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Justice for All Project in Albania Quarterly Report: October 1, 2018 – December 31, 2018

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Justice for All Project in Albania Quarterly Report: October 1, 2018 – December 31, 2018 JUSTICE FOR ALL PROJECT IN ALBANIA QUARTERLY REPORT: OCTOBER 1, 2018 – DECEMBER 31, 2018 JUSTICE FOR ALL PROJECT IN ALBANIA QUARTERLY REPORT: OCTOBER 1, 2018 – DECEMBER 31, 2018 Prepared under: USAID Contract Number AID-OAA-I-13-0035 / AID-182-TO-16-00001 Submitted to: USAID/Albania on January 18, 2018 Contractor: East-West Management Institute, Inc. Disclaimer This report is made possible by the support of the American People through the United States Agency for International Development (USAID). The contents of this report are the sole responsibility of the East- West Management Institute and do not necessarily reflect the views of USAID or the United States Government. 2 CONTENTS INTRODUCTION 2 COMPONENT 1: STREAMLINED, EXPEDITIOUS AND TRANSPARENT COURT PROCEEDINGS 3 EXPECTED RESULT 1.1: COURTS PERFORM THEIR FUNCTIONS MORE EFFICIENTLY, AVOIDING UNPRODUCTIVE HEARINGS AND UNNECESSARY DELAYS. 3 EXPECTED RESULT 1.2: COURT SESSIONS TAKE PLACE IN COURTROOMS WHERE THE HEARINGS ARE VERBATIM RECORDED AND ARE OPEN TO THE PUBLIC. 7 EXPECTED RESULT 1.3: PUBLIC HAS EASY ACCESS TO THE COURTS 9 EXPECTED RESULT 1.4: JUDICIAL LEADERSHIP IS STRENGTHENED AND UNDERTAKES AN ACTIVE ROLE IN THE JUDICIAL REFORM PROCESS. 10 COMPONENT 3: INVESTIGATIVE JOURNALISM 20 EXPECTED RESULT 3.1: CORRUPTION & OTHER ECONOMIC CRIMES BETTER EXPOSED TO THE PUBLIC 20 EXPECTED RESULT 3.2: THE QUALITY OF INVESTIGATIVE JOURNALISM IS INCREASED THROUGH THE PRODUCTION OF HIGH-QUALITY, DOCUMENTED, FACT-BASED, CROSS- BORDER, AND NATIONAL INVESTIGATIVE PUBLICATIONS 23 EXPECTED RESULT 3.3: A MORE POLITICALLY ENGAGED AND INFORMED CITIZENRY IS PROMOTED 24 EXPECTED RESULT 3.4: INDEPENDENT AND OPEN MEDIA IS STRENGTHENED 26 ANNEXES (SUBMITTED SEPARATELY) INTRODUCTION The East-West Management Institute, Inc. (EWMI) is pleased to submit the following quarterly report covering activities for the Justice for All Project (hereinafter referred to as “the Project”) for the reporting period. The following deliverables were completed during the quarter: ● Completed facilitation of the Sixth and Seventh Meetings of District Court Judges. ● Completed the Justice without Delay (JWD) Interlocutors Meeting for the District Court of Kavaja. ● Completed the JWD first implementation period data collection for the District Courts of Vlora, Fier, Berat, Tropoja and Gjirokastra. ● Completed the JWD Implementation Reports for the first six months of implementation for the District Courts of Vlora, Fier, and Berat as well as annual report for Korca. ● Completed the upgrade of the BackUPChain Software for Central Audio Recording Archive. ● Completed Memorandum of Understanding between USAID Albania, Tirana District Court and Central Judicial Archive. ● Completed one ToT on Advance Training Methods with SoM. ● Completed two joint meetings with High Judicial Council (HJC) lay members and candidate judges. ● Supported the General Meeting of Judges (GMJ) preliminary preparations phase. ● Supported the organization of the first constitutive meeting of the HJC. ● Supported the drafting process of the HJC first meetings acts. ● Supported the establishment of the Albanian Forum of Women Judges (AFWJ). ● Awarded 2nd Phase grant to Gender Alliance Development Center (GADC) for supporting Faktoje. ● Completed constituting Faktoje’s Editorial Board. ● Provided on-the-job mentoring and advice to Faktoje. ● Supported Faktoje events and participation in three media forums/conferences. ● Completed Faktoje exchange visit with Croatian fact-checking service Faktograf. ● Supported BIRN Albania to provide a training course for court and crime reporters. ● Completed one investigative journalism grant. ● Completed negotiations and signing of MOU with UK Embassy for further support to Albanian media Details concerning these activities are provided below, tracking the Project components and expected results. 4 TABLE OF ACRONYMS AC Appeal College ACQJ Albanian Center for Quality Journalism AFWJ Albanian Forum of Women Judges BIRN Balkan Investigative Reporting Network BUC BackUpChain Software CAP Court Administration Program CAPWG Court Administration Program Working Group DIMS Developing an Investigative Mindset DJUT Department of Journalism, University of Tirana DoPA Department of Public Administration GADC Gender Alliances for Development GMJ General Meeting of Judges HC High Court HCJ High Council of Justice (old) HJC High Judicial Council (new) HJI High Justice Inspectorate HPC High Prosecutorial Council IDRA Institute for Development Research and Alternatives IMA International Media Adviser IMO International Monitoring Organization IQC Independent Qualification Commission (vetting panels) IT