PROJUST also met with representatives of the Nuevo Leon PD Office to establish institutional buy-in with the new leadership, presented the HICD methodology, and discussed planned TA to ensure continuity of PROJUST activities for HICD implementation. Table 4 below summarizes the status on HICD implementation to date.
Finally, PROJUST coordinated with Task 1 in complementing the state-level legislative work in secondary laws and organic regulations with support for institutional reorganization. In Q1, PROJUST initiated an analysis of the reorganization needs of State PD Offices in Oaxaca and Zacatecas, using the IRM Model as a reference. The IRM guides institutions to develop or update organizational charts, restructure or create key units and areas within the office, and reorganize human and financial resources to ensure they are operating in line with the
NCJS and respecting due process. In both Image 10: Representatives of the Public Oaxaca and Zacatecas the team conducted Defenders’ Office in Zacatecas discuss progress an initial diagnostic of the level of in harmonization of organic laws and harmonization of the PD Office’s organic regulations. laws and regulations to the NCPC. The diagnostic sought to assess adherence of operational structures and quality standards to the accusatory system with regards to SOPs for staff, minimum performance standards, and the proper use of human and material resources. The data and information compiled in this exercise has allowed PROJUST to determine the TA required to facilitate successful reorganization in these institutions. The process is expected to progress in the coming months, assuming continued buy-in.
Table 4: HICD Implementation Status per State and Institution State Institution HICD Status by Step Baja California State Court Steps 3 and 4 in process Coahuila PD Office Yet to begin Morelos State Court Step 5 in process Nayarit PD Office Yet to begin Nuevo Leon PD Office Step 1 complete Puebla State Court Step 6 in process Zacatecas State Court Step 4 complete
In Tabasco, PROJUST held working sessions with representatives from the AG Office to discuss planned assistance. Following an introduction of the project and a review of work conducted over FY 2015, PROJUST outlined the strategy for planned TA, including strengthening of
USAID/MEXICO PROMOTING JUSTICE PROJECT 16 QUARTERLY REPORT, OCTOBER-DECEMBER 2015 the newly established Specialized Investigation and Prosecution Unit within the AG Office and implementation of the HICD methodology to improve performance overall. PROJUST will continue to work jointly in the provision of future TA to promote collaboration among operators.
Beyond building strong institutions, the successful implementation of the reform depends on the quality of human resources. PROJUST continued to make contributions to human capacity in Q1 through training. State justice operators in Baja California, Nayarit, Tabasco, Sonora and Veracruz benefited from training.
In Sonora and Veracruz, training was conducted for judges, prosecutors and PDs on how to preside over and litigate in oral trials under the NCJS. The training in Sonora covered initial and intermediate hearings, with a particular focus on the legality of arrests, judicial review of indictments, processing of the accused, precautionary measures and hearings. An additional training course in Sonora covered sentencing and issuing rulings. In Veracruz, training courses covered intermediate hearings, including accusations, preliminary Image 11: PROJUST builds the capacity of justice rulings and the exclusion of evidence, operators in Sonora to effectively operate under among other proceedings. Following the NCJS. instruction, each group of justice officials participated in mock hearings to practice knowledge and skills gained, and received feedback from PROJUST based on their performance. PROJUST’s observations are summarized in Table 5. In general, trainees appreciated the training opportunity and its usefulness, as illustrated in the quotes below.
In Baja California, Nayarit, and Tabasco, “This type of training in the New Criminal Justice PROJUST conducted training for operators of System is needed, given it strengthens and improves the Specialized Investigation and Prosecution the work teams in the process of criminal case Units from each state. This was a joint training investigations.” for police investigators and prosecutors to improve coordination between these two key –Prosecutor from Tabasco, a PROJUST training beneficiary actors in criminal case investigations. Topics included the current situation of homicide prosecution in each state; protocols for improved coordination of homicide investigation among police investigators, prosecutors and forensic experts; international models for such coordination; and case investigations based on international best practices.
Finally, during this quarter in Queretaro PROJUST kicked off implementation of the new, three-stage differentiated strategy to improve coordination between police and
USAID/MEXICO PROMOTING JUSTICE PROJECT 17 QUARTERLY REPORT, OCTOBER-DECEMBER 2015 prosecutors in criminal investigations. PROJUST held a working session with members of the State Implementing Commission, State SSP, AG Office and representatives of USAID to spearhead implementation of the first activity of phase one. The strategy will deliver customized (i.e. state specific) support to benefiting states with the aim of improving the ability of justice operators to more effectively respond to and conduct investigations. This will be accomplished by strengthening communication and coordination between these two key actors from the moment of a possible arrest. Directors of each of the above-mentioned state institutions participated in the session. The focus of this first approach was to gain political buy-in for moving forward with implementation. Drawing on aspects of the Political Economic Analysis methodology, PROJUST gained an initial understanding of the issues from key stakeholders and secured their support for moving ahead. Implementation will continue throughout the year, with other states to be added. This effort is underpinned by the concepts of Dr. John Kotter’s 8-Step Process for Leading Change, a valuable conceptual framework to support institutional transformation efforts. Image 12 below provides a general view of the strategy stages. Improving coordination between police and prosecutors is a key aspect of improving criminal case prosecution rates, a key objective of the NCJS.
Image 12: Three-Stage Differentiated Strategy
Task 4: Strengthen Analytical and Quality Control Capabilities of Targeted Justice Institutions
This quarter, as part of its efforts to enhance the capacity of justice institutions to monitor and measure reform progress, PROJUST participated in activities to improve coordination among actors involved in supporting reform implementation at the state level. PROJUST continued its support to further build SETEC’s capacity to monitor reform progress and move toward measuring performance at the national level. Further, PROJUST conducted a study tour to Chile for Mexican justice officials to learn best practices in CJR implementation applicable to the Mexican context.
For the Benefit of All Target States
As the Constitutional deadline of June 2016 to transition to the NCJS nationwide approaches, the importance of coordination to maximize reform efforts has become a top priority. To this end,
USAID/MEXICO PROMOTING JUSTICE PROJECT 18 QUARTERLY REPORT, OCTOBER-DECEMBER 2015 PROJUST participated in a working session organized by the SETEC to strengthen coordination among key actors in reform implementation. The session, held in November 2015 in Mexico City, was attended by over 70 representatives of US donor agencies (including USAID), the public sector, and the private sector represented by companies specifically hired by the SETEC to monitor and assist states in the implementation of the CJR. Key outcomes of the event included: the preparation of a coordination plan to guide the work by all parties; the creation of virtual channels to facilitate instant communication between PROJUST, the SETEC and companies supporting the states (four WhatsApp groups were created); and commitment by all parties to work in a concerted and coordinated manner in their efforts to assist states, each adding value and contributing within their scope of support.
In a parallel effort to create a sense of urgency in reform implementation, PROJUST participated in the 11th National Meeting of State Implementing Commissions organized by the SETEC held from November 26-27, 2015 in Villahermosa, Tabasco. All 31 states and the Federal District were represented in the event, including State Implementing Commissions and key justice sector institutions (State Courts, AG and PD Offices). The overall objective of the event was to bring together key actors to discuss and agree on priority actions for states to fully transition to the NCJS by the June
2016 Constitutional deadline.
Image 13: PROJUST participates in the 11th At the request of the SETEC, PROJUST National Meeting of State Implementing participated and contributed significantly to Commissions in Tabasco. the event. This included delivery of a presentation on Dr. John Kotter’s 8-Step Process for Leading Change, another presentation on PROJUST’s draft plan to liquidate the traditional system, and participation and/or leadership in break-out group discussions. PROJUST facilitated a discussion on specific strategies for liquidation, including transferring financial and human resources from the traditional to the new system. The meeting also provided an opportunity for state representatives to advance their planning efforts with the guidance of the SETEC. Participants were tasked with defining and documenting (in a standardized format developed by the SETEC) liquidation steps and priority actions for reform implementation in areas such as infrastructure, training and inter-institutional coordination. Costs, timeline for completion and responsible parties were also specified, whenever possible. The event included a number of discussion panels that covered key topics under the CJR, including the progress to date on the national training program for police, the SETEC’s proposed indicators to measure performance of the reform and the SETEC’s financial support program for 2016.
Concurrently, direct TA to the SETEC this quarter included support for moving forward SETEC’s initiative to measure the performance of the reform through a set of indicators. PROJUST conducted an assessment of data from the National Institute for Statistics and
USAID/MEXICO PROMOTING JUSTICE PROJECT 19 QUARTERLY REPORT, OCTOBER-DECEMBER 2015 Geography (INEGI, acronym in Spanish) to compare variables available in the INEGI’s data set to the proposed indicators being considered by the SETEC to identify possible areas where future measurement may duplicate efforts and where collaboration would be of benefit. The SETEC has yet to measure or evaluate performance within the NCJS. PROJUST found the INEGI’s variables to be more complex but also farther reaching in their measurement of performance. PROJUST intends to promote coordination between the SETEC and INEGI in data collection and evaluation efforts.
