ANNUAL REPORT OCTOBER 1, 2018 – SEPTEMBER 30, 2019

USAID’S OPEN JUSTICE PROJECT IN MOLDOVA

October 30, 2019

DISCLAIMER

This document was produced for review by the United States Agency for International Development. It was prepared by Millennium DPI Partners, LLC. The views expressed in this publication do not necessarily reflect the views of the United States Agency for International Development or the United States Government.

ANNUAL REPORT OCTOBER 1, 2018 – SEPTEMBER 30, 2019

USAID’S OPEN JUSTICE PROJECT IN MOLDOVA

Contract: AID-OAA-I-13-00029 Order: AID-117-TO-17-00001

Implemented by:

Millennium DPI Partners, LLC Two Boar’s Head Place, Suite 130 Charlottesville, VA 22903

Project Address: 27, Armeneasca str., 2nd floor Chisinau, Moldova MD 2012 E-mail: [email protected] USAID Contract AID-117-TO-17-00001 Millennium DPI Partners USAID’s Open Justice Project in Moldova, Annual Report October 30, 2019

TABLE OF CONTENTS

TABLE OF CONTENTS ...... i LIST OF ACRONYMS ...... iv ABOUT THE PROJECT ...... v EXECUTIVE SUMMARY ...... 1 KEY ACHIEVEMENTS ...... 4 Objective 1: Increased Efficiency of the Justice System ...... 4 Objective 2: Increased Transparency and Accountability in the Justice System ...... 5 SECTION I – ACTIVITIES AND RESULTS ...... 6 Open Justice Public Outreach Activities ...... 6 Objective 1: Increased Efficiency of the Justice System ...... 9 Objective 2: Increased Transparency and Accountability of the Justice System...... 16 SECTION II – PROGRAM ENVIRONMENTAL COMPLIANCE ...... 21 SECTION III – PERFORMANCE MANAGEMENT ...... 21 SECTION IV – LIST OF COUNTERPARTS AND BENEFICIARIES...... 24 SECTION V – ADMINISTRATION AND PROJECT MANAGEMENT ...... 25

ANNEXES

Annex I. Report on the Monitoring, Evaluation, and Learning Plan Annex II. Budget Execution Section Annex III. Project’s Newsletter Annex IV. Success Story Annex V. Best Practices Annex VI. New Project Deliverables from Quarter 4 of Fiscal Year 2019

OBJECTIVE 1 1. Report on ICMS Piloting Phase 4.2 – Cahul, Comrat, Balti and Chisinau Appellate Courts’ and Supreme Court of Justice’s Circuit (Activity 1.2.2.5 – Year 3 Work Plan) 2. Assessment of Interoperability of the New Integrated Case Management System with Other E-Governmental Systems in the Moldova Justice and Law Enforcement Sectors (Activity 1.4.1.1 – Year 3 Work Plan)

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Annex VII. Project Deliverables from Quarters 1–3 of Fiscal Year 2019

Quarter 1 of Fiscal Year 2019

OBJECTIVE 1 1. Roadmap for Sustaining the ICMS, Judicial Selection and Evaluation, and Judicial Ethics and Discipline Activities of the Open Justice Project in Moldova (Activity 1.2.4.4 – Year 2 Work Plan) 2. Synopsis of the Digitization Report on Archive Scanning and Metadata Entry during Milestone II & III (Activity 2.3.1.5 – Year 2 Work Plan) 3. ICMS Project – Synopsis of Deliverable Phase 3 on Training Materials and Users’ Training Report (Activity 1.2.4.1 – Year 2 Work Plan) 4. Report on Automatic Random Distribution of Cases in Moldovan Courts during October, 2018 (Activity 1.3.1.3 – Year 2 Work Plan) 5. Report on Automatic Random Distribution of Cases in Moldovan Courts during November, 2018 (Activity 1.3.1.3 – Year 2 Work Plan) 6. Report on Automatic Random Distribution of Cases in Moldovan Courts during December, 2018 (Activity 1.3.1.3 – Year 2 Work Plan) 7. Informative Note on Piloting Videoconferencing Equipment to Ensure Remote Participation of Inmates in Court Hearings (Activity 1.1.2.3 – Year 2 Work Plan)

OBJECTIVE 2 8. Summary of the Final Report about the Public Opinion on the Courts’ Efficiency and the Activity of the Judiciary (Activity 2.3.1.4 – Year 2 Work Plan) 9. FAQ Content for the SCM Website about Disciplinary Proceedings (Activity 2.2.2.2 – Year 2 Work Plan) 10. Synopsis of the Report on the Workshop for Judicial Ethics Commission Members to Strengthen Their Capacity to Issue Recommendations, Opinions, and Outreach Communication (Activity 2.2.3.1 – Year 2 Work Plan) 11. Draft Advisory Opinion on Judges’ Involvement in Political and Governmental Activities (Activity 2.2.3.3 – Year 2 Work Plan) 12. Synopsis of the Report on the Training for Judicial Staff on Ensuring Gender Equality, Fair Treatment of People with Special Needs, and User-Friendly-Access to the Courts (Activity 2.3.1.6 – Year 2 Work Plan)

Quarter 2 of Fiscal Year 2019

OBJECTIVE 1 13. Synopsis of the Digitization Report on Archive Scanning and Metadata Entry during Milestone IV (Activities 1.4.1.3 and 2.3.1.5 – Year 2 Work Plan) 14. ICMS Project – Synopsis of Deliverable Phase 5 on ICMS Data Migration (Activity 1.2.3.4 – Year 2 Work Plan)

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15. Synopsis of the User Guide on the Judicial Performance Dashboard (Activity 2.1.1.2 – Year 2 Work Plan) 16. Report on Pre-deployment ICMS Training Activities Organized during January–March 2019 (Activity 1.2.4.1 – Year 2 Work Plan) 17. Report on Automatic Random Distribution of Cases in Moldovan Courts during January 2019 (Activity 1.3.1.3 – Year 2 Work Plan) 18. Report on Automatic Random Distribution of Cases in Moldovan Courts during February 2019 (Activity 1.3.1.3 – Year 2 Work Plan) 19. Report on Automatic Random Distribution of Cases in Moldovan Courts during March 2019 (Activity 1.3.1.3 – Year 2 Work Plan)

OBJECTIVE 2 20. Final Report on IFCE Improvement Plans Implementation (Activity 2.1.3.3 – Year 2 Work Plan) 21. Synopsis of the Guide for SCM Members on Preparing Well-Reasoned Decisions on the Selection of Judges (Activity 2.2.4.1 – Year 2 Work Plan) 22. Easy-to-Read Guide for Petitioners on Filing Disciplinary Complaints against Judges (Activity 2.2.2.2 – Year 2 Work Plan) 23. Synopsis of the Guide on Customer Service for the Courts (Activity 2.3.1.6 – Year 2 Work Plan)

Quarter 3 of Fiscal Year 2019

OBJECTIVE 1 24. Synopsis of the Report on Archive Information System Development (Activity 2.3.1.5 – Year 2 Work Plan) 25. Report on ICMS Piloting Phase 4.1 – Cahul, Comrat, and Balti Appellate Courts’ Circuit (Activity 1.2.3.5 – Year 2 Work Plan & Activity 1.2.2.5 – Year 3 Work Plan) 26. Report on Pre-deployment ICMS Training Activities Organized during April–June 2019 (Activity 1.2.4.1 – Year 2 Work Plan & Activity 1.2.3.1 – Year 3 Work Plan) 27. Report on Automatic Random Distribution of Cases in Moldovan Courts during April 2019 (Activity 1.3.1.3 – Year 2 Work Plan) 28. Report on Automatic Random Distribution of Cases in Moldovan Courts during May 2019 (Activity 1.3.1.3 – Year 2 Work Plan)

OBJECTIVE 2 29. Report on the TOT Training and Workshop for Judicial Ethics Commission Members on the Application of the Moldovan Code of Professional Ethics and Conduct by Judges (Activity 2.2.3.1 – Year 2 Work Plan) 30. FAQs for Judges on Common Ethics Dilemmas (Activity 2.2.3.3 – Year 2 Work Plan)

Page iii USAID Contract AID-117-TO-17-00001 Millennium DPI Partners USAID’s Open Justice Project in Moldova, Annual Report October 30, 2019 LIST OF ACRONYMS

ACA Agency for Court Administration CMS Case Management System CRO Court Reorganization and Optimization EAP Efficiency Action Plan EJSM Electronic Judicial Statistics Module FAQ Frequently Asked Question ICMS Integrated Case Management System IFCE International Framework for Court Excellence IT Information Technology JEC Judicial Ethics Commission MELP Monitoring, Evaluation, and Learning Plan MOJ Ministry of Justice NCPPD National Center for Protection of Personal Data NPA National Penitentiary Administration SCM Superior Council of Magistracy SITCS Service for Information Technology and Cyber Security ToT Train the Trainers USAID United States Agency for International Development

Page iv USAID Contract AID-117-TO-17-00001 Millennium DPI Partners USAID’s Open Justice Project in Moldova, Annual Report October 30, 2019 ABOUT THE PROJECT

The United States Agency for International Development’s (USAID’s) Open Justice Project is a rule of law project being implemented in Moldova from May 2017 until June 2020. Its purpose is to assist the Government of Moldova to improve the efficiency and transparency of the Moldovan judicial system and improve access to justice for the citizens of Moldova.

The Open Justice Project’s components include:

• Objective 1: Increased Efficiency of the Justice System — Activities to align Case Management System (CMS) updates with recently passed laws complementing court reorganization and optimization (CRO) efforts, develop an overarching Integrated Case Management System (ICMS) to interface with existing and future databases in the justice sector, strengthen court administration processes, and build the capacity of the Superior Council of Magistracy (SCM) and the Ministry of Justice (MOJ) to refine legislation consistent with the goals and objectives of the Justice Sector Reform Strategy, in close collaboration with civil society. • Objective 2: Increased Transparency and Accountability of the Justice System — Activities to advance and fully apply judicial ethics standards, disciplinary procedures, and a sound evaluation and merit-based judicial selection system to reduce corruption risks, strengthen professionalism and integrity, and hold the judiciary accountable for violations of ethical standards and the law.