Information Technology JAC Justice Appointment Council JBAO Judicial Budget Administration Office JWD Justice Without Delays MOF Ministry of Finance MOJ Ministry of Justice MPRO Media and Public Relations Officer NCSS National Center for Social Studies PC Public Commissioners SCI Social Contract Institute SoM School of Magistrates 6 COMPONENT 1: STREAMLINED, EXPEDITIOUS AND TRANSPARENT COURT PROCEEDINGS EXPECTED RESULT 1.1: COURTS PERFORM THEIR FUNCTIONS MORE EFFICIENTLY, AVOIDING UNPRODUCTIVE HEARINGS AND UNNECESSARY DELAYS. STOCKTAKING ASSESSMENT OF JWD COURTS During this quarter, the Project collected data for the preparation of the first implementation reports in the district courts of Vlora, Fier, Berat and Gjirokastra. The project created a calendar of data collection activities for the first and second year of the implementation of JWD in the courts of Tropoja and Durres, with the data having been collected for Tropoja; data for Durres will be collected early next quarter. The first six-month implementation reports for Vlora, Fier and Berat District Courts were completed and are attached as Annex 1A. In Vlora District Court, the implementation report comparing the results of the baseline and implementation for criminal and civil cases reflects strong improvements by reducing the average length of proceedings and increasing the productivity of hearings, although the court did not manage to reach all the goals set in its action plan – see below for the results in civil cases. The findings in criminal cases under the New Procedure Code show that 85% of the hearings are productive. The Project in collaboration with the court will establish follow up actions in order to assist the court to reach the established goals. Implementation Report Results for Vlora District Implementation Report Results for Vlora District Court Court Fier District Court managed to reach and partly surpass the goals set in its action plan by reducing the average length of proceedings and increasing the productivity of hearings. Defendants and their representatives as well as the prosecutors were the main actors causing hearing postponements during the implementation period. The findings from the criminal cases under the New Procedure Code show that 84% of the hearings are productive and the results for civil proceedings can be seen below. The Project in collaboration with the court will establish follow up actions in order to assist the court to reach the established goals. Implementation Report Results for Fier District Implementation Report Results for Fier District Court Court In Berat District Court the goals set in the action plan were reached and surpassed for both criminal and civil cases. Civil case results are noted below. Implementation Report Results for Berat District Implementation Report Results for Berat District Court Court After the finalization of the reports for Tirana District Court, the Project and its partner, OSCE, met with the Chief Judge and Chancellor to discuss results and further steps to assist the court in achieving its goals. The organizations agreed to hold a joint meeting early next quarter between the Chief Judge and the Head of the Tirana Prosecution Office to discuss the role of prosecutors in efficient court hearings and how to improve the current situation in view of the recent criminal procedure amendments. Tirana court judges will participate in the regional round table on the procedural law changes organized under the JWD initiative early next quarter. The Chief Judge of Tirana District Court will serve as an expert of the Magistrates School in this event. The second year implementation report for Korca analyzing cases adjudicated in 2016 was completed and is attached as Annex 1A. 8 In Korca District Court, findings show that the initiative has been sustained throughout 2016, and the court continued to reduce the length of proceedings and increase the productivity of hearings. Annual Implementation Results for Korca District Annual Implementation Results for Korca District Court Court Annual Implementation reports have been drafted and are currently under review for Kukes, Korca (cases adjudicated in 2017) and Puka and Kruja (cases adjudicated in 2016 and 2017) and will be finalized next quarter. IMPLEMENTATION OF JWD IN ADDITIONAL COURTS During this quarter, the initial six months implementation of JWD continued in the District Courts of Gjirokastra, Lushnja, Përmet and Saranda. The Assistants to the Chief Judges of Korca, Durres, Lezha, Kavaja, Vlora and Kurbin concluded this quarter their work in their respective courts. Gjirokastra District Court completed implementation of the first six months of JWD during this quarter. The court clerk submitted her third and last report summarizing the length of the proceedings and the reasons for postponements, as well as active measures taken by the court. Some of
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