In tandem, PROJUST provided TA to the SETEC to continue improving its annual study of reform implementation progress. Specifically, PROJUST worked with the SETEC team in the development of scorecards to compile information provided by justice institutions for the study. Support will continue in the coming months to better systematize the information collected from the states on reform progress.
Beyond support to and collaboration with the SETEC, assistance under Task 4 in Q1 included capacity building of justice sector operators to better drive the reform through learning from Chile’s experience. In October 2015, PROJUST conducted a study tour to Santiago, Chile, for Mexican justice officials to learn “Best Practices and Informed Decisions in the Criminal Justice Sector”. The activity aimed to strengthen
internal management within, and coordination between, Mexican justice Image 14: A delegation of Mexican justice institutions based on an exchange of best officials participate in a study tour to Chile to practices with Chilean counterparts on learn best practices in Criminal Justice Reform. information management, data analysis and informed decision making. A total of 15 representatives from Mexico’s justice sector participated, representing 10 states and the SETEC. Having successfully implemented and sustained a cohesive CJR, the Chilean justice sector presents a highly relevant case study to guide Mexico’s own transition to an accusatory system.
Visiting representatives from Mexico identified several key best practices applicable to the Mexican context. This included digitization of State Court records; the development of an evaluation unit for PDs that receive feedback from clients; and the differentiation in proceedings for less-serious cases versus more complex cases. Additionally, the study tour reinforced the importance of several of PROJUST’s activity objectives under Task 4, including the establishment of monitoring and evaluation units within each institution to collect, systematize and analyze data on performance and highlight areas of opportunity; the use of quantitative data in management and decision making; and inter- institutional communication and coordination.
USAID/MEXICO PROMOTING JUSTICE PROJECT 20 QUARTERLY REPORT, OCTOBER-DECEMBER 2015 Participants appreciated the opportunity to learn from Chile’s experience, and some have already applied back home some of practices learned, as illustrated in the testimony from Morelos in Box 1 below. A full report in this study tour is included in Annex V.
Box 1: Study Tour Participant Testimony “Public criminal defense in Latin America is perceived differently depending on the country. For example, in Mexico prior to the Constitutional Reform on Criminal Justice in 2008, criminal defense was considered inconsequential and even socially scorned. The defense is, however, regaining recognition as a result of being a key pillar of the accusatory criminal justice process and the guarantor of due process and respect for the presumption of innocence of all criminal defendants. However, the fact that public criminal defense has resurfaced under a new paradigm necessarily obliges the states to seek, understand, compare, share and replicate best practices in security and justice, as exemplified by Chile’s own case.
It should be noted that the support and coordinated efforts of the Mexican Government with international organizations such as USAID has made it possible for the states to experience exchanges such as this study tour. The opportunity allowed participants to generate networks of communication that permit Mexican justice officials to share information with Chilean officials to understand the structure, organization, operation and types of interventions in an accusatory criminal justice system. Since Chile has consolidated their processes and procedures, it stands as an impactful example on how to generate improvements and adjustments to both administrative areas and operations for Mexican justice institutions.
In the case of Morelos, a proposal was immediately submitted to the State Government for the creation of a committee that can implement civil service regulations for public defenders and ensure a dignified and timely access to career services.”
− Mirta Aguirre Gomez, General Director of the Public Defender’s Office of Morelos
GENERAL ACTIVITIES
Promoting Institutional Buy-In at the State and National Level
As part of an ongoing process to promote institutional buy-in at both the state level, PROJUST conducted a series of working sessions with state justice officials in Baja California, Coahuila, Hidalgo, Queretaro, San Luis Potosi and Sonora. In general, in these sessions PROJUST presented its work plan and explained the various objectives, tasks and components of the project, with specific focus on the scope, objectives and activities planned for each state. These events also provided the project with an opportunity to promote policy dialogue on the CJR, share best practices for reform implementation, and discuss pressing needs of states in their efforts to transition to the NCJS and the types of PROJUST support that can be of assistance in the process.
USAID/MEXICO PROMOTING JUSTICE PROJECT 21 QUARTERLY REPORT, OCTOBER-DECEMBER 2015 In Sonora, PROJUST met with the new leadership of the State Implementing Commission as well as representatives of the State Court, AG and PD Offices to discuss TA to support the state’s efforts in accelerating the implementation of the CJR. As the state farthest behind in this process, Sonora’s recent change in government presented an important opportunity for PROJUST to establish buy-in with the new administration. State representatives expressed their openness and enthusiasm for the support offered. This buy-in opened the doors for support provided by PROJUST in Q1 and reported elsewhere in this report, including training to justice sector operators and different institutional support through TA.
The NCJS officially entered into force in Sonora on December 15, 2015, and PROJUST participated in the inaugural ceremony. Also present at the event were
representatives of USAID, the State Image 15: Inauguration of the New Criminal Implementing Commission, the Head Justice System in Hermosillo, Sonora, in Magistrate of the State Court, the December 2015. President of the State Congress, the State AG and other State justice officials. Participants discussed challenges and opportunities related to the implementation of the accusatory system in the state. PROJUST also participated in presentations by State Court representatives of the new installations of the court and the court’s updated equipment for case management and registration, and by staff of the Case Screening Unit of the AG Office on their case screening methodology. PROJUST provided feedback in line with its Case Screening Unit model and discussed activities planned for 2016 to continue to assist the state with its transition from the traditional to the accusatory system.
In addition to specific state-level working sessions, PROJUST also participates in other events to promote the project and contribute to dialogue centered on advancing the CJR reform in Mexico. In Nuevo Leon, PROJUST’s Chief of Party participated in the presentation of the Sixth Report of the Citizen’s Justice Observatory held in Monterrey on November 10, 2015. Attendees included representatives of CSOs, the SETEC, the State Implementing Commission, the State Congress, the State Court, the State AG and PD Offices. Participants discussed the 20 recommendations outlined in the report to accelerate implementation of the reform. These included improving interinstitutional coordination to facilitate implementation of the accusatory system, expediting the harmonization of the AG Office’s Organic Law to the NCPC, and implementing civil service regulations to prevent turnover and provide opportunities for a professional career track based on merit.
In Baja California, PROJUST’s Chief of Party participated in a forum on Criminology held at the University of Xochicalco in Mexicali on November 12, 2015, to discuss challenges and opportunities related to the study of criminology in Mexico, following the implementation of the NCJS.
USAID/MEXICO PROMOTING JUSTICE PROJECT 22 QUARTERLY REPORT, OCTOBER-DECEMBER 2015 In Queretaro, PROJUST participated in the First Ordinary “Queretaro is not only supported Session of the Interinstitutional Commission for the by the SETEC, but also by our Implementation and Evaluation of the Accusatory System in the State. The event, held on December 7, 2015, was valuable partners, USAID and organized by the Commission and directed by the State PROJUST, that are participating in Governor at the request of the General Director of the this important event today. They SETEC. The Commission, which was created on November have been our technical advisors 13, 2015, acts as a State Implementing Commission with an and have assisted us in identifying added focus on evaluating the implementation of the NCJS the indispensable aspects that in the state. Participants included the State Governor, the need to change throughout the State Attorney General, the Head Magistrate of the State country to allow for the Court, the Director of the State Public Defenders’ Office, implementation of a functional the General Director of the SETEC, as well as accusatory system that complies representatives of USAID, PROJUST, the Ministry of the with the essential principles Interior and the State Congress. The session included a established by our Constitution.” presentation of the current phase of implementation of the accusatory system in the state (the third and final stage) and - Dr. Maria de los Angeles Fromow results of a diagnostic of stages one and two to draw Rangel, General Director, SETEC lessons learned for the final phase leading up to the 2016 Constitutional deadline for full transition to NCJS. PROJUST’s Chief of Party spoke on the support provided to the state so far through technical assistance and training, and emphasized that Queretaro has been a pilot for certain initiatives, in particular related to PTS through implementation of ToT and a Quality Control Model for PTS Units. The possibility of considering Queretaro for integrated PROJUST support going forward was mentioned, with a view to increase the impact of the support provided. In their addresses delivered at the event, both the State Governor and SETEC’s General Director showed appreciation for the support received from USAID through PROJUST, as illustrated in the quote reproduced above.