In implementing these activities, the Open Justice Project works in partnership with key actors and stakeholders within Moldova’s justice system, primarily the SCM, the MOJ, and the Agency for Court Administration (ACA), as well as the courts throughout the country.

In addition to court automation and implementing modern information technology (IT) solutions in the judiciary, the Project is assisting its local counterparts to improve caseflow and court processes, streamline the court reorganization process, and display court performance indicators and a statistical web report card online so that the media and citizens can gain access to information about court performance. The Project also digitized the judicial decisions of the Chisinau District Court issued from 1965 to 2009, which totaled 740,824 decisions. This will enable judges and staff from the Chisinau District Court to access these decisions online, and will contribute to more consistent application of the law in court decisions. Together, the Project’s activities will lead to the modernization and automation of the Moldovan courts and will also significantly bolster judicial transparency and accountability.

The Project’s activities are led by a team of experienced national legal experts with in-depth knowledge of the Moldovan justice system. The local team is supported by a wide range of international and national experts who provide specialized expertise.

Page v USAID Contract AID-117-TO-17-00001 Millennium DPI Partners USAID’s Open Justice Project in Moldova, Annual Report October 30, 2019 Open Justice Project by the Numbers

Court Automation

A modern Integrated Case An E-File Module, including 20 Moldovan courts Management System piloted a mobile version of the system connected to17 in 20 courts (46 primary and and 38 claims submitted penitentiaries through secondary locations) through it by 20 attorneys videoconferencing system

Efficiency

1,781 judges and court staff 25 amendments, regulations, 78 activities implemented in

trained on how to use the new court rules, and instructions the Courts of Appeal within the

ICMS and 132 judges and court developed with the assistance International Framework for

staff on court excellence, ethics of Open Justice Project Court Excellence

and social inclusion

Transparency

21 webpages of Moldovan 740,824 court decisions 33,511 people informed via 29 courts, SCM and ACA upgraded digitized and made available to articles and interviews about and made accessible to persons Chisinau District Court court reform, automation, with special needs employees through a web efficiency and transparency application

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EXECUTIVE SUMMARY

The Open Justice Project is pleased to present its Annual Report for Fiscal Year 2019, covering the period from October 1, 2018 to September 30, 2019. The report highlights Open Justice’s major accomplishments to date and describes progress made toward the Project’s goals of advancing the Moldovan justice system’s efficiency, transparency, and accountability.

This Annual Report begins with a list of the Project’s key achievements, followed by a description of the Project’s specific activities and results attained under each of its two Objectives. The performance management section addresses the progress toward completion of the Project’s targets. The report also includes a budget execution section, a program environmental compliance section, a list of counterparts actively engaged with the Project, and an administration and project management section, along with all of the deliverables prepared during the reporting period (Fiscal Year 2019). The Monitoring, Evaluation, and Learning Plan (MELP) Report is included as Annex 1 to this report.

Under Objective 1, the Project successfully completed several major activities that will enhance court automation and bring innovative IT solutions into the Moldovan judiciary, thus enhancing its efficiency, transparency, and accountability.

Specifically, the Project completed the development and testing of the new overarching ICMS for district and appellate courts and the Supreme Court of Justice (a total of 46 locations) and made significant efforts to coordinate logistics with numerous stakeholders for gradually piloting the ICMS in all Moldovan courts through January–July 2019. The ICMS piloting was a highly complex effort that included on-site training on the use of the ICMS for a total of 1,781 judges and court staff from the pilot courts, and purchasing and installing a total of 400 desktop computers, three servers for the Comrat and Cimislia District Courts and the Comrat Court of Appeal, and 17 software licenses for the ACA/MOJ. The piloting also involved migrating over 2.9 million case files from the old CMS into the new ICMS, providing intensive on-site assistance to pilot courts’ judges and staff and constant technical support to the pilot courts via a call center that the Project established specifically for the piloting period. The Project also offered extensive assistance to the SCM and ACA/MOJ in drafting the complex documentation required by law for piloting any new governmental software.

The ICMS is capable of integrating with several national registries and e-services, which is expected to reduce the time court staff spend entering data into the system. The ICMS also includes a more flexible and sophisticated Electronic Judicial Statistics Module (EJSM), which will allow courts to electronically generate and analyze complex statistical data and eliminate inefficient paper-based statistical reports. The ICMS also allows parties to sign judicial acts electronically and send summonses via electronic means. The ICMS is expected to improve the security of data stored by the courts, reduce the time and costs of court services, help court administration make more informed decisions, and become the cornerstone of a future paperless court system.

The ICMS is already integrated with the upgraded E-File Module, which allows attorneys and public entities to file claims online and receive up-to-date information on their cases. During Quarters 3 and 4 of fiscal year 2019, Open Justice piloted the E-File Module in the Cahul District Court and the Cahul Appellate Court. By September 30, 2019, lawyers from the Cahul Bar had successfully submitted 38 claims using the E-File Module, including through the mobile version of the system. During the

Page 1 USAID Contract AID-117-TO-17-00001 Millennium DPI Partners USAID’s Open Justice Project in Moldova, Annual Report October 30, 2019 next fiscal year, the Project will continue to assist the ACA/MOJ to finalize and implement the E-File Module and thereby allow online submissions of court complaints in all Moldovan courts.

During Fiscal Year 2018, Open Justice installed 21 videoconferencing equipment sets in all Moldovan courts and the SCM. The equipment has streamlined remote communication between the SCM and the courts, and it has made it possible for prison inmates to participate in court hearings remotely. After the successful piloting of the videoconferencing equipment, Open Justice developed its findings and recommendations for procedural rules and training court and penitentiary personnel. As a result of the successful implementation of videoconferencing in the courts, the National Penitentiary Administration (NPA) purchased and installed 15 teleconferencing systems for the remote participation of penitentiary inmates in court trials. In July 2019, the SCM approved the Regulations on the Use of the Teleconferencing System in Court Hearings and Penitentiaries and extended the use of the videoconferencing system to all national courts. During Fiscal Year 2019, the Moldovan courts conducted a total of 1,209 court hearings between them and the penitentiaries within their region, which has led to significant cost savings each month.

During Fiscal Year 2019, the Project’s subcontractor Andmevara SRL completed the digitization of 740,824 court decisions, amounting to over 2,278 million pages, from the Chisinau District Court’s 1965–2009 archive. Andmevara also developed a web application that connects the digitized archive to the ICMS so judges and court staff from the Chisinau District Court can search and access the digitized decisions online. Andmevara offered a warranty period for any necessary maintenance work on the digital archive until April 2020.

The Project continued to regularly monitor alleged manipulations in the CMS and ICMS random case distribution process and helped the ACA and the SCM develop nine Monitoring Reports on Random Case Distribution in Moldovan Courts via CMS/ICMS for October 2018 through June 2019. Due to successful lobbying by Open Justice, in September 2018, the Parliament approved amendments to several laws, which increased the number of SCM judicial inspectors from five to seven. Open Justice trained the two newly hired inspectors on using and analyzing data from the ICMS. This will contribute to the sustainability of the assistance in monitoring random case distribution that the Project provided.

In February 2019, the Project’s subcontractor IT-Lab installed and configured software that performs real-time analysis of business processes and system events generated by the new ICMS application. The analysis identifies and alerts the responsible bodies (the Service for Information Technology and Cyber Security [SITCS], the ACA, and the SCM) about unauthorized access to the ICMS database and suspicious activities within the system. This software solution for monitoring the ICMS is expected to prevent attempted manipulations and ensure the security and integrity of data stored in the ICMS.

To ensure the sustainability of reform efforts, the Project developed and presented a Roadmap to its main local partners (the MOJ, ACA, SCM, and SITCS) for sustaining the ICMS, judicial selection and evaluation, and judicial ethics and discipline activities of the Open Justice Project. The Roadmap contains a proposed action plan that guides the local counterparts in ensuring proper implementation of the initiated reforms.

Under Objective 2, the Project continued to focus its activities on assisting the SCM and MOJ to identify shortcomings and propose solutions to improve judicial selection, evaluation, ethics, and disciplinary practices, which are areas of great concern to the public, the media, and donors.

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During the reporting period, the Project’s local consultant drafted and finalized the Guidelines on Drafting Well-Reasoned SCM Decisions on Judicial Selections, which contain recommendations on how the SCM can improve the reasoning of judicial selection and promotion decisions so that civil society, mass media, and the public can be confident that the SCM based its judicial selection and promotion decisions on objective and transparent criteria. The Guidelines were submitted to the SCM and will be used during the judicial selection process.

In order to meet the public demand for increased transparency in judicial disciplinary procedures, during the reporting period, Open Justice developed instructions for the public on how to complete and submit disciplinary complaints, and also drafted guidelines and Frequently Asked Questions (FAQs) related to judicial disciplinary proceedings. The SCM published these materials on its website in January 2019.

Open Justice’s contribution to setting up and building the capacity of the SCM Judicial Ethics Commission (JEC) was especially notable. The Project continued to provide capacity building and technical assistance to the JEC, which the SCM established in May 2018. To this end, in October 2018, the Project conducted a training for JEC members on how to draft advisory opinions and recommendations, organize the JEC’s workflow, and implement an effective outreach policy about judicial ethics for judges. In April 2019, the Project conducted an interactive judicial ethics seminar and a Train the Trainers (ToT) workshop for JEC members, which will further consolidate their knowledge about judicial ethics and build their skills to train fellow judges on the topics of judicial ethics. In addition, Open Justice finalized the development of four draft models for the JEC’s ex officio opinions on topics related to: 1) judges’ involvement in political and governmental activities, 2) judges’ ex parte communication, 3) conflicts of interest and disqualification, and 4) judges and social media.

During the reporting period, all four Moldovan Appellate Courts finalized the implementation of action plans they had developed as part of the International Framework for Court Excellence (IFCE) piloting effort. The IFCE is an internationally recognized framework of concepts and tools that courts can apply to improve the quality of court services and their overall performance. The IFCE piloting in the four Moldovan Appellate Courts culminated in a conference, convened by Open Justice in January 2019 for all Moldovan courts, during which representatives of the Appellate Courts discussed their experiences and results in implementing the IFCE. The Project also developed a report containing recommendations and best practices from the IFCE implementation in the Appellate Courts and submitted it to the SCM to encourage all courts to implement IFCE-inspired activities.

