Legal Detention Consultant (Protection & Rule of Law Program)
Introduction & Background
The protection environment in Iraq remains challenging, with persons of concern facing varied protection risks exacerbated by their protracted displacement. Newly displaced Iraqis, as well as those who were formerly displaced, often lack access to critical documentation, basic social services, legal assistance and key information about their civil rights. The IRC's Protection and Rule of Law (PRoL) Team in Iraq works to safeguard the human rights and wellbeing of those most affected.
In response to the high prevalence of arbitrary detention, there is a significant imperative to develop a suitable targeted response of legal assistance and direct representation for the detainees and people at high risk of detention for terrorism related offenses. The IRC legal and detention program has been a priority protection sector in Iraq, and we are committed to strengthening our efforts. As such, IRC Iraq has dedicated resources to fund a full-time Legal Detention Consultant. The overall aim of this three month consultancy is to provide legal technical support and guidance to the re-starting of our detention programming as a pilot in Anbar and Kirkuk.
Direct Supervision: Directly reports to the IRC Protection Coordinator.
Direct Reports: Five detention lawyers in Kirkuk and Anbar.
Close working relationship with: IRC Legal Team Leader and IRC lawyers.
Close collaboration with: Judicial and Legal Sector governmental staff in Kirkuk and Anbar. Legal and Protection national and international NGOs.
Core Consulting Tasks
IRC is seeking to hire a consultant to support in the implementation and quality oversight of our pilot detention programming in Anbar and Kirkuk. A core component of this work will be to ensure a number of mitigation measures are put in place to be consistent with IRC’s Mandate, and to ensure program quality, ongoing efficacy, and impact of the work of the detention team.
Deliverable # 1:
Mitigation measures are put in place, monitored and adjusted accordingly so the IRC detention programming in Iraq can function safely and achieve impact (access to rights) without staff having to resort to risk measures. The Consultancy should specifically:
Directly manage and oversee work of five detention lawyers, monitoring quality of work and adherence to IRC Legal Assistance and Detention SoPs including code of conduct of lawyers.
Monitor due diligence when selecting cases through the applicability of the eligibility criteria as outlined in the SoP.
Capacity build/coach detention lawyers on best approach for safety, confidentiality and do no harm approach for detention clients
Lead on meetings between senior management staff and judicial officials, prison officials, court investigators, etc, to sensitize them to the work of IRC and the eligibility criteria. Facilitation letters obtained from the High Criminal Court in Baghdad for IRC lawyers to represent such clients should be obtained.
- Facilitate regular contact with security focal points and monitor events affecting representation of such clients
- Oversee information management of detention pilot program, specifically ensuring detention lawyers upload cases to Commcare database in an adequate and timely manner, checking quality of information and approach from opening of cases to closure, and advising on corrective measures if applicable.
- Oversee budget management, ensuring detention lawyers abide by all IRC financial procedures.
- Conduct a monthly satisfaction survey with clients and/or their family members, analysis data and recommend course correction as necessary.
- Ensure satisfaction surveys for detention cases included in regular M&E processes
- Technical support and guidance where requested and needed to achieve these actions.
Deliverable # 2:
Technically identify areas for improvement, how to increase impact and potential broader legal sector reform to strengthen the right to a fair trial.
Regularly review progress of successful cases during the pilot, mitigation of risk factors and ensure implementation of course correction
On conclusion of consultancy, outline recommendations for continuing implementation of detention programming in the future
Review and recommend potential strategic programming for legal sector strengthening.
Overall Consultant Requirements:
The Legal Detention Consultant will have a strong technical understanding of Legal Judicial Processes in Iraq, preferably having work experience in related detention cases. (S)he will understand Legal Humanitarian Programming and be able to take on and support the implementation of activities prioritized under the detention programming pilot. (S)he will recommend course correction when necessary to ensure program quality and impact of IRC detention work in Iraq.
Qualification & Requirements:
- Law Master’s and/or Bachelor Degree
- At least three years of prior professional experience as a practicing lawyer or in a position where legal advice, counseling and assistance was frequently provided to vulnerable clients.
- Strong knowledge in International Law (Refugee law, Human Rights, IHL)
- Good protection background and knowledge of IDP context
- Experience working on detention cases in the Iraq context strongly preferred
- Knowledge of Arabic essential
- Excellent drafting and oral communication skills in English
- Strong interpersonal, intercultural and communication skills
- Demonstrated analytical skills and report writing experience required
- Willingness to travel internally in Iraq 60%
The Consultant will be hired for period of 3 months, to be based in Ramadi. Regular travel is required to Kirkuk and Anbar where the detention programming is being implemented. The consultant will work based on the agreed upon dates/days and deliverables.