Gender Equity Plan Activities
In addition to technical activities under Task 1, 2 and 4, PROJUST also carries out cross-cutting activities related to the implementation of its Gender Equity Plan. These are summarized below for Q1.
In response to a request by USAID, in November PROJUST collaborated with representatives of a consulting group C230 Consultants, who are currently developing a study to analyze the link between public security and the incidence of gender-based violence in Mexico. The study aims to map the current interventions by CSOs, the Government of Mexico and USAID related to gender- based violence as a means to identify areas of opportunity, best practices and lessons learned for integration into future USAID/Mexico programming. As part of its contribution to the study, PROJUST shared its experience and activities related to integrating a gender perspective into project activities and the implementation of the CJR.
As part of the implementation of the Gender Equity Plan, PROJUST carried out a series of workshops and working sessions with training instructors and project staff on how to incorporate
USAID/MEXICO PROMOTING JUSTICE PROJECT 23 QUARTERLY REPORT, OCTOBER-DECEMBER 2015 a gender perspective into PROJUST activities. Two training workshops were held in November and December for instructors of judges, prosecutors and PDs to sensitize them to key themes and basic concepts of gender equity and equality and share tools for integrating a gender perspective into training delivery.
Following up on the work started in FY 2015, two working sessions were conducted in Q1 2016 with PROJUST staff for the analysis of materials related to gender equality. Specifically, the first session began with a refresher on q gender norms, stereotypes, types of sexism and feminist theory. Participants discussed the relationship between gender and the law with a particular focus on how a gender perspective can be applied to the CJR as a means of protecting human rights for women. Participants analyzed examples of
criminal cases and various laws for Image 16: Staff and local gender experts analyze gender sensitivity. In the second opportunities for further integrating a gender session staff discussed a documentary perspective in PROJUST activities. on the way media promotes sexism and the objectification of women, and how this influences gender discrimination on a socio-cultural level. These activities aimed to increase awareness and understanding of gender issues among PROJUST staff and consultants so that these concepts may be integrated and reflected throughout project activities.
Monitoring and Evaluation
Desk Review Activity
Assessing the reform through general statistics on key performance indicators is an area that has received greater attention recently. In Q1 FY 2016, PROJUST has contributed to this agenda by carrying out a desk review to compile national-level secondary statistics on key performance indicators of the CJR. Previous programs also funded by USAID have contributed significantly to advancing the reform and while there are efforts taking place to measure implementation progress, in particular those conducted by the SETEC with TA from PROJUST, there is a dearth of easily accessible statistical information on performance. The desk review, carried out between late November 2015 and early 2016, included data from 2010 to 2013 mainly, though in a few cases 2014-2015 data was included as found on the websites of justice sector institutions, in particular State Courts. The INEGI has been the main source of data for this exercise given the availability of information in the public domain. PROJUST’s research also included direct requests for information through the Government of Mexico’s transparency system; State Courts from nine states were contacted through this system, though few replied in time for the data to be included. The team also reviewed reports from recent studies conducted by the Research Center for Development (CIDAC, acronym in Spanish) and relevant information from the Executive Secretariat of the National Public Security System (SESNSP, acronym in Spanish). These additional efforts to obtain data had variable degrees of success.
USAID/MEXICO PROMOTING JUSTICE PROJECT 24 QUARTERLY REPORT, OCTOBER-DECEMBER 2015
PROJUST has prepared a detailed report and summary of findings that will be presented to USAID separately. One of the main findings of the review is that, at this stage in the reform, it is not possible to arrive at conclusions about performance in a system that is in movement and adjustment period; what can be done is to analyze trends and variables of interest in a permanent process of monitoring results. In other words, it is possible to monitor but not evaluate the reform as of yet.
Table 6 below lists the indicators originally considered in the review. Figures corresponding to Chihuahua, the pioneer state in the implementation of the reform (start date of January 2007) are summarized below. Of note is that in some cases the team included proxy indicators that approximate the statistic sought for in the original indicators and additional items were added (i.e. measurement of time to complete processes and sentencing time) as a response to specific requests from USAID as the review progressed.
Table 6: Indicators Originally Contemplated in the Desk Review INDICATOR TENDENCY EXPECTED WITH THE CJR Criminal Case Disposition Rates Increase Prosecution Rates Increase Pre-Trial Detention Rates Decrease Plea Agreement Rates (procedimento abreviado) Increase Case Backlog Decrease Conviction Rates Increase Proportion of cases moving to alternative Increase dispute resolution
In summary, in the period of 2010-2013 in Chihuahua, on average,5 the prosecution rate6 by the AG’s Office stood at 89% and the case disposition rate7 by the State Court reached 63%; concurrently, 64% of trials resulted in a conviction. There is a high rate of case backlog, reaching 158% for this period. In this period, the proportion of cases closed by the AG Office that moved to alternative justice was 17.2%.
Finally, one of the objectives of the CJR is the reduction in times for judicial processes. This objective is based on greater efficiency of hearings and trials under the new system. The importance of this element is highlighted in reports by justice sector institutions and by the media when reporting on cases. In theory, the importance assigned to the duration of the processes and hearings should be accompanied by systematic measurement of this indicator. However, this desk review exercise revealed a general scarcity of information or incomplete data on the dimension of time. Chihuahua is one of the states that makes this information available. The State Court of Chihuahua reports that in 2014 initial hearings took 45 minutes on average and trials 74 minutes.
5 To avoid possible distortions in the data, the average in this reporting is divided by the number of years for which data is reported for a maximum of four years corresponding to the period of 2010-2013. 6 Note that the variables used to calculate this indicator are proxy given the unavailability of data from the INEGI to provide the exact measurement for this indicator. 7 Idem.
USAID/MEXICO PROMOTING JUSTICE PROJECT 25 QUARTERLY REPORT, OCTOBER-DECEMBER 2015 Other M&E Activities in Q1
As part of a continued effort to ensure quality reporting of program activities, PROJUST carried out two induction sessions in November and December on monitoring and evaluation (M&E) procedures and protocols for PROJUST instructors involved in capacity building of project beneficiaries. Specific topics included the responsibilities of instructors in reporting, such as the various types of deliverables required for a given activity; the formats that need to be used for reporting each type of activity; and the process and timelines for completing and submitting reports. The sessions also served to clarify questions and offered a platform for participants to share experiences and best practices with colleagues playing similar roles or facing related challenges. Feedback received from participants have shown enthusiasm for the opportunity, as well as acknowledgement of the usefulness of both the guidance received and greater clarity gained about how their roles fit within the larger objectives of PROJUST. Table 7: State Briefings Finally, much effort was put in Q1 into preparing a number of State Completed in Q1 Briefings for submission to USAID to form part of Mission travel 1. Campeche packs and serve other information needs. As shown in Table 7, in 2. Federal District all PROJUST prepared 10 new State Briefings and an 3. Quintana Roo additional briefing for the State of Queretaro was updated to reflect 4. Hidalgo recent activities carried out in the state. The remaining briefings will 5. Morelos be completed in the coming month and submitted, which will close 6. Sonora the pack of briefings for all 31 states and the Federal District. Next, 7. Oaxaca the team will focus on gradually updating the briefings prepared in 8. Sinaloa FY 2015. These documents provide an overview of USAID-funded 9. Chiapas support under PROJUST and its predecessor Justice and Security 10. Tabasco Program. See Annex VI for a copy of the briefings. 11. Queretaro (updated) SUMMARY ANALYSIS OF TRAINING DATA
In Q1 2016, PROJUST’s training activities “It is essential that this type of training continues to benefited a total of 127 justice sector be offered given that it allows operators to gain operators. In the reporting period, PROJUST greater experience and knowledge of the New focused its 10 training activities8 mainly on Criminal Justice System.” judges, prosecutors, public defenders and police investigators. See Annex II for a list of the –Judge from Sonora, offerings. Training aimed to increase capacity in a PROJUST training beneficiary oral litigation and improve coordination between police and prosecutors in criminal investigations. Participation by women was low (23.6). In addition, PROJUST delivered a ToT session to 35 consultants to further build their capacity to deliver quality training courses to project beneficiaries.