During October–November 2018, Open Justice conducted the second national public opinion survey on the judicial system. This second survey was based on the same methodology and questionnaire that the Project used during the first survey it conducted in the fall of 2017. The survey measured the public’s opinion about the judiciary in the following areas: court reorganization, optimization and automation, friendliness of court staff and services, e-services, corruption, gender equality, and transparency. The contracted company developed a draft of the final report, a short brochure, and a one-page flyer that compare the findings and results of the first and second surveys in 2017 and 2018. The comparison showed an increase in public trust in the judiciary from 16% to 19% among the general population and from 18% to 26% among the people who have interacted with the courts in the last two years. Another positive trend was the increase in people’s confidence in judges, from 19% to 20% among the general population and from 20% to 25% among people who were involved in court trials. This change can be attributed to Open Justice’s extensive and continuous effort to raise public awareness of ongoing judicial reforms, the court reorganization process, and the ICMS, the increased transparency and accountability of the judiciary, and the overall improvements in access to justice.

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During the reporting period, Open Justice provided assistance with updating and optimizing the new websites of the SCM and ACA and the Courts’ Web Portal. The upgraded websites are part of Open Justice’s efforts to promote judicial transparency, and they will be useful to citizens and the media seeking information about the courts and the judiciary. The websites are now also more accessible to people with visual impairments and were optimized for mobile devices.

Open Justice continued its efforts to inform stakeholders and the public about various topics relevant to the Project’s main areas of activities and cross-cutting issues. During the 2019 fiscal year, Open Justice developed and delivered two animated videos to the ACA/MOJ showcasing the benefits to the public that have been achieved through the introduction of the ICMS and the E-File Module for submitting court complaints online. The ICMS video is already running on screens located in the public hallways of all Moldovan courts. The E-File video is running on screens in the hallways of the two Cahul courts (district and appellate) that are piloting the E-File Module, and it will be placed in all courts once the use of the E-File Module is extended to the remaining the courts. The two videos are an important part of the Project’s outreach campaign to highlight the benefits being brought to the public through the use of IT tools in the judiciary.

Open Justice informed a total of 33,511people about various topics relevant to the Project’s main activity areas and cross-cutting issues — 18,896 persons via the thematic website, www.justitietransparenta.md, and 13,839 persons via social media channels. The Project also delivered 7,150 printed materials to every court location (main and secondary premises), including brochures, posters, and flyers about the ICMS, the E-File Module, and court users’ rights. These outreach materials, presented in Romanian and Russian, will help raise the public’s awareness of the benefits of the ICMS, the E-File Module, and their rights, especially for those in remote locations.

KEY ACHIEVEMENTS

OBJECTIVE 1: INCREASED EFFICIENCY OF THE JUSTICE SYSTEM

During the 2019 fiscal year, under Objective I, the Open Justice Project:

• Finalized the development of the new ICMS and successfully piloted it in all national courts (46 locations) • Trained 1,829 judges, court staff, and ACA/MOJ and SITCS employees on the use and administration of the new ICMS • Offered onsite and remote support to approximately 1,500 ICMS users • Purchased and installed 400 desktop computers in eight district courts, four appellate courts, and the Supreme Court of Justice to ensure the smooth running of the new ICMS • Developed nine Monitoring Reports on Random Case Distribution in Moldovan Courts via CMS/ICMS for October 2018–June 2019 and presented them to the SCM and ACA/MOJ

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• Piloted the videoconferencing system for the remote participation of inmates in trials in the Cahul and Orhei District Courts and the Chisinau and Cahul Appellate Courts and facilitated 1,209 court sessions using the equipment • Presented an Informative Note to the SCM and ACA/MOJ with recommendations on using videoconferencing equipment to ensure the remote participation of inmates in court hearings • Presented and discussed, with the SCM members, the report with recommendations on the piloting of the video recording of court hearings in two courts • Conducted two trainings for judicial inspectors on how to monitor the activity of ICMS users via the new ICMS • Trained 20 attorneys on how to use the E-File Module and offered support during the piloting the E-File Module at the Cahul District Court and Cahul Court of Appeal • Configured and installed a software solution for monitoring and reporting unauthorized and suspicious activities within the ICMS database • Digitized 740,824 judicial decisions and rulings from the Chisinau District Court archive • Developed the Archive Information System for searching and retrieving the digitized documents of the Chisinau District Court • Completed distribution of 200 copies of the Guidelines for Effective Court Administration to all Moldovan courts • Drafted amendments to the SCM Instruction on electronic statistical reporting for all court levels to include new statistical data • Distributed a total of 7,150 printed informational materials (posters, flyers, and calendars) on the benefits and functionalities of the ICMS and E-File Module to every court in Moldova • Developed one animated video and one audio spot on the benefits of the ICMS • Developed one animated video and one audio spot on the benefits of using the E-File Module

OBJECTIVE 2: INCREASED TRANSPARENCY AND ACCOUNTABILITY IN THE JUSTICE SYSTEM

The following activities represent the Project’s major achievements under Objective 2:

• Conducted two workshops and the ToT for JEC members and other SCM representatives to strengthen the JEC’s capacity to apply the Moldovan Code of judicial professional ethics and conduct • Developed four draft models for the JEC’s ex officio opinions on topics related to: 1) judges’ involvement in political and governmental activities, 2) judges’ ex parte communication, 3) conflicts of interest and disqualification, and 4) judges and social media • Finalized the implementation of the IFCE in four Appellate Courts, developed the Final Report on IFCE implementation, and organized the Final Conference on IFCE implementation in partnership with the SCM

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• Upgraded and launched new modern websites for the SCM and ACA and an upgraded Courts’ Web Portal • Developed content for resources available online on how to lodge complaints against judges, which were uploaded on the SCM website • Conducted two separate two-day trainings for judicial staff on ensuring gender equality, fair treatment of people with special needs, and user-friendly access to the courts • Printed and distributed a Guide on Customer Service for the Courts • Conducted the Second National Public Opinion Survey on the Judicial System • Delivered to and discussed with the SCM leadership the Guidelines on Drafting Well- Reasoned SCM Decisions on Judicial Selections • Participated in the America Day Fair events in Chisinau and Comrat and informed the public about the IT tools used by the Moldovan judiciary and the benefits they provide

SECTION I – ACTIVITIES AND RESULTS

OPEN JUSTICE PUBLIC OUTREACH ACTIVITIES

THEMATIC WEBSITE INFORMED OVER 18 THOUSAND PEOPLE ABOUT THE MOLDOVAN JUDICIARY AND ITS REFORM

Since the official launch of the thematic justice website www.justitie transparenta.md in September 2018, Open Justice has informed 18,896 persons who visited the website about various aspects of the Moldovan judicial reforms and the modernization of legal services. Open Justice published a total of 29 pieces on these topics — 15 written articles, six press-releases, six video-interviews, and two short videos. The Project informed website visitors about judges’ specializations, how judges are assessed for integrity, the implementation of the IFCE in the appellate courts, the ethics mandate of the JEC, the benefits and functionalities of the ICMS, the upgraded website of the ACA and SCM, how videoconferencing works in the courts, and other subjects relating to efforts to improve the quality and transparency of the judicial system. The Project used accessible language to make the complicated judicial reforms easy for the public to understand. The goal of the thematic justice webpage is Figure 1 – The thematic justice to show the public how these reforms will benefit them by website contributing to a more accountable judiciary and better court www.justitietransparenta.md services.

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SECOND NATIONAL PUBLIC OPINION SURVEY ON THE JUDICIAL SYSTEM

In October and November 2018, Open Justice conducted the second national public opinion survey on the Moldovan judicial system. This survey measured changes in the public’s confidence in judicial effectiveness, including changes affected by activities carried out with assistance from the Open Justice Project including the court reorganization reform, the speedy exercise of justice, the implementation of court performance standards, court automation, e-services, and user-friendly administrative services for courts.

Compared to the first survey results (conducted in December 2017), the second survey revealed that the public’s trust in the justice system had increased from 16% to 19% among the general population and from 18% to 26 % among the people who have Figure 2 – A one-pager flyer showing interacted with courts in the last two years. the main results of the first and second national public opinion surveys The second survey also revealed that court users’ awareness of the ICMS increased from 38% in 2017 to 46% in 2018. The general public’s awareness of the newly expanded ICMS, however, has remained at 28%.

Open Justice presented the results of the second national public opinion survey to the SCM. The SCM’s leadership is committed to using the statistical data provided by the surveys to address the identified gaps in the judicial system.

MORE MOLDOVAN CITIZENS ARE AWARE OF THE BENEFITS OF THE ELECTRONIC JUDICIAL SERVICES

In 2018, Open Justice implemented an awareness-raising campaign to inform the Moldovan public about the benefits of the ICMS and the E-File Module.

Together with the ACA/MOJ and the SCM, the Project produced two animated video and audio spots about the ICMS and the E-File Module. The first video on the ICMS is broadcast daily in the halls of the Moldovan courts (in 46 locations) and on the Internet (on 40 thematic websites and social media pages). Figure 3 – The animation video about ICMS benefits broadcast in the halls of the Moldovan courts The second video on the E-File Module was developed and submitted to the ACA/MOJ and the SCM for further use and promotion in the Moldovan courts and the media once the piloting period ends and the E-File Module is fully operational in all courts.