8 This includes the study tour to Chile.
USAID/MEXICO PROMOTING JUSTICE PROJECT 26 QUARTERLY REPORT, OCTOBER-DECEMBER 2015 PROJUST conducts a pre- and post-evaluation “I really liked the course. The topic was delivered in or test of beneficiaries to assess the a clear manner, and the instructor had a strong effectiveness of the training courses through understanding of the subject. The course gave me a measurement of gains in skills and knowledge. broader perspective on the New Criminal Justice A total of 114 of the 127 trainees were System.” evaluated or tested in Q1 2016. Nearly all –Public Defender from Sonora, participants (95.6% or 109) increased their a PROJUST training beneficiary scores from pre- to post-evaluation/test. The average grade on a scale of 1 to 10 was 5.2 for the pre- and 8.4 for the post-training evaluation/test. A score of 6 or less means failing; 61.4% (70) of trainees failed the pre-training evaluation/test while 38.6% (44) passed. However, on the post- training evaluation/test an impressive 93% (106) of trainees obtained a passing score, so there was a 140.9% increase after undergoing the training. Trainees fill out a satisfaction survey at course completion and results in Q1 were highly positive. The average satisfaction rating for PROJUST’s courses on a scale of 1 to 4 (1=poor, 2=fair, 3=good and 4=excellent) was outstanding: 3.9 for course content, instructor knowledge and event organization. Annex II presents detailed analysis and data disaggregation.
SUMMARY OF QUARTERLY ACTIVITIES
In all, in Q1 2016 PROJUST carried out 86 activities to achieve the results foreseen in the work plan. Over half (58%) of the activities focused on capacity building of justice sector institutions and operators, while the remaining activities were nearly equally split between legislative TA and activities with civil society that encompassed awareness raising to generate support for the reform. For greater detail, see Annex III. Annex IV provides a summarized version of PROJUST’s main achievements in this quarter for easy reference. CHALLENGES AND OPPORTUNITIES
Task 1
Managing input from diverse stakeholders in legislative reform
The facilitation of the NCPC reform process has proved challenging given that many of the proposals from stakeholders, including state representatives, would represent a substantial change to the current legislation. These changes, if put forward to Congress, would require major adjustments to the roles and responsibilities of justice operators, raising questions about the feasibility of approving a reform proposal with these characteristics, particularly given the looming deadline to transition to the new system nationwide. Further doubts arose about the practical application of such changes at the operational level, thus impeding consensus and delaying the finalization of a unified proposal. PROJUST continues to drive discussion toward arriving at a consensus in this case.
A similar legislative challenge this quarter has been the delay in passage of the new National Execution of Sanctions Law, an initiative that was submitted to Congress for approval in FY 2015. Given that the new law will affect both the administration of prisons and new authority for the
USAID/MEXICO PROMOTING JUSTICE PROJECT 27 QUARTERLY REPORT, OCTOBER-DECEMBER 2015 sentence enforcement judges at a national level, the urgency of its implementation prior to the June deadline has made the delay in publication a major frustration by stalling PROJUST’s efforts at dissemination and awareness raising of the new legislation. PROJUST continues to monitor the initiative alongside other key stakeholders.
At the same time, efforts to reform and pass legislation at the state level have picked up momentum this quarter. A significant area of opportunity presented itself in that both the SETEC and state institutions demonstrated commitment to meet the June deadline for secondary law harmonization and have actively sought out and collaborated with PROJUST for support in this area.
Task 2
A primary challenge in the area of institutional strengthening this quarter was the impending deadline by which all states must transition to the NCJS. The short amount of remaining time has placed a strain on PROJUST’s ability to respond effectively to the many requests by the states for TA and training.
PROJUST has also observed a lack of understanding across state justice institutions of the importance of not only complying with numerical goals for training or models implemented, but also taking into account the quality of implementation necessary to ensure successful reform. Similarly, there are challenges related to the multitude of training providers currently offering support to state institutions, as providers at times hold different visions of how the accusatory system should be understood, learned and operated, which creates confusion for justice operators new to the NCJS.
Given these challenges, there is an important area of opportunity to change the misconception that reform implementation is a matter of compliance with numbers. PROJUST has stressed, as part of its support, the significance of quality in operations and services through tools, such as protocols and performance standards. The current lack of national training standards was another area of opportunity, as the utility of such standards implemented nationwide was made apparent. Once the standards are finalized, a process involving the SETEC, PROJUST will put them forward for consideration for roll out nationally.
With regard to PTS implementation, the change of government in late 2015 in several states caused disruption and lack of continuity in PROJUST’s work to establish or strengthen PTS Units. These changes many times resulted in new leadership within PTS Units or the institutions they respond to within the system, with ramifications for staff composition, operation and management. This new landscape has meant additional efforts by PROJUST to regain institutional buy-in and secure support for continuing efforts so as not to lose momentum and progress. On a brighter note, change at times comes for the best and PROJUST is working with the new leadership in benefiting states to identify common ground and gain their support.
Task 4
PROJUST identified the root cause of challenges in obtaining data from justice institutions as being an inability of the institutions’ current information systems to adapt to the new internal data needs (e.g. data to respond to performance indicators of the NCJS or to inform decision making on its
USAID/MEXICO PROMOTING JUSTICE PROJECT 28 QUARTERLY REPORT, OCTOBER-DECEMBER 2015 operation) and to external requests by national institutions such as the INEGI, the SETEC or academia. This creates a lot of pressure on the state institutions to provide data they do not currently monitor, resulting in the creation of temporary statistical databases that run parallel to their information management systems and only respond to short-term demands for information without serving as a useful resource for the institution itself.
This context in turn presents an area of opportunity for work under Task 4 to assist in addressing the glaring need for improved information management, cohesive monitoring of operations and performance with the models and tools that PROJUST has begun implementing. LESSONS LEARNED
Task 1
Inconsistencies in information provided by the states regarding harmonization of secondary laws is detrimental to the efficiency of planned TA. During this quarter, PROJUST identified situations in which legislation that had reportedly undergone reform and harmonization was in fact far from aligned to national frameworks. In other cases, information provided to PROJUST by state entities differed from what was provided to the SETEC by the same states, highlighting the need for close collaboration and triangulation to corroborate data provided in this matter. Thus, continued monitoring of state-level reform progress in collaboration with the SETEC is fundamental to ensuring compliance with national legislative frameworks.
Task 2
The change in leadership in state administration due to elections generates the loss of institutional memory in some established PTS Units. The change in leadership in PTS Units and shifts in state administration endanger progress in PTS implementation. This experience has highlighted the importance of putting in place basic guides that can be easily transferred from manager to manager to improve the chances of maintaining a level of continuity and consistency that transcends such shifts. Therefore, the development of operational guides directed at managers and decision makers is essential for maintaining consistency in the provision of support to PTS.
Task 4
The scarcity of dependable data on operational and performance indicators inhibits PROJUST’s ability to identify priority areas for institutional strengthening. Only when justice institutions have reliable information systems in place can PROJUST accurately measure the impact of reorganization efforts under Task 2, thus the greater need for closer coordination with Task 4’s efforts to improve justice institutions’ M&E capacity. Intensified coordination between Tasks 4 and 2 will contribute to the availability and reliability of data to inform efforts to address performance gaps or guide institutional reorganization.
USAID/MEXICO PROMOTING JUSTICE PROJECT 29 QUARTERLY REPORT, OCTOBER-DECEMBER 2015 ANNEX I: SUCCESS STORY
USAID/MEXICO PROMOTING JUSTICE PROJECT 31 QUARTERLY REPORT, OCTOBER-DECEMBER 2015 ANNEX II: ANALYSIS OF TRAINING DATA
During the first quarter (Q1) of Fiscal Year (FY) 2016, which covers the period from October 1 to December 31 2015, PROJUST delivered 10 training courses (total of 1,080 hours) that benefited a total of 127 justice sector operators. All individuals participated in one course only.
For each training course, PROJUST reports the number of people that meet course attendance requirements. In the reporting period, a total of 175 justice operators participated in training courses delivered by the project, but only 127 (72.6%) of these satisfied the requirement of at least 80% attendance.
In Q1 2016, training benefited justices, judges, prosecutors, public defenders, police investigators, forensic experts and court clerks from 11 states (Baja California, Coahuila, Chihuahua, Durango, Morelos, Nayarit, Nuevo Leon, Quintana Roo, Sonora, Tabasco and Veracruz). Courses covered a varied of topics, including Best Practices from the Justice Sector Institutions for Statistical Analysis Information and Decision-Making Systems; Directing and Issuing Rulings in Initial Hearings and Oral Trials Based on Operational Protocols; Litigation in Initial Hearings, Intermediate Hearings and Oral Trials Based on Operational Protocols; and Protocols for Improved Coordination of Homicide Investigation Between Prosecutors and Police Investigators. Participation by women was low (23.6%).
PROJUST conducts pre- and post-evaluation9 or tests10 of all beneficiaries to assess the effectiveness of the training courses through measurement of gains in skills and knowledge. A total of 114 of the 127 trainees were evaluated or tested in Q1 2016. Nearly all participants (95.6% or 109) increased their scores from pre- to post-evaluation/test, with 96.6% (28) for women and 95.3% (81) for men. The average grade on a scale of 1 to 10 was 5.2 for the pre- and 8.4 for the post-training evaluation/test. A score of 6 or less means failing; 61.4% (70) of trainees failed the pre-training evaluation/test while 38.6% (44) passed. However, on the post-training evaluation/test an impressive 93% (106) of trainees obtained a passing score, so there was a 140.9% increase after undergoing the training.
PROJUST also administered 274 course satisfaction surveys.11 The average satisfaction rating for PROJUST’s courses on a scale of 1 to 4 (1=poor, 2=fair, 3=good and 4=excellent) was outstanding: 3.9 for course content, instructor knowledge and event organization.
9 An evaluation is when an instructor observes and evaluates a trainee by using an evaluation format that uses a 1-10 grading scale. 10 A test is an exam-type tool administered to training participants; it also uses a 1-10 grading scale. 11 This number corresponds to satisfaction surveys completed per instructor. For example, in a course with three instructors, three surveys would be generated.
USAID/MEXICO PROMOTING JUSTICE PROJECT 34 QUARTERLY REPORT, OCTOBER-DECEMBER 2015 The next sections of this Annex present detailed disaggregated data on:
1. Training Numbers: a) Trainees by State; b) Courses by State Benefited; c) Gender Disaggregation by Justice Sector Operator; d) Gender Disaggregation by State; and e) Courses Taught per State and Justice Sector Operator.
2. Pre- and Post-Evaluation/Tests: a) Average Pre- and Post-Evaluation/Test Scores by Justice Sector Operator; b) Average Changes in Scores; c) Average Scores and Percentage Change; d) Frequency of Scores and Percentage of Passed and Failed Evaluation/Tests; and e) Average Scores by State.
3. Other Justice Officials Trained: An analysis of data for trainees that work within the justice system, but do not participate in the judicial process, such staff from State Implementing Commissions. The analysis includes the states benefited, the institutions these trainees work for and gender disaggregation.
4. Analysis of Trainee Satisfaction: A measure of training participant satisfaction with course content, instructor quality and training organization on a scale of 1 to 4 (1=poor, 2=fair, 3=good and 4=excellent).
1.a. Trainees by State
Table 1 details the number and percentage of justice sector operators trained in each of the 11 beneficiary states. In Q1 2016, the greatest number of the trainees were prosecutors (40.9%), followed by police investigators (30.7%) and public defenders (13.4%).
Table 1: Justice Sector Operators - Number of Trainees by State
State
Title
Justices % Judges % Prosecutors % defenders Public % investigators Police % experts Forensic % clerks Court % Total % Baja California 6 11.5 1 5.9 15 38.5 22 17.3 Coahuila 1 33.3 1 0.8 Chihuahua 1 33.3 1 0.8 Durango 1 20 1 0.8 Morelos 1 20 1 5.9 2 1.6 Nayarit 1 20 26 50 1 2.6 28 22 Nuevo Leon 1 20 1 5.9 1 33.3 3 2.4 Quintana Roo 1 20 1 0.8 Sonora 4 40 4 7.7 5 29.4 13 10.2 Tabasco 6 11.5 23 59 1 100 30 23.6 Veracruz 6 60 10 19.2 9 52.9 25 19.7 Total 5 3.9 10 7.9 52 40.9 17 13.4 39 30.7 1 0.8 3 2.4 127 100%
USAID/MEXICO PROMOTING JUSTICE PROJECT 35 QUARTERLY REPORT, OCTOBER-DECEMBER 2015 1.b. Courses by State Benefited
Table 2 shows the number of training courses carried out by state benefited and justice sector trainee. Most courses were conducted for prosecutors, public defenders and police investigators (six, three and three, respectively), followed by judges (two courses), justices, court clerks and forensic experts (one course).
In Q1 2016, the training courses conducted by PROJUST for justice sector operators equaled a total of 1,080 training hours.
Table 2: Justice Sector Operators - Number of Training Courses by State Benefited
Target states Justice
Sector 12
Trainee
State
BajaCalifornia Coahuila Chihuahua Durango Morelos Nayarit Leon Nuevo QuintanaRoo Sonora Tabasco Veracruz TotalNumber of Courses Unique
Justices 1 1 1 1 1 1 Judges 1 1 2 Prosecutors 1 1 1 2 1 6 Public defenders 1 1 1 1 1 3 Police investigators 1 1 1 3 Court clerks 1 1 1 1 Forensic experts 1 1 All target population13 2 1 1 1 1 2 1 1 3 2 3
1.c. Gender Disaggregation by Justice Sector Operator
Overall, participation by women in PROJUST’s training courses in Q1 2016 was low (23.6%). Graph 1 below shows gender disaggregation by type of justice operator. Proportionally, men had a greater participation in the training courses as justices, forensic experts and court clerks, followed by police investigators, prosecutors and judges; however, there were slightly more female public defenders trained than male.
12 This column does not add up the figures of the corresponding rows; it instead provides the total of unique courses per type of operator. 13 One training course could include several types of justice sector trainees and be conducted in several states.
USAID/MEXICO PROMOTING JUSTICE PROJECT 36 QUARTERLY REPORT, OCTOBER-DECEMBER 2015
Graph 1: Justice Sector Operators - Gender Disaggregation
1.d. Gender Disaggregation by State
Table 3 illustrates the absolute numbers and percentages of women and men trained in each state. The highest proportion of women trained in Q1 2016 was in Sonora at 61.5%. Further, female representation was equal or greater than 50% in two other states, namely Morelos and Veracruz.
Table 3: Justice Sector Operators - Gender Disaggregation by State State Women Men Total Gender # % # % trainees Baja California 4 18.2 18 81.8 22 Coahuila 0 0.0 1 100.0 1 Chihuahua 0 0.0 1 100.0 1 Durango 0 0.0 1 100.0 1 Morelos 1 50.0 1 50.0 2 Nayarit 1 3.6 27 96.4 28 Nuevo Leon 0 0.0 3 100.0 3 Quintana Roo 0 0.0 1 100.0 1 Sonora 8 61.5 5 38.5 13 Tabasco 3 10.0 27 90.0 30 Veracruz 13 52.0 12 48.0 25 Total 30 23.6 97 76.4 127
USAID/MEXICO PROMOTING JUSTICE PROJECT 37 QUARTERLY REPORT, OCTOBER-DECEMBER 2015
1.e. Courses Taught per State and Type of Justice Sector Operator12
Table 4 below lists all training courses provided to the 11 states. The hours shown in each entry are the number of training hours originally planned per activity.
Table 4: Justice Sector – Courses by State, Type of Justice Sector Operator and Length Baja California 2 courses Prosecutors
Provide Training for the Implementation of the Performance Improvement 40 hours Methodology (PIM-HICD) for Specialized Investigation and Prosecution Units Public defenders Conduct a Study Tour to Chile to Learn Best Practices from their Justice Sector 40 hours Institutions Statistical Analysis Information and Decision-Making Systems Police investigators
Provide Training for the Implementation of the Performance Improvement 40 hours Methodology (PIM-HICD) for Specialized Investigation and Prosecution Units
Coahuila 1 course Court clerks Conduct a Study Tour to Chile to Learn Best Practices from their Justice Sector 40 hours Institutions Statistical Analysis Information and Decision-Making Systems
Chihuahua 1 course Court clerks
Conduct a Study Tour to Chile to Learn Best Practices from their Justice Sector 40 hours Institutions Statistical Analysis Information and Decision-Making Systems
Durango 1 course Justices Conduct a Study Tour to Chile to Learn Best Practices from their Justice Sector 4 Institutions Statistical Analysis Information and Decision-Making Systems 40 hours