Moreover, to ensure that the information reaches as many people as possible, from November 2018 through September 2019, Open Justice produced and delivered a total of 5,750 posters, calendars, and flyers about the ICMS and E-File to the Moldovan courts. These outreach materials, presented in both Romanian and Russian, helped raise awareness of how these modern IT tools have improved

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ON THE EUROPEAN DAY OF CIVIL JUSTICE, STUDENTS LEARNED HOW MOLDOVAN COURTS WORK

On the occasion of the European Day of Civil Justice, which is celebrated annually on October 25, 2018, Open Justice partnered with the Court of Appeal in Comrat and the Court of Appeal in Balti, along with the Legal Clinic in Balti and local educational institutions, and organized two public events for 150 high school and law university students to raise their awareness about their rights in court, how the courts function, and the benefits of using electronic court services. Both courts proudly presented the activity of their courts and distributed over 400 “know your rights” publications, developed earlier by the Figure 4 – Comrat Court of Appeal court staff Open Justice Project. talking to high-school and law school students

OPEN JUSTICE ASSISTED COURTS AND THE ACA/MOJ TO RAISE AWARENESS ABOUT THE UPGRADED JUDICIARY WEBSITES

During Fiscal Year 2019, the Project upgraded and launched improved websites for all 19 courts, the ACA/MOJ, and the SCM. The interface of the new websites includes more effectively organized inform- ation on the judiciary’s activities and provides better access to legal information for people with special needs.

The Project wrote several articles explaining the new functionalities of the websites. In November 2018, Open Justice assisted the SCM in publishing an article on their official website and Facebook page about the Figure 5 – A screenshot of the new search engine on the Chisinau Court of Appeal’s website new features and interface of the SCM website. The article was read over 700 times. In March 2019, Open Justice published an article on its website about the improved ACA/MOJ website, which was viewed about 500 times. In May 2019, Open Justice published an overview of the information published on five websites (the Balti Court of Appeal and the Balti, Drochia, Edinet, and Soroca District Courts); the article was read 110 times. Finally, in September 2019, Open Justice published an article that explained how the search engine works on the improved websites of the Moldovan courts, which was read 308 times. Open Justice will continue to promote the new, improved websites so the Moldovan public — and more specifically court users — are well informed about the automatization and modernization of the courts and are promptly informed about their court cases.

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OPEN JUSTICE INFORMED THE MOLDOVAN PUBLIC ABOUT AVAILABLE JUDICIAL SERVICES AT AMERICA DAY 2019

On September 6 and 13, 2019, in Chisinau and Comrat, Open Justice took part in the America Day Fair organized by the US Embassy and USAID in Moldovan. To promote the Project’s activities and make a direct impact, the Project team organized several learning activities. A total of 850 people took part in a quiz and answered questions related to the Moldovan judiciary, for which they were awarded with small prizes.

Together with the Project’s beneficiaries, the Comrat Court of Appeal court staff, Open Justice organized a Figure 6 – Open Justice Team engaging with the public demonstration of the Courts’ Web Portal and public during America Day 2019 in Chisinau showed the Moldovan public (i.e., current and potential litigants) how to search for case records on the Portal and how to find trial schedules and judicial rulings and decisions.

Additionally, the Project team distributed 2,100 brochures about individuals’ rights in court, how to get state-guaranteed legal assistance, and the new ICMS and its benefits. Lastly, the Project presented the animated video about the ICMS and covered hundreds of general questions related to the Moldovan judiciary. It is estimated that the Project interacted with and informed 1,200 people during America Day in Chisinau and Comrat.

OBJECTIVE 1: INCREASED EFFICIENCY OF THE JUSTICE SYSTEM

SUB-OBJECTIVE 1.1: COURT REORGANIZATION AND OPTIMIZATION IMPLEMENTED

During Fiscal Year 2019, the Open Justice Project achieved significant progress in supporting justice sector institutions to implement the CRO reform.

The Project identified necessary regulatory changes and implemented videoconferencing equipment facilitate the CRO process by enabling remote communication between the SCM and the courts, as well as communication between the central courts and district courts. During the 2019 fiscal year, seven videoconferencing sessions were organized between the central courts and district courts on the participation at the final IFCE Conference, the implementation of the new ICMS in pilot courts, and general court administration issues.

Open Justice piloted the videoconferencing system for the remote participation of inmates in trials in collaboration with the NPA, the Cahul District Court, the Orhei District Court, and the Cahul Court of Appeal. In total, the Project facilitated 77 videoconferences with inmates from the Branesti and Taraclia prisons. When the pilot was concluded, Open Justice drafted a report based on the feedback and data provided by the courts. The report, presented to the SCM and ACA/MOJ, outlined the Project’s conclusions and recommendations for further expansion of the use of videoconferencing

Page 9 USAID Contract AID-117-TO-17-00001 Millennium DPI Partners USAID’s Open Justice Project in Moldova, Annual Report October 30, 2019 solutions for the remote participation of inmates in trials. As a result of Open Justice’s successful implementation of the videoconferencing system, the NPA purchased and installed 15 additional videoconferencing systems in December 2018. After a highly successful initial pilot of the videoconferencing systems, the pilot courts continued to use the videoconferencing system to carry out a total of 611 hearings for the remote trial participation of inmates by June 30, 2019. Open Justice also assisted the SCM and ACA/MOJ to develop the Regulation on the Use of the Videoconferencing System in Court Hearings and Penitentiaries. In July 2019, the SCM approved the Regulation and extended the use of the videoconferencing system to all national courts. During Quarter 4 of Fiscal Year 2019, the Moldovan courts Figure 7 – Use of videoconferencing system in the Balti conducted a total of 1,209 court hearings between their Court of Appeal for remote trial participation of inmates courts and the penitentiaries.

In October 2018, Open Justice developed and submitted a report to the SCM summarizing the findings and providing recommendations for implementing the video recording of court hearings in all Moldovan courts. During April–June 2018, Open Justice assisted the SCM and MOJ to pilot the video recording of court hearings using the videoconferencing solution that the Project provided. Two courts (the Balti Court of Appeal and Soroca District Court) were pilot courts for testing the use of the videoconferencing solution for the video recording. The report contained a detailed analysis of the challenges and results of the piloting based on 40 video recordings at the Balti Court of Appeal and 71 video recordings at the Soroca District Court. In November 2018, Open Justice sent a letter to the SCM informing them that the Project was available to provide further guidance to stakeholders upon request. The SCM and MOJ, in their discussions with the Project, mentioned that considering the use of the videoconferencing solution for recording court hearings is premature, as recording would require significant investments in data storage devices for storing the video files and amendments to laws and court practices.

The Project also continued to assist the CRO Working Group in implementing the CRO Strategic Communication Plan that was developed by Open Justice in 2018. Open Justice organized two informational events on the reorganization and optimization of the court system in the framework of the European Day of Civil Justice. These events were hosted by the Balti and Comrat Appellate Courts and gathered about 150 high school and law university students. In addition, the Project produced and published 29 publicity pieces (including articles, interviews, and videos) on topics related to court automation, court reform and optimization, court specialization, implementation of the IFCE, judicial ethics and discipline, and judges’ appointments.

A significant achievement under this sub-objective for court reform was the establishment of Community Outreach Centers, set up with Project support in the four appellate courts. The Community Outreach Centers provide visitors with easy access to information when they have questions. These centers provided extensive informational assistance to court users, having covered 6,761 information requests. The Community Outreach Centers also distributed leaflets previously Figure 8 – Communication Outreach Center developed with the support of Open Justice. in the Comrat Court of Appeal

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To further support the institutionalization of good practices in court administration, during Fiscal Year 2019, Open Justice printed and distributed 200 copies of the updated Guidelines for Effective Court Administration to court staff. The electronic version was also made available in the CMS and ICMS. The guidelines include templates for various court activities that court administrators, judges, and staff can use to improve the efficiency and uniformity of their work.

Also, under Sub-Objective 1.1, Open Justice provided technical assistance on the draft Justice Sector Reform Strategy developed by the MOJ. In October 2018, at the MOJ’s request, Open Justice submitted proposals on court reorganization, sustainable implementation of the new ICMS and videoconferencing in courts, and improving the effectiveness of the SCM’s subordinate bodies. In 2019, the MOJ developed a page on its official website that presents the recommendations for reform made by public authorities, civil society, and international donors. Additionally, a sub-page was created to collect suggestions and recommendations about activities to be implemented as part of the the new judicial reform (http://justice.gov.md/slidepageview.php?l=ro&idc=733).

In April 2019, the MOJ requested the Project’s recommendations on the draft of the new Justice Sector Reform Strategy for 2019–2022, available online at http://justice.gov.md/public/files/directia_ analiza_monitorizare_si_evaluare_a_politicilor/Programul_justiie_transparent.pdf. In its response, Open Justice suggested introducing an additional activity focused on informing court users and the public about the implementation of CRO, including the specialization of the courts and the expected benefits of the reform. In addition, the Project suggested expanding information activities to raise public awareness and demand for the IT services and technologies available in courts, which would facilitate the implementation of CRO. The proposals were driven by the need, identified by Open Justice, to maintain continuous communication with and inform the public extensively about the impact of the court reorganization and modernization on the justice system, the availability of new IT services in the courts, and the impact these reforms are having on access to justice and the quality of the courts’ customer service.

All activities under Sub-Objective 1.1 under Year 2 Work Plan were fully completed. The Project’s Year 3 Work Plan does not include activities related to Sub-Objective 1.1.

SUB-OBJECTIVE 1.2: INTEGRATED CASE MANAGEMENT SYSTEM (ICMS) IS REDESIGNED, UPGRADED, IMPLEMENTED; IT IS SUSTAINABLE AND IS CAPABLE OF INTEGRATION WITH ALL RESPECTIVE E-GOVERNANCE SYSTEMS IN MOLDOVA AND COMPATIBLE WITH COURT REORGANIZATION AND OPTIMIZATION; ICMS BECOMES A STANDARD OF BEST COURT AUTOMATION PRACTICES IN THE REGION

During the 2019 fiscal year, Open Justice finalized the development of the new ICMS, which replaced the CMS, and successfully piloted it in all national courts (46 locations). The piloting involved the migration of data amounting to more than 2 million cases. An important part of the preparation for the ICMS piloting was delivering trainings for users from the pilot courts. Throughout the reporting period, the Project trained 1,829 judges, court staff, and ACA/MOJ and SITCS Figure 9 – ICMS training at the Balti District Court

Page 11 USAID Contract AID-117-TO-17-00001 Millennium DPI Partners USAID’s Open Justice Project in Moldova, Annual Report October 30, 2019 employees on the use and administration of the new ICMS. Of these, 483 participants were trained in cooperation with the National Institute of Justice.