12 This refers to the actual training hours per course as originally defined in the activity design.
USAID/MEXICO PROMOTING JUSTICE PROJECT 38 QUARTERLY REPORT, OCTOBER-DECEMBER 2015 Morelos 1 course Justices Conduct a Study Tour to Chile to Learn Best Practices from their Justice Sector 40 hours Institutions Statistical Analysis Information and Decision-Making Systems Public defenders Conduct a Study Tour to Chile to Learn Best Practices from their Justice Sector 40 hours Institutions Statistical Analysis Information and Decision-Making Systems
Nayarit 2 courses Justices
Conduct a Study Tour to Chile to Learn Best Practices from their Justice Sector 40 hours Institutions Statistical Analysis Information and Decision-Making Systems Prosecutors
Provide Training for the Implementation of the Performance Improvement 40 hours Methodology (PIM-HICD) for Specialized Investigation and Prosecution Units Police investigators
Provide Training for the Implementation of the Performance Improvement 40 hours Methodology (PIM-HICD) for Specialized Investigation and Prosecution Units
Nuevo Leon 1 course Justices Conduct a Study Tour to Chile to Learn Best Practices from their Justice Sector 40 hours Institutions Statistical Analysis Information and Decision-Making Systems Public defenders Conduct a Study Tour to Chile to Learn Best Practices from their Justice Sector 40 hours Institutions Statistical Analysis Information and Decision-Making Systems Court clerks Conduct a Study Tour to Chile to Learn Best Practices from their Justice Sector 40 hours Institutions Statistical Analysis Information and Decision-Making Systems
Quintana Roo 3 courses Justices Conduct a Study Tour to Chile to Learn Best Practices from their Justice Sector 40 hours Institutions Statistical Analysis Information and Decision-Making Systems
Sonora 3 courses Judges Conduct a Training Program for Judges Based on Operational Protocols in 250 hours Sonora
USAID/MEXICO PROMOTING JUSTICE PROJECT 39 QUARTERLY REPORT, OCTOBER-DECEMBER 2015 Sonora 3 courses Prosecutors Conduct a Training Program for Prosecutors Based on Operational Protocols in 190 hours Sonora Public defenders Conduct a Training Program for Public Defenders Based on Operational 210 hours Protocols in Sonora
Tabasco 2 courses Prosecutors Conduct a Study Tour to Chile to Learn Best Practices from their Justice Sector 40 hours Institutions Statistical Analysis Information and Decision-Making Systems Provide Training for the Implementation of the Performance Improvement 40 hours Methodology (PIM-HICD) for Specialized Investigation and Prosecution Units Police investigators Provide Training for the Implementation of the Performance Improvement 40 hours Methodology (PIM-HICD) for Specialized Investigation and Prosecution Units Forensic experts Provide Training for the Implementation of the Performance Improvement 40 hours Methodology (PIM-HICD) for Specialized Investigation and Prosecution Units
Veracruz 3 courses Judges Conduct a Training Program for Judges Based on Operational Protocols in 120 hours Veracruz Prosecutors Conduct a Training Program for Prosecutors Based on Operational Protocols in 75 hours Veracruz Public defenders Conduct a Training Program for Public Defenders Based on Operational 75 hours Protocols in Veracruz
USAID/MEXICO PROMOTING JUSTICE PROJECT 40 QUARTERLY REPORT, OCTOBER-DECEMBER 2015 2. Pre- and Post-Training Evaluation or Test
As noted above, in Q1 2016, of the 127 justice sector operators trained, 114 (29 women, 85 men) were evaluated or tested pre- and post-training.13 Of these 114, 95.6% (109 trainees) obtained a higher score on the post-training test or evaluations. These operators came from five states. To measure skills and knowledge acquisition and application, PROJUST designed standardized (per training type) pre- and post-training evaluations that are conducted by respective instructors and tests that are administered to trainees. These evaluation tools measure acquisition of skills and knowledge in the respective training areas (see section five below for a list of the training courses). This assessment is done twice: before the start of the course (pre-test/evaluation) and upon its conclusion (post-test/evaluation). As mentioned above, from October to December 2015, 114 justice sector operators were trained and took pre- and post-tests or evaluations. Whether by sector, gender or state, there is a clear and consistent increase across the board between average pre- and post-training evaluation/test scores. The average score on a scale of 1 to 10 was 5.2 for the pre- and 8.4 for the post-training evaluation/test.
This section of the annex contains detailed information on: a) Average Pre- and Post-Evaluation/Test Scores by Justice Sector Operator b) Average Changes in Scores c) Average Scores and Percentage Change d) Frequency of Scores and Percentage of Passed and Failed Evaluation/Tests e) Average Scores by State
2.a. Average Pre- and Post-Evaluation/Test Scores by Justice Sector Operator14
Graph 2 below shows the average scores disaggregated by justice sector operator and gender for the pre- and the post-training evaluation/tests. Results were positive overall for all trainees in that there was an increase in scores from pre- to post- evaluation/test. The greatest score increases were recorded for female police investigators and male forensic experts. The former had an average of 4.2 on the pre-training evaluation/test, which jumped to an impressive average of 9.8 after the training, representing an increase of 133.3%. The latter obtained an average of 4.5 points on the pre- training evaluation/test and an average of 10 post training, representing an increase of 122.2%.
Graph 2: Average Pre- and Post-Evaluation Scores by Justice Sector Operator
13 The remaining 13 participants missed either the pre- or the post-evaluation or test. 14 Note that in this section, table and graphs will show minor differences in totals and per item due to each calculation taking into account decimals.
USAID/MEXICO PROMOTING JUSTICE PROJECT 41 QUARTERLY REPORT, OCTOBER-DECEMBER 2015
2.b. Average Changes in Scores
Table 5 shows the average pre- and post-training evaluation/test scores, and their respective average change in points and percentage disaggregated by justice sector operator. The highest average score percentage change was recorded for female police investigators at 133.3%; followed by male forensic experts (122.2%), and male police investigators (117.4%).
Table 5: Justice Sector Operators - Average Changes in Scores Average Justice Sector Average Average Average post- Operator Gender pre-training change in percentage training Score score points change score Judges Men 6.9 8.5 1.6 23.0 Women 7.2 8.9 1.7 23.9 Prosecutors Men 4.7 7.1 2.4 50.0 Women 5.8 8.2 2.3 39.5 Public defenders Men 6.8 8.4 1.5 22.4 Women 7.1 8.6 1.5 21.6 Police investigators Men 4.4 9.7 5.2 117.4 Women 4.2 9.8 5.6 133.3 Forensic experts Men 4.5 10.0 5.5 122.2 Women 5.2 8.4 3.2 61.5 Average
2.c. Average Scores and Percentage Change
Table 6 illustrates the number of trainees by score ranges and the percentage increase on pre- and post-training evaluations/tests for each score range. There was a significant improvement on the scores obtained post-training. For instance, 70 trainees obtained a grade of less than 6 on the pre-
USAID/MEXICO PROMOTING JUSTICE PROJECT 42 QUARTERLY REPORT, OCTOBER-DECEMBER 2015 training test/evaluation (a score of less than 6 means failing the test/evaluation), while only 8 trainees obtained an average score lower than 6 post training. A total of 37 trainees obtained a perfect 10 on the post-training evaluation/test. Notably, post training 45 trainees (39.5%) achieved a score between 8 and 9.9. The scores for the pre- and post-training evaluation/test show that in general trainees with less command of the target knowledge and skills prior to the training course are the ones that improved their grade most after the course. On the post-training evaluation/test, there was a 140.9% increase in the number of passing scores, rising from 44 to 106 tests/evaluations.
In summary in Q1 2016, 61.4% of the trainees failed the pre- evaluation/test, and only 38.6% passed. Meanwhile, on the post- training test, 93% of the trainees obtained a passing score.
Table 6: Justice Sector Operators – Scores and Percentage Change
Absolute number of trainees Percentage of trainees Percentage Grade Pre Post Pre (%) Post (%) Change 0 - 0.9 0 0 0.0 0.0 0.0 1 - 1.9 2 0 1.8 0.0 -1.8 2 - 2.9 5 0 4.4 0.0 -4.4 3 - 3.9 11 1 9.7 0.9 -8.8 4 - 4.9 30 3 26.3 2.6 -23.7 5 - 5.9 22 4 19.3 3.5 -15.8 6 - 6.9 25 18 21.9 15.8 -6.1 7 - 7.9 19 6 16.7 5.3 -11.4 8 - 8.9 0 30 0.0 26.3 26.3 9 - 9.9 0 15 0.0 13.2 13.2 10 0 37 0.0 32.5 32.5 Total 114 114 100.0 100.0
2.d. Frequency of Scores and Percentage of Passed and Failed Evaluations/Tests
Graph 3 below shows the frequency of scores and percentages of tests/evaluations passed and failed. In summary, 61.4% of trainees failed the pre-training test/evaluation while 38.6% passed. Meanwhile, on the post-training test/evaluation an impressive 93% of trainees obtained a passing score, illustrating a 140.9% increase of passing evaluations/tests after the training courses.
USAID/MEXICO PROMOTING JUSTICE PROJECT 43 QUARTERLY REPORT, OCTOBER-DECEMBER 2015 Graph 3: Justice Sector Operators - Score Frequency and Percentage of Failed and Passed Evaluations or Tests
2.e. Average Scores by State
Graph 4 below shows justice sector operators’ average increase in grades by state. The state of Tabasco had the highest increase (127.7%), going from 4.4 to 9.9 points after the trainings received. The state with the lowest increase (20.2%) is Veracruz, with pre and post scores going from 6.7 to 8.1 points.