Since the piloting of the new ICMS, the Project has offered support to approximately 1,500 ICMS users, both on-site and via an office-based call center. The Project’s interns helped judges and court staff record and report bugs and other technical issues, which the Project’s IT developer AlfaSoft immediately fixed.

During the reporting period, the Project team visited all Moldovan courts to identify the additional IT equipment needed to run the ICMS smoothly. The assessment found that 979 of the 1,431 computers used in Moldovan courts need to be upgraded and 452 computers need to be completely replaced. Open Justice managed to cover a significant part of these IT equipment needs for the courts. The Project purchased and installed a total of 400 desktop computers in eight district courts, four appellate courts, and the Supreme Court of Justice to ensure the smooth running of the new ICMS. The Project also provided three servers, one each to the Comrat and Cimislia District Courts and the Comrat Court of Appeal, and 17 software licenses to the ACA/MOJ to facilitate the use of the ICMS by court staff and the MOJ. Open Justice will recommend to the ACA/MOJ that the courts plan for the purchase of the remaining computers in their budgets for the 2020 and 2021 fiscal years.

The Project also developed all draft regulations necessary for registering the ICMS as part of the Judicial Information System at the National Center for the Protection of Personal Data (NCPPD). As a result, the NCPPD authorized the processing of personal data during the ICMS piloting and approved the interoperability of the ICMS with other e-governance systems. In addition, the Project developed and embedded a dynamic watermark on all forms and windows of the ICMS interface to minimize the risk of unauthorized private data sharing and leaks from the ICMS.

The Project continued to collaborate closely with stakeholders, particularly the ICMS Working Group, to pilot the new ICMS and to achieve full technical and regulatory preparedness prior to its implementation. Five meetings were conducted to address issues identified during the ICMS piloting. Some of the issues discussed by the ICMS Working Group centered on case distribution at the Supreme Court and appellate courts, the mechanisms necessary to correct the errors committed by ICMS users, and new functionalities ICMS users had requested.

Open Justice worked closely with the SCM, the ACA/MOJ, and the courts to refine 130 ICMS statistical reports for first-tier courts, appellate courts, and the Supreme Court of Justice. The Project will continue to work on developing additional statistical reports as requested by the SCM and MOJ.

Open Justice also closely collaborated with the IT company Alfa Soft to update the ICMS maintenance plan and troubleshooting resources based on issues identified throughout the piloting process. Open Justice submitted the final version of the maintenance plan to the ACA/MOJ and SITCS in order to ensure proper maintenance of the ICMS beyond the Project’s implementation.

An important area of work for the Project’s team was the piloting of the upgraded E-File Module. As of April 1, 2019, in collaboration with the ACA/MOJ, the Project had launched the E-File Module at the Cahul District Court and the Cahul Court of Appeal. The Project also offered support to the 20 attorneys involved in the piloting process. Open Justice then incorporated feedback received from the attorneys and the ACA/MOJ and made some of the E-File Module’s functionalities compatible with the new ICMS Supreme Court Module and the Administrative Code that entered into force on June 1, 2019. Between April 1 and September 30, 2019, the attorneys successfully submitted 38 claims using the E-File Module, including through the mobile version of the system. During the next quarter,

Page 12 USAID Contract AID-117-TO-17-00001 Millennium DPI Partners USAID’s Open Justice Project in Moldova, Annual Report October 30, 2019 the Project will continue to support the implementation of the E-File Module across the entire country.

Open Justice made significant efforts during the reporting period to inform the public about available court e-services. In particular, Open Justice developed an animated video spot on the benefits of the new ICMS and published and promoted it on 40 online communities’ websites and/or social media pages. In total, the video was viewed 1,300 times on the Project’s pages and hundreds of times on other partner platforms. Figure 10 – Screenshot from the E-File Module At the end of April 2019, in partnership with the SITCS, the ACA/MOJ approved broadcasting the video on the screens that are installed in the courts’ public spaces. Open Justice also developed an animated video highlighting the E-File Module’s benefits to litigants. The E-File Module video spot will be promoted in the same way as the ICMS video once the Module is fully operational in all courts.

In preparation for the nationwide launch of the E-File Module, Open Justice also delivered 4,000 posters, flyers, and calendars with information about the benefits and functionalities of the E-File Module to every court location in Moldova. These public outreach materials were presented in both Romanian and Russian.

To ensure the sustainability of reform efforts, the Project developed and presented a Roadmap to its main local partners (the MOJ, ACA, SCM, and SITCS) for sustaining Open Justice’s ICMS, judicial selection and evaluation, and judicial ethics and discipline activities beyond the life of the Project. The Project sent the Roadmap to the MOJ and the SCM so they could approve and implement an action plan beyond the Open Justice Project’s period of implementation. (The Roadmap is attached in Annex VI.)

During its extension, covering the period of October 1, 2019 – June 30, 2020, the Project will focus its efforts on adapting the ICMS to existing legislative changes and on supporting approximately 1,500 users in the pilot courts. The Project’s ICMS user support call center will continue to function until the end of the Project’s implementation to ensure that all errors can be reported and corrected quickly. The assistance provided by Open Justice during the extension will be focused on ensuring that the Government of Moldova can assume full authority and responsibility for properly operating, maintaining, and sustaining the new ICMS beyond the Project’s lifetime.

Activities 1.2.1.1–1.2.1.3, Activities 1.2.2.1–1.2.2.2, Activities 1.2.3.1–1.2.3.7, Activities 1.2.4.1–1.2.4.4, and Activities 1.2.5.1–1.2.5.3 (Year 2 Work Plan) under Sub-Objective 1.2 were fully completed during Fiscal Year 2019.

Activities 1.2.1.1–1.2.1.2, Activities 1.2.2.1 – 1.2.2.6, Activity 1.2.3.1, and Activity 1.2.4.1 (Year 3 Work Plan) under Sub-Objective 1.2 were fully completed during the reporting period.

The implementation of Activity 1.2.3.2 (Year 3 Work Plan) was postponed to Quarter 3 of Fiscal Year 2020 because of the Open Justice Project’s activity extension.

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SUB-OBJECTIVE 1.3: STREAMLINE CASEFLOW AND OPTIMIZE COURT ADMINISTRATION AND MANAGEMENT BASED ON THE DATA FROM THE UPGRADED ICMS

During the 2019 fiscal year, Open Justice also continued to help the SCM and the ACA/MOJ monitor and follow up on alleged manipulations in the ICMS random case distribution process. The Project developed nine monitoring reports, which were submitted to the SCM and the ACA/MOJ.

Open Justice trained the judicial inspectors from the SCM on the use of the ICMS and its statistical reporting module. All seven SCM judicial inspectors took part in the training, where they learned about the data the ICMS produces and how they can use it to better monitor the activity of courts and judges and detect and follow up on suspicious activities and alleged manipulations.

In order to consolidate the SITCS’s capacity to monitor suspicious activities in the ICMS database, Open Justice pur- chased and installed an IT Solution that monitors and reports on manipulations of the ICMS database at the central level. This software solution can perform real-time analysis of Figure 11 – Graphical representation of the IT solution that reports on business and system events manipulations of the ICMS database at the central level generated in the ICMS and is expected to prevent attempted manipulations. During the extension period, , the Project will continue to offer assistance in developing the security policies required to use the monitoring software, and will further oversee how the ACA/MOJ and the SITCS put them in place.

The Project continued to work with the SCM and the ACA/MOJ to refine the existing manual statistical reports so they could be further embedded in the new ICMS to facilitate the transition toward paperless statistical reporting. In early April 2019, the Project sent several recommendations to the SCM for amendments to the Instruction on Electronic Statistical Reporting. In August 2019, the ACA/MOJ provided the SCM with the full list of updated reports to be integrated into the Instruction. Throughout the extension period, the Project will amend the existing reports and will develop additional statistical reports based on the list submitted by the ACA/MOJ.

At the same time, the Project worked to enhance stakeholders’ ability to work with the ICMS- generated statistical data. On April 10–12, 2019, in cooperation with the National Institute of Justice, Open Justice held two training sessions for Moldovan judges, court chairpersons, chiefs of secretariat, and other court staff — a total of 39 persons — on the ICMS’s reporting tools and analysis of judicial statistics data. During Fiscal Year 2019, 490 users from the pilot courts were also trained on the new EJSM functionalities. The training courses improved the ability of judges and court staff to monitor court performance and to effectively apply ICMS tools for the automated processing of judicial information.

Activities 1.3.1.1. – 1.3.1.4 (Year 2 Work Plan) under Sub-Objective 1.3 and Activities 1.3.1.1–1.3.1.3 (Year 3 Work Plan) under Sub-Objective 1.3 were fully completed during the reporting period.

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SUB-OBJECTIVE 1.4: ICMS IS CAPABLE OF EVENTUAL FUNCTIONAL INTEGRATION WITH ALL RELEVANT SYSTEMS OF THE STATE AGENCIES (THE CIVIL REGISTRY, PROSECUTOR GENERAL’S OFFICE, POLICE, FORENSICS BUREAU, CADASTER SYSTEM, ETC.)

During the 2019 fiscal year, Open Justice worked closely with Alfa Soft to ensure that the ICMS is capable of integrating with other relevant governmental e-systems. The Project secured integration with the Population Registry and the Registry of Legal Entities, from which data on participants in court proceedings will be automatically extracted. The Project also has connected five services to the new ICMS — namely MPay, MPass, MSign, MLog, and MNotify — through the MConnect platform. In addition, Alfa Soft developed web services to make the ICMS capable of eventual functional integration with the Prosecutor’s E-file system, E-bailiffs, the Registry on Forensics and Criminology, and the Registry of Criminal Offenses and Contraventions.

A significant achievement during this fiscal year was the development and implementation of a new ICMS functionality that allows court staff to send court decisions and additional documents directly from the ICMS to probation officers’ email addresses. This functionality addresses one of the most pressing issues the Probation Office is currently facing — delayed receipt of court decisions for enforcement. Further integration with the Probation Office will take place based on the recommen- dations of the Interoperability Assessment, which the Project developed.