Graph 4: Justice Sector Operators - Average Scores by State
USAID/MEXICO PROMOTING JUSTICE PROJECT 44 QUARTERLY REPORT, OCTOBER-DECEMBER 2015
3. Other Justice Officials Trained
PROJUST benefited four trainees (males) that work within the justice system, but do not participate in the judicial process. Table 7 shows that two of the four were staff from State Implementing Commissions. The others were administrative staff.
Table 7: Other Trainees - Number of Trainees by State, Institution and Gender
Title Institution # Women # Men Total State
Zacatecas State Government - 1 1 Tabasco and Veracruz State Implemeting Commission - 2 2
Federal District Interior Ministry 1 1 - 4 4 Total
USAID/MEXICO PROMOTING JUSTICE PROJECT 45 QUARTERLY REPORT, OCTOBER-DECEMBER 2015 4. Analysis of Trainee Satisfaction
During Q1 2016 PROJUST administered 274 course participant satisfaction surveys.15 This is a standardized survey instrument designed by PROJUST and administered by course instructors. The average rating on a scale of 1 to 4 (1=poor, 2=fair, 3=good and 4=excellent) was high: 3.9 for course content, instructor knowledge and event organization. The survey is anonymous, which gives respondents the confidence to provide candid answers knowing that their comments will not be connected to their name.
Table 8 shows that the six variables that measure course content obtained the same high average rating of 3.9 on a 1-4 point scale.
Table 8: Course Content (1-4 scale with 1=poor and 4=excellent)
Course Content Average Rating: 3.9 Structure and clarity of course content and materials 3.9 Relevance 3.9 Review of topics 3.9 Usefulness and applicability in professional and or/local setting 3.9 Application of an appropriate methodology 3.9 Response to participant questions 3.9
Table 9 shows trainee perception of PROJUST’s instructors. Results show that instructors have high command of the subject and specific skills to transmit knowledge, demonstrated good use of teaching aids and willingness to answer trainee questions. The average rating was high, 3.9 on a 1-4 point scale.
Table 9: Instructor (1-4 scale with 1=poor and 4=excellent) Instructor Average Rating: 3.9 Knowledge of the subject 3.9 Ability to teach and transmit knowledge 3.9 Use of teaching aids, materials, examples, exercises, etc. 3.9 Openness and clarity when responding to participant questions 4.0
Table 10 shows the average rating given by trainees regarding the organization of the event, which was also high.
Table 10: Event Organization (1-4 scale with 1=poor and 4=excellent) Organization of the Training Average Rating: 3.9 Schedule compliance 3.9 Length of the course 3.9
15 This number corresponds to the number of survyes completed per instructor. In a course with three instructors, three surveys would be generated and this is the reason there are significantly more course surveys than the total number of justice sector operators trained during the period.
USAID/MEXICO PROMOTING JUSTICE PROJECT 46 QUARTERLY REPORT, OCTOBER-DECEMBER 2015 Graph 5 shows that 97.8% (268) of trainees would recommend their instructors, as they met their learning needs, provided new knowledge and answered questions or concerns along the way.
Graph 5: Proportion of Trainees Who Recommend the Instructor Did not No (0) respond (6) 0% 2.2%
Yes (268) 97.8%
Graph 6 illustrates that 95.6% (262) of trainees would recommend the course/training program to colleagues in their institution to improve professional skills. This represents a high level of satisfaction with the courses.
Graph 6: Proportion of Trainees Who Recommend the Course
Graph 7 shows that 50.4% of trainees considered that the course had the correct duration and 46.7% considered it too short. An interpretation for these proportions could be that some trainees could have had prior knowledge of the subject and thus felt the length of the training was too long. On the contrary, other trainees with less exposure to the topic could have preferred more time to grasp and practice the new concepts and skills covered in the training.
USAID/MEXICO PROMOTING JUSTICE PROJECT 47 QUARTERLY REPORT, OCTOBER-DECEMBER 2015 Graph 7: Length of the Course
The overall high average satisfaction rating was also demonstrated through positive comments from trainees about their experience in the training and its usefulness. This is illustrated in the quotes below.
“This type of training in the New Criminal Justice System is needed, given it strengthens and improves the work teams in the process of criminal case investigations.” –Prosecutor from Tabasco, a PROJUST training beneficiary
“It is essential that this type of training continues to be offered given that it allows operators to gain greater experience and knowledge of the New Criminal Justice System.” –Judge from Sonora, a PROJUST training beneficiary
“The training was excellent; it conveyed knowledge through both theory and practice, which facilitates learning.” –Prosecutor from Sonora, a PROJUST training beneficiary
“I really liked the course. The topic was delivered in a clear manner, and the instructor had a strong understanding of the subject. The course gave me a broader perspective on the New Criminal Justice System” –Public Defender from Sonora, a PROJUST training beneficiary
USAID/MEXICO PROMOTING JUSTICE PROJECT 48 QUARTERLY REPORT, OCTOBER-DECEMBER 2015 5. List of Training Courses
ID Name Start Date End Date Hours Conduct a Study Tour to Chile to Learn Best Practices from their Justice Sector Institutions 118 Oct 19, 2015 Oct 23, 2015 40 Statistical Analysis Information and Decision-Making Systems (Santiago de Chile)
Conduct a Training Program for Judges Based on 415 Operational Protocols in Sonora (Hermosillo, Oct 19, 2015 Dec 4, 2015 250 Sonora)
Conduct a Training Program for Prosecutors Based 416 on Operational Protocols in Sonora (Hermosillo, Oct 27, 2015 Dec 4, 2015 190 Sonora)
Conduct a Training Program for Public Defenders 417 Based on Operational Protocols in Sonora Oct 26, 2015 Dec 4, 2015 210 (Hermosillo, Sonora)
Conduct a Training Program for Judges Based on 418 Operational Protocols in Veracruz (Xalapa, Oct 26, 2015 Nov 27, 2015 120 Veracruz)
Conduct a Training Program for Prosecutors Based 419 on Operational Protocols in Veracruz (Xalapa, Oct 26, 2015 Nov 26, 2015 75 Veracruz)
Conduct a Training Program for Public Defenders 420 Based on Operational Protocols in Veracruz Oct 26, 2015 Nov 27, 2015 75 (Xalapa, Veracruz)
Provide Training for the Implementation of the Performance Improvement Methodology (PIM- 450 Dec 7, 2015 Dec 11, 2015 40 HICD) for Specialized Investigation and Prosecution Units (Tepic, Nayarit)
Provide Training for the Implementation of the Performance Improvement Methodology (PIM- 468 Dec 14, 2015 Dec 18, 2015 40 HICD) for Specialized Investigation and Prosecution Units (Mexicali, Baja California)
Provide Training for the Implementation of the Performance Improvement Methodology (PIM- 476 Dec 7, 2015 Dec 11, 2015 40 HICD) for Specialized Investigation and Prosecution Units (Villahermosa, Tabasco)
10 training courses 1,08016
16 The total training hours completed during Q1 2016 (adding all hours from all courses) is 1,080 hours.
USAID/MEXICO PROMOTING JUSTICE PROJECT 49 QUARTERLY REPORT, OCTOBER-DECEMBER 2015 ANNEX III: ACTIVITIES SEGREGATED BY TYPE AND TASK
Cross- General Type of activity Task 1 Task 2 Task 4 Cutting Total Activities Activities
Technical assistance (TA) in legislative 17 17 matters Institution building for justice sector 3 43 4 50 institutions Technical assistance 33 3 36 Development of training material and 4 4 curricula TA for institutional strengthening 26 3 29 TA for standard operating procedure 3 3 development Trainings 10 1 3 14 Training through study tour 1 1 Train-the-Trainer 117 1 Training course 9 9 18 Training workshop 3 3 Activities with civil society and support for 1 4 14 19 the Reform Awareness raising activities for civil 1 4 14 19 society TA for civil society organizations 1 1 Development of awareness raising materials 2 2 Awareness raising activities 10 10 Monitoring & Evaluation 2 4 6 Total 21 43 4 4 14 86
17 This activity is not included in the Annex of Analysis of Training Data because the participants are part of the staff of PROJUST. 18 Idem.