To support the stakeholders in determining the regulatory and the additional technical needs required for functional integration with the ICMS, the Project contracted an international expert to conduct an Interoperability Assessment. The expert’s mission consisted of two visits to Chisinau in May 2019 and June 2019. During these visits, the expert met with representatives from the Probation Office, the General Prosecutor’s Office, the Ministry of Internal Affairs, the E-Governance Agency, and the MOJ. These visits familiarized the expert with the legal framework of the interoperable processes in the existing IT systems and gathered data on the technical capabilities of the existing IT systems in the justice sector that would be interconnected with the ICMS. The assessment was finalized in September 2019 and provides recommendations for the Government and other international donors for enabling interoperability between these systems after the Project ends. (The Interoperability Assessment is attached in Annex VI.)

Another important activity under Sub-Objective 1.4 was integrating the digitized court decisions of the Chisinau District Court from 1965 to 2009 with the ICMS. The digitization process was completed in March 2019, and the digitized archive is temporarily hosted on a computer located at the Chisinau District Court. During the reporting period, Open Justice worked with the IT company Andmevara to ensure the ICMS had the technical capability to integrate the digitized decisions of the Chisinau District Court.

In April 2019, Open Justice tested the new Archive Information System developed by Andmevara that houses the Chisinau District Court decisions and reviewed the user’s guide, the administrator’s guide, and other technical documentation received from Andmevara. On April 20, 2019, Andmevara SRL entered into the warranty phase, which ends on April 20, 2020. During the warranty and maintenance phase, once the new server is available (which will be purchased by the SCM as soon as funds become available), the technical experts of Andmevara SRL will transfer the archive from the computer located at the Chisinau District Court onto the dedicated server. This will involve configuring the new server, re-deploying the Archive Information System, and migrating all files and metadata.

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Activities 1.4.1.1–1.4.1.3 (Year 2 Work Plan) and Activity 1.4.1.1 (Year 3 Work Plan) under Sub- Objective 1.4 were fully completed during fiscal year 2019.

OBJECTIVE 2: INCREASED TRANSPARENCY AND ACCOUNTABILITY OF THE JUSTICE SYSTEM

SUB-OBJECTIVE 2.1: PERFORMANCE MANAGEMENT STANDARDS APPLIED BASED ON THE MANAGEMENT DATA GENERATED BY THE ICMS

With Open Justice’s assistance, in 2017, the SCM and the MOJ approved 17 revised Judicial Performance Indicators. In September 2018, Alfa Soft included the approved 17 Judicial Performance Indicators in the new ICMS.

During the 2019 fiscal year, Open Justice provided skill development training programs to court presidents, deputy court presidents, chiefs of secretariats, and court clerks on the upgraded ICMS Court Performance Dashboard. The Court Performance Dashboard displays information about key court performance indicators — such as case clearance rate, age of pending cases, time to disposition, etc. — in real time for every Moldovan court. The indicators provide crucial data that will inform the courts about existing imbalances between the demand for court services and the capacity of courts to meet this Figure 12 – ICMS Court Performance Dashboard demand, and will guide their interventions to improve training at the National Institute of Justice court performance. Throughout October 2018– September 2019, the Project trained 490 staff on the use of the ICMS Court Performance Dashboard. Out of 490 justice sector personnel trained, 483 participants were trained in cooperation with the National Institute of Justice.

During Quarters 1 and 2 of the 2019 fiscal year, to assist the SCM, the ACA/MOJ, and the courts in using and interpreting the real-time data generated by the Performance Dashboard, the Project developed the User Guide on the Court Performance Dashboard, which is part of the new ICMS. Throughout April–September 2019, as part of the ICMS piloting process, the draft Guide was made available to all Moldovan courts. The Guide is accompanied by video tutorials and will be also used in training activities for the courts that will be held in the next fiscal year.

The Judicial Performance Indicators are directly accessible to the public on the Web Report Card — an updated, user-friendly online application where public users can see and assess real-time court data. During the reporting period, the Project’s subcontractor Alfa Soft worked to complete the functional requirements and developed the Web Report Card (https://statistica.instante.justice.md/), also reflecting the ACA/MOJ’s and SCM’s feedback on the application’s functionalities. The upgraded Web Report Card allows the legal community, social science researchers, corruption experts, journalists, and members of the public to obtain information and answers to common questions about the courts.

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A number of specific Project activities were dedicated to the implementation of the IFCE at the four Moldovan appellate courts. The IFCE is an international framework of concepts and tools that courts can apply to improve the quality of court services and their overall performance. In October 2018–January 2019, with Open Justice’s support, the four appellate courts implemented efficiency action plans (EAPs), which included tasks related to access to justice, improvements to internal operations, the use of electronic communication, and transparency and openness to users. Similarly, the Figure 13 – Open Justice and the SCM leadership discuss the progress of IFCE implementation appellate courts supported the activity of the Community in the appellate courts Outreach Centers, which reduce the workload of the courts’ secretariats by providing practical information to court users. In March 2019, Open Justice drafted an Informative Note on the Piloting of the Community Outreach Centers in the Appellate Courts of the Republic of Moldova, which presents the key achievements of each Community Outreach Center. Open Justice also updated the Guide on Best Practices of Court Excellence (developed by a previous USAID rule of law project in 2015, which piloted the IFCE in three district courts in Moldova). The Project presented the Informative Note and the Guide to the SCM to assist them in deciding whether to scale up the implementation of the IFCE and the Community Outreach Centers to all Moldovan courts.

The Project also closely monitored the activity of each appellate court and analyzed their interim reports in order to evaluate their progress in implementing the IFCE. These activities culminated in a conference for all Moldovan courts convened by Open Justice in January 2019, during which representatives of the appellate courts discussed their experiences and results in implementing the IFCE. The Project also developed a report containing recommendations and best practices from the IFCE implementation in the appellate courts and submitted it to the SCM. Open Justice encouraged the other Moldovan courts to maintain high standards and promote public trust in the judicial system.

In completing the last phase of Open Justice’s assistance toward the implementation of the IFCE in the appellate courts, in June 2019, the Project met with the SCM leadership and emphasized the importance of ensuring that all Moldovan courts apply a performance quality control system in order to maintain high standards and promote public trust in the judicial system.

Activities 2.1.3.1–2.1.3.4 (Year 2 Work Plan) under Sub-Objective 2.1 were fully completed during Fiscal Year 2019.

The Project’s Year 3 Work Plan does not include any activities related to Sub-Objective 2.1.

SUB-OBJECTIVE 2.2: INSTITUTIONALIZE OVERSIGHT OVER JUDICIAL PERFORMANCE

Under Sub-Objective 2.2, Open Justice continued to support the SCM and the Judicial Inspection Board with implementing the recommendations made by Open Justice in the EAPs vetted by the SCM in February 2018. The Project delivered an in-depth training for the SCM’s judicial inspectors on the use of ICMS performance data reflecting court activity. After the amendments introduced by the Parliament to the Law No. 947/1996 on the SCM, wherein the SCM added two positions for judicial inspectors to its staff, went into effect, the SCM selected two new judicial inspectors in late April

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2019. On August 7, 2019, Open Justice trained all SCM judicial inspectors, including the new judicial inspectors contracted in April 2019, on detecting and reporting manipulations of the ICMS and compiling data for the monthly random case assignment reports that will be published online. Thus, the SCM inspectors will be able to continuously monitor how courts use the ICMS and follow up on alleged ICMS manipulations.

At the same time, Open Justice provided assistance in improving the publicly available resources on judicial disciplinary proceedings. Open Justice engaged Mr. Richard Gebelein (an international consultant) and Mr. Vladimir Grosu (a national consultant) to develop tools that would help complainants identify the purpose of judicial discipline and what constitutes a valid complaint. Throughout the reporting period, the consultants developed online instructions for the public on how to complete and submit notifications, as well as guidelines and FAQs related to disciplinary proceedings. Open Justice integrated these specialized documents into the new version of the SCM website, after the SCM members had reviewed and approved the materials. The SCM published the FAQs on its website, under the menu dedicated to submitting notifications of acts that could constitute a judicial disciplinary offence (https://csm.md/files/files/intrebari_raspunsuriproceduri disciplinare.pdf).

During Fiscal Year 2019, Open Justice worked with a local consultant to assist the SCM in improving the reasoning of its decisions on judges’ career appointments by developing guidelines for the SCM. Open Justice implemented this activity after the SCM amended and approved the new SCM regulations, which reflected recent amendments made by the Parliament to the legal framework on the selection of judges, many of which were promoted by Open Justice. On April 3, 2019, Open Justice met with the representatives of the SCM and members of the SCM Secretariat to discuss the Guidelines on Drafting Well-Reasoned SCM Decisions on Judicial Selections that the Project developed. The Guidelines contain recommendations for the SCM on drafting clearly reasoned decisions that are based on legal principles and objective, merit-based criteria. Open Justice expects that the Guidelines will help the SCM to improve the transparency and overall quality of the judicial selection and promotion process.

An important activity under Sub-Objective 2.2 during Fiscal Year 2019 was building the JEC’s capacity to establish itself as an effective advisory body that helps judges avoid unethical conduct. With this purpose, and at the SCM’s request, Open Justice engaged a judicial ethics expert, Ms. Victoria Henley. On October 12, 2018, the Project conducted a workshop with Ms. Henley aimed at building the JEC’s members’ skills in drafting advisory opinions and recommendations. Ms. Henley also developed guidelines for responding to judges’ requests for advisory opinions, guidelines for judges on the most common ethical dilemmas, and FAQs about expected judicial conduct that tackle issues related to actual and potential conflict of interests, limitations in discharging judicial duties, allowed and prohibited activities, and interaction with the media. As part of its overall assistance to the JEC, Open Justice advised JEC members on how to organize the internal workflow of the Commission, including registering and tracking requests for opinions and recommendations and categorizing the topics of the opinions.

In addition, Ms. Henley developed three new draft models of ex officio opinions on topics related to: 1) ethical issues raised by a judge’s participation in political and governmental activity, 2) judges’ ex parte communication, 3) conflicts of interest and disqualification, and 4) judges and social media. Open Justice submitted these documents to the JEC to help them improve Moldovan judges’ ability to apply judicial ethics standards. On April 22, 2019, following a written request from a judge, the JEC issued an advisory opinion “on judges’ impartiality,” demonstrating the JEC’s capacity to carry out its

Page 18 USAID Contract AID-117-TO-17-00001 Millennium DPI Partners USAID’s Open Justice Project in Moldova, Annual Report October 30, 2019 advisory function in the area of judicial ethics and also indicating the impact Open Justice has had on this newly established body.

During Fiscal Year 2019, Open Justice contracted a second judicial ethics expert, Judge John Fields, who designed and implemented a judicial ethics seminar and a ToT workshop for the JEC’s members. The goal of Judge Fields’s assignment was to build on the work already done by Ms. Henley focusing on ethical issues and factual scenarios, interactive discussions, and promoting a critical approach. On April 4–5, 2019, Open Justice organized a two-day interactive training session (one workshop and one ToT) for 18 Moldovan judges and JEC representatives. Judge Fields led the training. The participants discussed the consequences Figure 14 – Judge John Fields discusses case scenarios on of unethical behavior, preventive measures, the JEC’s sensitive ethical issues with JEC workshop participants role, and the role of the court presidents in promoting a sense of judicial obligation and duty. In June 2019, Open Justice participated in a meeting with the SCM’s members. The Project discussed the JEC’s ownership of the practical products and instruments developed by the Project and the necessity of ensuring consistency in the JEC’s future activity.

Activities 2.2.1–2.2.4 (Year 2 Work Plan) under Sub-Objective 2.2 were completed during Fiscal Year 2018.

The Project’s Year 3 Work Plan only includes activities related to the development and deployment of the ICMS. Consequently, the Year 3 Work Plan does not include any activities related to Sub- Objective 2.2.

SUB-OBJECTIVE 2.3: PUBLIC ACCESS TO JUSTICE SECTOR INFORMATION

During the reporting period, the Open Justice’s activities were focused on enabling the SCM, ACA/MOJ, and courts to give citizens and lawyers access to justice sector information and on ensuring the performance of the judicial system.

Open Justice, through its efforts, has helped the SCM upgrade and launch a modernized version of its official website (https://www.csm.md/ro/). The website is now more accessible to people with visual impairments, offers the option to file complaints electronically, and automatically posts all archived videos from the SCM Figure 15 – Screenshot from the upgraded webpage plenary sessions for the public. of the Superior Council of Magistracy

After the launch of the SCM website, Open Justice assisted the SCM to draft and publish a press- release regarding the improvements and new functionalities of the upgraded SCM website. Open Justice shared the article on the Project’s thematic justice website and social media channels. The press-release was viewed 700 times.

Page 19 USAID Contract AID-117-TO-17-00001 Millennium DPI Partners USAID’s Open Justice Project in Moldova, Annual Report October 30, 2019

The Project also worked closely with the ACA to improve the quality of the public information available on its websites. As a result, the ACA launched its upgraded website (www.aaij.justice.md). The website’s new interface includes effectively organized information on court activities and provides better access to legal information for people with special needs. Open Justice published an announcement about the launch of the upgraded ACA/MOJ website explaining the impact of the improvements and new functionalities of the website. Open Justice shared the article on the Project’s thematic justice website and social media channels. The press-release associated with this event was viewed 500 times.

From January to July 2019, Open Justice assisted the ACA in testing the new websites of the pilot courts from the Cahul, Comrat, Balti, and Chisinau Appellate Court jurisdictions for compatibility and interoperability with the new ICMS. The new court websites were launched on the Courts’ Web Portal (http://www.instante.justice.md). The user-friendly design and new functionalities of the Courts’ Web Portal allow the courts to exchange data with the new ICMS more quickly and securely than before. In May 2019, Open Justice published an overview of five websites belonging to the Balti Court of Appeal and the Balti, Drochia, Edinet, and Soroca District Courts; the article was read 110 times. Finally, in September 2019, Open Justice published an article that explained how the search engine works on the improved websites of the Moldovan courts, which was read 308 times.

During Fiscal Year 2019, Open Justice conducted the second national public opinion survey on the judicial system. The survey measured changes in public opinion since the implementation and promotion of several reforms (compared with the first survey in 2017). The opinions of 1,200 Moldovan residents were collected during the quantitative study. Additionally, the subcontractor Magenta Consulting organized four focus groups with court users, lawyers, journalists, and judges. Open Justice also developed a short brochure and a one-page flyer with the survey findings and results, comparing the 2017 and 2018 survey data, and presented them to the SCM. The comparison showed the public’s trust in the judiciary had increased from 16% to 19% among the general popu- lation and from 18% to 26% among the people who have interacted with the courts in the last two years. Another positive trend was in people’s confidence in judges, which increased from 19% to 20% among the general population and from 20% to 25% among court users. It should be noted that this positive change in the public’s perception of the justice system is extraordinary when measured against most donor-funded rule of law programs in the region. This change can be attributed to Open Justice’s extensive and continuous effort to raise public awareness of ongoing judicial reforms, the court reorganization process, and the ICMS, the increased transparency and accountability of the judiciary, and the overall improvements in access to justice. The final comparative report, along with 40 brochures and 40 one-page flyers, was presented to the SCM in March 2019.

To enhance the public’s access to court information, Open Justice organized two informational events that were hosted by the Balti and Comrat Appellate Courts. Approximately 150 high school students and law school students attended the event. The students learned about the CRO Report, the ICMS, the videoconferencing and video and audio recording solutions for courts, the E-File Module, and the IFCE. As future practitioners, the law students in particular gained valuable first-hand knowledge of and insights into these IT solutions.

As mentioned above under Sub-Objective 1.4, Open Justice’s IT subcontractor Andmevara digitized the archive of Chisinau District Court decisions and rulings issued during 1965–2009. At the request of the President of the Chisinau District Court, Andmevara also digitized the military and adoption decisions that were issued during the period of 1965–1972. In December 2018, Open Justice discussed transferring ownership of the digitized archive to the Chisinau District Court. To develop the connection between the digitized archive and the ICMS (as provided in the Andmevara contract),

Page 20 USAID Contract AID-117-TO-17-00001 Millennium DPI Partners USAID’s Open Justice Project in Moldova, Annual Report October 30, 2019

Open Justice is temporarily hosting the archive on a computer at the Chisinau District Court, until the archive can be transferred onto a dedicated server. (A server will be purchased by the court as soon as funds are available.) On March 22, 2019, Andmevara finalized the digitization of the Chisinau District Court’s archive. As stated in the Informative Note prepared by Andmevara, the total number of digitized court decisions and rulings is 740,824, for a total of 2,278,197 pages. In June 2019, Open Justice met with Andmevara representatives to discuss the Archive Information System Andmevara developed to ensure access to the digital archive of the Chisinau District Court. After providing training to Chisinau District Court judges and court staff who will use the Archive Information System, Andmevara entered into the warranty phase, which will end on April 20, 2020.

As part of Open Justice’s focus on accessibility and gender issues, the gender expert Oksana Sudoma conducted two trainings on ensuring gender equality, fair treatment of people with special needs, and user-friendly access to courts for a total of 50 court staff representatives. The training raised awareness of participants’ biases and perceptions and helped identify barriers to access to justice for various vulnerable groups. In a follow-up to the gender training held for court staff on October 30– November 2, 2018, Open Justice developed a Guide on Customer Service for the Courts. The Guide is directed toward court staff whose responsibilities include frequent interactions with court users. In May 2019, in partnership with the SCM Secretariat, Open Justice distributed the Guide to all courts in Moldova to help them improve internal procedures and staff conduct when interacting with court users.

Activities 2.3.1.1 – 2.3.1.6 under Sub-Objective 2.3 (Year 2 Work Plan) and Activities 2.3.1.1–2.3.1.2 under Sub-Objective 2.3 (Year 3 Work Plan) were fully completed in Fiscal Year 2019.

Activity 2.3.1.3 on organizing the Closing Conference (Year 3 Work Plan) will be rescheduled at a later date because of the extension of the Open Justice’s activities.

SECTION II – PROGRAM ENVIRONMENTAL COMPLIANCE

The Open Justice Project has a categorical exclusion per Millennium DPI Partners’ task order contract Section H.17, Environmental Compliance Requirement, and the Initial Environmental Examination attached as Annex 1 to the task order.

SECTION III – PERFORMANCE MANAGEMENT

This section provides an overview of the progress towards achieving planned Project activities during Fiscal Year 2019. While the Project’s initial completion date was May 14, 2019, in February 2019, at the request of the MOJ, USAID extended the Project’s implementation period until September 30, 2019. On September 19, 2019, USAID signed another extension for the Open Justice Project until June 30, 2020, to assist the new Moldovan Government to implement many ambitious judicial reforms aimed at eradicating corruption and ensuring court transparency and efficiency.

Page 21 USAID Contract AID-117-TO-17-00001 Millennium DPI Partners USAID’s Open Justice Project in Moldova, Annual Report October 30, 2019

During the reporting period, the Project made significant progress toward achieving all of its planned targets set in the Project’s Year 2 Work Plan and partial Year 3 Work Plan.

Under Objective 1, the most significant achievement this fiscal year was the successful implementation of the ICMS in all 20 Moldovan courts (a total of 46 locations) and the piloting of the E-File Module in two courts in Cahul. The Project trained 1,781 judges and court staff on the use of the new ICMS functionalities and provided constant support to ICMS users via a call center that the Project established. The call center handled around 100 calls per week from ICMS users.

The Project developed and launched upgraded websites for the SCM, the ACA/MOJ, the national Court’s Web Portal, and 19 Moldovan courts (all district and appellate courts). These upgraded websites are more user-friendly and informative, and they also include functionalities that make them accessible for visually and hearing-impaired users.

The Project also made a significant contribution to preventing attempted manipulations and ensuring the safety and integrity of data stored in the ICMS. The Project’s subcontractor, IT-Lab, installed and configured software that will perform real-time analysis of business and system events generated in the new ICMS application. The analysis will identify and alert the responsible bodies — the ACA, SITCS, and SCM — about unauthorized access to the ICMS database and suspicious activities that could result in manipulations of the random case distribution algorithm.