USAID/MEXICO PROMOTING JUSTICE PROJECT 50 QUARTERLY REPORT, OCTOBER-DECEMBER 2015 ANNEX IV: SUMMARY OF ACHIEVEMENTS IN Q1 FY 2016
The Promoting Justice Project (PROJUST) started activity implementation in January 2015. The overall objective of the project “is to provide customized direct or indirect support at the state and federal level for the final push towards the 2016 Constitutional reform deadlines, assisting selected Mexican states to pass the ‘point of no return’ on their justice system reforms, and therefore contribute to broader United States Government and Government of Mexico efforts to mitigate conflict, reduce impunity, and promote a more transparent and efficient justice system.”19
PROJUST is organized into five tasks20 as follows:
Task 1: Advance Legislative Reform Task 2: Increase Prosecutorial and Judicial Effectiveness Task 3: Increase Public Support for the New Criminal Justice System (NCJS) Task 4: Strengthen Analytical and Quality Control Capabilities of Targeted Justice Institutions Task 5: Increase Access to Justice and Improved Victims’ Assistance
Over the course of implementation, PROJUST will provide technical assistance (TA) and carry out a number of activities aimed at supporting the Government of Mexico’s efforts to fully implement the constitutional criminal justice reform of 2008 across the country. In Fiscal Year (FY) 2016, it is expected that all states and the Federal District will receive at least a minimal amount of support from PROJUST and a smaller group of selected states will benefit from more comprehensive assistance for greater impact.
In the first quarter (Q1) of FY 2016, PROJUST carried out 86 activities to achieve the results foreseen in the work plan. This included the delivery of 10 training courses (total of 1,080 hours) benefiting a total of 127 justice sector operators across 11 states, building crucial skills to move forward the Criminal Justice Reform (CJR) in Mexico.
CONDENSED LIST OF ACHIEVEMENT HIGHLIGHTS
The following provides a condensed list of achievement highlights in Q1.
Strengthened the legislative framework to implement the reform
• Collaborated with the Technical Secretariat of the Criminal Justice Implementation Commission (SETEC, acronym in Spanish) on the development of a reform initiative to the National Criminal Procedure Code (NCPC) to improve its functionality in accordance with the New Criminal Justice System (NCJS), incorporating proposals and feedback received from the states; • Continued the development of a conceptual summary of the NCPC that includes a legislative
19 Section C – Description/Specification/Statement of Work, pg. 9, Contract AID-523-C-14-00003. 20 Tasks 3 and 5 are implemented by a separate USAID contractor and achievements in those areas are not reflected in this document.
USAID/MEXICO PROMOTING JUSTICE PROJECT 51 QUARTERLY REPORT, OCTOBER-DECEMBER 2015 guide on its application at the state level; • Supported justice sector institutions in the process of harmonizing organic laws and regulations to the NCPC and principles of the NCJS by rolling out models developed by the project and approved by the SETEC. Eight states received support in Q1 in these areas;; • Collaborated with civil society organizations (CSOs) in arriving at a final draft proposal of the National Juvenile Justice Law that was submitted to the Senate for approval. This marked a milestone for PROJUST’s legislative component, following months of work in the proposal; • Collaborated with representatives from Nuevo Leon to expand on PROJUST’s draft plan for liquidating the traditional justice system to incorporate operational in addition to legislative liquidation aspects; • Initiated the establishment of networks for information sharing on the NCJS through the development of online platforms for justice officials to analyze, discuss and disseminate information relevant to the implementation of the NCJS; and • Conducted monitoring of government and civil society support for the reform through a review of notifications and publications in favor of the NCJS in online articles, websites and social media profiles of primary CSO counterparts and various government institutions.
Increased the effectiveness of the Criminal Justice System to provide justice to its citizens
• Continued to collaborate with the SETEC on the development of tools and resources for capacity building of justice operators, including protocols for Case Screening Units and inter- institutional communication; training standards for oral hearings and litigation techniques; evaluation instruments to asses training effectiveness; a manual on how to construct the theory of the case; and instructional videos on how to preside over and litigate in initial hearings and on coordination between police and prosecutors in criminal investigations; • Conducted two Training of Trainers (ToT) workshops for 35 project consultants to increase their capacity as training instructors on oral trials and litigation skills and standardize training delivery throughout PROJUST’s activities; • Laid the groundwork for implementation of the Case Screening Unit model at the state level through initial working sessions with representatives from three states to present the model and identify opportunities for future technical assistance in the matter; • Supported eight states in the creation or strengthening of Pre-Trial Services (PTS) Units, responsible for assessing flight risk of defendants and supervising compliance with precautionary measures. Assistance included the establishment of institutional buy-in for implementation of the PTS model; the development of tools and resources, such as an operations manual to improve operational efficiency; and support in the recruitment process of future PTS staff based on competency-based interviews; • Facilitated the implementation of USAID’s Human and Institutional Capacity Development (HICD) methodology in seven states for State Courts and public Defenders’ (PD) Offices. The methodology follows an eight-step process implemented in state justice institutions to assist in identifying institutional problems, define and assess gaps in performance, and point to relevant solutions that are monitored and evaluated for improved effectiveness; • Initiated an analysis of the reorganization needs of two state PD Offices using USAID’s Institutional Reorganization Model as a reference to develop or update organizational charts, restructure or create key units and areas within the office, and reorganize human and financial resources to ensure they are operating in line with the NCJS and respecting due process; • Conducted introductory working sessions with state representatives for the future
USAID/MEXICO PROMOTING JUSTICE PROJECT 52 QUARTERLY REPORT, OCTOBER-DECEMBER 2015 implementation of the HICD methodology to strengthen Tabasco’s Specialized Investigation and Prosecution Unit; and • Initiated the implementation of PROJUST’s new, three-staged differentiated strategy to improve coordination between police and prosecutors in criminal investigations in Queretaro by gaining political buy-in with state justice institutions to move the process forward.
Enhanced the capacity of justice sector institutions to implement, monitor and measure reform progress
• Supported the SETEC’s efforts to strengthen coordination among key actors in reform implementation through a working session in November 2015 that resulted in the preparation of a coordination plan to guide the work by all parties; the creation of virtual channels (four WhatsApp groups were created) to facilitate instant communication between PROJUST, the SETEC and companies specifically hired by the SETEC to support the states; and commitment by all parties to work in a concerted and coordinated manner in their efforts to assist states, each adding value and contributing within their scope of support; • Participated and made significant contributions to the 11th National Meeting of State Implementing Commissions organized by the SETEC in November 2015, which brought together representatives of all 31 states and the Federal District to discuss and agree on priority actions for states to fully transition to the NCJS by the June 2016 Constitutional deadline; • Conducted an assessment of data from the National Institute for Statistics and Geography (INEGI, acronym in Spanish) to compare variables available in the INEGI’s data set to the proposed CJR performance indicators being considered by the SETEC to identify possible areas where future measurement may duplicate efforts and where collaboration would be of benefit; • Continued to support the SETEC in improving its annual study of reform implementation progress by collaborating on the development of scorecards to compile information provided by state justice institutions for the study in an effort to better systematize the information collected.
Improved human capacity to implement and sustain the reform
• Built the capacity of judges and prosecutors in Sonora and Veracruz through training courses on how to preside over and litigate in hearings under the NCJS; • Built the capacity of operators of the Specialized Investigation and Prosecution Units in Baja California, Nayarit and Tabasco through a training on improving coordination between police investigators and prosecutors in criminal case investigations; and • Conducted a study tour to Santiago, Chile, for 15 Mexican justice officials to learn “Best Practices and Informed Decisions in the Criminal Justice Sector” in order to strengthen internal management within, and coordination between, Mexican justice institutions based on an exchange of best practices with Chilean counterparts on information management, data analysis and informed decision making.
Other achievements
• Participated in forums, working sessions and events to promote institutional buy-in at the national and state level;
USAID/MEXICO PROMOTING JUSTICE PROJECT 53 QUARTERLY REPORT, OCTOBER-DECEMBER 2015 • Carried out a desk review to compile national-level secondary statistics on key performance indicators of the CJR, which resulted in a detailed report, summary of findings and recommendations for the continued monitoring of the reform’s performance; • Delivered a series of workshops and working sessions in November and December 2015 with training instructors and project staff to sensitize them to key themes and basic concepts of gender equity and equality and share tools for integrating a gender perspective into training delivery and PROJUST activities, as part of the implementing PROJUST’S Gender Equity Plan; and • Conducted two induction sessions for project consultants on monitoring and evaluation procedures and protocols to ensure understanding of PROJUST’s requirements for activity reporting, data quality and reliability.
USAID/MEXICO PROMOTING JUSTICE PROJECT 54 QUARTERLY REPORT, OCTOBER-DECEMBER 2015 ANNEX V: REPORT ON THE STUDY TOUR TO CHILE
USAID/MEXICO PROMOTING JUSTICE PROJECT 55 QUARTERLY REPORT, OCTOBER-DECEMBER 2015
ANNEX VI: SELECTED STATE BRIEFINGS
USAID/MEXICO PROMOTING JUSTICE PROJECT 73 QUARTERLY REPORT, OCTOBER-DECEMBER 2015