Due to successful lobbying by Open Justice, the Parliament approved legislative amendments that increased the number of SCM judicial inspectors from five to seven. The SCM hired the two new judicial inspectors in April 2019. Open Justice then trained the SCM’s judicial inspectors, including the new inspectors, on using and analyzing data from the ICMS to monitor the random case distribution and follow up with courts in cases of alleged manipulations.

In order to assess the preconditions for the ICMS’s inter-connectivity with other governmental IT systems in the justice sector, the Project contracted an international expert who developed the ICMS Interoperability Assessment. The Interoperability Assessment, which was finalized in September 2019, describes the technical preparedness of the current state-owned IT systems that are to be connected to the ICMS, and provides recommendations for the necessary next steps that the Government must take before integration can be successful. While the ICMS is capable of functional integration with the Prosecutor’s E-File System, E-bailiffs, and other registries in the judicial and law enforcement system, the latter are not ready yet from a technical and/or regulatory point of view. Therefore, the Government must take on responsibility for what will be a long-term and costly project to develop the regulatory framework and ensure the technical preconditions for interconnecting the registries from the judicial and law enforcement system with the ICMS.

Open Justice significantly contributed to the efficiency of the Moldovan judiciary by piloting the videoconferencing solution both for inmates’ remote participation in court trials and for remote communication between the SCM and the courts on court administration issues. With the Project’s assistance, the SCM and the MOJ developed and approved the Regulations on the Use of the Videoconferencing System in Court Hearings and Penitentiaries, and extended the use of the videoconferencing system to all national courts.

By March 31, 2019, the Project’s subcontractor Andmevara completed the digitization of 740,824 court decisions amounting to 2,278 million pages, from the 1965–2009 Chisinau District Court’s archive. The task was accomplished in a very short period of time, taking approximately one year. The digitization of court judgments reduces the risk of loss, damage, or misfiling of the archived documents and makes them much more easily accessible to lawyers and judges. It will also reduce

Page 22 USAID Contract AID-117-TO-17-00001 Millennium DPI Partners USAID’s Open Justice Project in Moldova, Annual Report October 30, 2019 the costs of storing paper records, enhance the security of information, and ensure greater uniformity in applying the law by providing judges and court staff access to archive decisions.

Under Objective 2, in January 2019, the Project conducted the final IFCE conference, during which the IFCE pilot courts presented their achievements in the IFCE implementation. The Project’s consultant presented the IFCE Final Report, which included lessons learned, best practices, and recommendations for further implementation of the IFCE in the rest of the Moldovan courts.

The Project also had a significant impact on building the capacity of the JEC through developing ex officio opinions and FAQs covering judicial conduct related to conflicts of interest, limitations in discharging judicial duties, and interactions with the media.

Open Justice assisted the SCM, ACA, MOJ, and courts draft numerous regulations, decisions, and legislative acts on implemented reforms ahead of the established timeline. By the end of Quarter 3 of Fiscal Year 2019, the total number of approved and implemented normative acts, developed with the Open Justice Project’s support, had already reached the Year 3 (ending September 30, 2019) target of 37 normative acts. (For details, see the Report on the Project MELP in Annex I to this Report.)

By September 30, 2019, Open Justice had trained 3,771 justice sector personnel, thus exceeding the Year 3 target by 4,471 people. These trainings were held for SCM members and judicial inspectors, judges, court staff, lawyers, and ACA/MOJ representatives on the new ICMS, the E-File Module, the use of judicial statistics and performance indicators, judicial ethics, gender equality, and fair treatment of people with special needs. The Project also significantly exceeded the number of people it reached as a result of its public outreach campaigns. By September 30, 2019, the Project had reached 46,123 persons, thus significantly exceeding the Year 3 target of 31,000 persons.

Under Objective 2, in December 2018 the Project helped the SCM conduct the second national public opinion survey on the judicial system. When compared to the national survey results conducted in December 2017, the second survey indicated several improvements in the judicial system. For instance, the public’s trust in the justice system has increased from 16% to 19% among the general population and from 18% to 26% among the people who have interacted with courts in the last two years. Another positive trend is the increase of the public’s confidence in judges, which increased from 19% to 20% among the general population and from 20% to 25% among court users.

To ensure the sustainability of reform efforts, the Project developed and presented a Roadmap to its main local partners (the MOJ, ACA, SCM, and SITCS) for sustaining Open Justice’s ICMS, judicial selection and evaluation, and judicial ethics and discipline activities after the conclusion of the Project. The Roadmap contains a proposed action plan that counterparts will need to adopt and implement to ensure the sustainability of the Project’s activities.

In conclusion, the Project achieved significant accomplishments during Fiscal Year 2019, was on schedule, and in some instances exceeded the performance targets established in the MELP.

Page 23 USAID Contract AID-117-TO-17-00001 Millennium DPI Partners USAID’s Open Justice Project in Moldova, Annual Report October 30, 2019 SECTION IV – LIST OF COUNTERPARTS AND BENEFICIARIES

I. Ministry of Justice Contact details: Role in the Project: Republic of Moldova, Chisinau The MOJ is the state institution responsible for drafting laws 31 August 2982 No. 82 str., and decisions of the Government regarding justice and social- MD – 2112 economic fields. It coordinates the development of the new Tel: +373 22 233340 Justice Sector Reform Strategy for 2019–2022. Open Justice E-mail: collaborates with the MOJ on aspects related to the ICMS [email protected] development and piloting, CRO assessment and implemen- tation, trainings for lawyers on the E-File Module, and ensuring Olesea Stamate – Minister of ICMS connectivity and interoperability with other e- Justice governance systems.

II. Agency for Court Administration Contact details: Role in the Project: Republic of Moldova, Chisinau The ACA is an administrative authority subordinate to the Ştefan cel Mare str., No.124 B, MOJ, responsible for ensuring the organizational activity of the 2nd floor district and appellate courts. The institution is also responsible Tel: + 373 22 27 18 14 for the coordination of the court reorganization process. E-mail: Open Justice collaborates closely with the ACA on activities [email protected] related to developing and piloting the ICMS, ICMS interoperability with other e-governance systems, improving Elena Corolevschi – Interim institutional capacities for monitoring manipulations in the Chairman ICMS random case distribution process, assessing the impact of CRO and the introduction of IT solutions in the courts to facilitate the implementation of the CRO, improving the electronic statistical reporting of the justice sector, and organizing trainings for court personnel on subjects relevant to Project activities. III. Superior Council of Magistracy Contact details: Role in the Project: Republic of Moldova, Chisinau The SCM is responsible for the judicial administration of the 5, M. Eminescu str. courts and ensuring the independence of the judiciary in Tel: + 373 22 991-991 Moldova. Open Justice collaborates closely with the SCM on E-mail: [email protected] aspects related to the implementation of CRO, setting-up the Working Groups to promote various judicial reforms, Dorel Musteata – Interim improving the electronic statistical reports from ICMS, Chairman addressing the weak areas in the appointment and promotion of judges, and judicial discipline, improving transparency in publishing court decisions on the Courts’ Web Portal, and trainings for judges on subjects related to program activities.

Page 24 USAID Contract AID-117-TO-17-00001 Millennium DPI Partners USAID’s Open Justice Project in Moldova, Annual Report October 30, 2019 SECTION V – ADMINISTRATION AND PROJECT MANAGEMENT

During the reporting period, USAID approved two extensions of the Project’s timeframe, from the original completion date of May 14, 2019 until September 30, 2019 and then again from October 1, 2019 to June 30, 2020. The first Project extension was awarded to finalize the implementation of the new ICMS in all Moldovan courts and was not intended to cover Objective 2 activities. Thus, Objective 2 staff members Ruslan Grebencea and Irina Lupusor left the Project on May 15, 2019, when their employment contracts expired. The Project also did not extend the contract with Ion Donica, Digitization Manager, since digitization was completed in May 2019. Anastasia Jomiru, Project Assistant, left on May 15, 2019, as she had another employment offer. During May–September 2019, the Project Assistant’s duties were divided among several remaining staff members (Victor Bicenco, Olga Birca, and Iulia Tvigun). In September 2019, the Outreach Specialist, Iulia Tvigun, left the Project to enroll in an Master’s course abroad. At the request of USAID, the extension for October 1, 2019 – June 30, 2020 will again include activities related to Objective 2 (judicial selection, evaluation, and discipline). Open Justice will hire two new staff members for Objective 2 activities (a Senior Staff Attorney and a Junior Staff Attorney). For Objective 1 activities, the Project will promote six current part-time interns to Junior Staff Attorney positions. The diagram below shows the Project team until May 14, 2019, as they contributed to completing some of the activities during the reporting period.

Millennium DPI Home Office Brian Hannon, CFO Chief of Party USAID Natalija Stamenkovic, Cristina Malai Moldova COR Technical Director

Remus Turcan, Admin & Finance Director Deputy Chief of Party Monitoring, Evaluation, Knowledge & Learning Olga Birca, Subcontracts, Luciana Iabangi Grants & Bookkeeping Elina Petrovici, Director

OBJECTIVE 1 OBJECTIVE 2

Increased Efficiency Increased Transparency of the Justice System and Accountability of the Non-key Support Staff Mihai Grosu, Key Expert 1 Justice System Iulia Tvigun Ecaterina Televca, Senior Ruslan Grebencea, Key Expert Outreach Specialist IT Advisor 2 Anastasia Jomiru, Vitalie Levința, IT Manager Irina Lupusor, Staff Attorney Project Assistant Patricia Zgibarta, Staff Attorney Victor Bicenco, Driver Veronica Mocanu, Staff Ion Donica, Digitization Attorney Manager

Short Term Technical Assistance: Millennium DPI and National Center for State Courts

Moldovan Partner Soft Tehnica and Alfa Soft (IT Subcontractors – ICMS Software Development and Hardware Procurement), IT Company Andmevara - to digitize the judicial decisions from the District Court of Chisinau, Union of Lawyers, LCRM, and Others

Page 25 USAID Contract AID-168-TO-14-00001 Millennium DPI Partners USAID’s Justice Activity in Bosnia and Herzegovina, Quarterly Report January 31, 2016

OPEN JUSTICE PROJECT

27, Armeneasca str., 2nd floor Chisinau, Moldova MD 2012 e-mail: [email protected]

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