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DIGNITY: Danish Institute Against Torture

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10 Novembre 2021 Il y a 2 years

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Détails de l'opportunité

Call for consultant: Researcher required for a study on policing in Tunisia

 

DIGNITY is looking for a skilled consultant researcher to conduct a study on policing in Tunisia, and specifically the application of the legal safeguards against torture as provided for under Article 113(bis) of the Tunisian Criminal Procedure Code (also known as Law No. 5 of 2016) as well as the investigative practices of Tunisian judicial police and their adherence with international human rights standards. 

 

About DIGNITY 

DIGNITY is an independent nongovernmental anti-torture organization founded in 1982 in Denmark. DIGNITY is present in more than 20 partner countries with almost forty years of experience in the rehabilitation of torture and organized violence survivors, in the prevention of torture and in the prevention of urban violence. 

 

In January 2012, DIGNITY opened an office in Tunisia to coordinate an extensive support program for Tunisian stakeholders (Ministry of Justice and Civil Society) through cooperation partnerships around torture prevention, the rehabilitation of survivors as well as urban violence prevention. 

 

DIGNITY is working towards establishing a world without torture where no one is subject to torture or other forms of inhumane and degrading treatment and, where torture practices no longer continue to affect survivors and their families. 

 

Assignment: Exploring the role of police in preventing torture in Tunisia: Legal Safeguards and Investigation Methods

 

Background: 

Many police officers continue to impede the exercise of safeguards and some officers continue to ill-treat persons in their custody, cf. UNTB reports on Tunisia.  To overcome this deficiency, DIGNITY and its partners have held consultations with the national police, lawyers, prosecutors, judges (through MoJ) and prison health staff in order to identify the best formula by which the national justice actors can each contribute to strengthening the protection against police ill-treatment.  

It is the shared experience of DIGNITY and its partners that the first hours of police custody are a high-risk period for torture and ill-treatment. International monitoring mechanisms and scientific research  have demonstrated that one of the most effective ways of preventing torture in police custody is the effective implementation of three basic safeguards: the right to a lawyer, the right to a medical examination and the right to have one’s detention notified to a family member/third person. These safeguards also serve to document instances of torture, enable victims to submit well-founded complaints and enhance accountability. The risk of torture is particularly high during the police interrogation. Decades of research on policing have shown that confession-oriented interrogation creates an incentive to ill-treat suspects and witnesses.  In contrast, by introducing non-coercive investigative interviewing methodology, reliance on confessions diminish and by dismissing forced confessions, the risk of torture is significantly reduced. Such a shift is best documented when suspects are discharged from police custody and admitted to pre-trial detention where they undergo an initial medical examination and where any ill-treatment inflicted in police custody is detected and documented by health staff.

 

  • Objective

This study will serve to create a mapping of the various actors and interventions underway aimed at reinforcing implementation of legal safeguards in Tunisia, as well as the main challenges that stand in the way of their effective implementation. Furthermore, the study will examine the current methodologies and practices used by the Tunisian judicial police in their investigations, with a focus on the challenges and circumstances that can contribute to perpetration of torture or ill-treatment. The study is intended to guide future DIGNITY strategies in relation to the development of interventions aimed at enhancing the implementation of legal safeguards and building capacity for effective interviewing methodologies within the Tunisian judicial police.  

 

  • Scope of work 

The study will be in 2 parts: 

  1. Implementation of legal safeguards: An etat des lieux, including
    1. A desk review of the various studies, assessments and analyses regarding the implementation of the legal safeguards provided for under Law No. 5; 
    2. Mapping of actors and interventions working with Tunisian state authorities on implementation of the legal safeguards provided for under Law No. 5
    3. Identification of key challenges, gaps and opportunities with regard to implementation of the legal safeguards provided for under Law No. 5 (based on mapping and desk review) and recommendations for DIGNITY interventions.
  2. Human rights in policing: A focus on investigation techniques
    1. A desk review of any literature on the current status of policing in Tunisia, including an examination of the current police academy curriculum; 
    2. Mapping of actors and interventions working with the Ministry of Interior on building the human rights capacity and compliance of the Tunisian police ; 
    3. An accounting and analysis of the current investigative practices and methodologies employed by the Tunisian judicial police. 

The methodology will include: 

PART 1: 

  • Desk review; 
  • Interviews with 10-15 external actors working towards implementation of Law No. 5 (including LTDH, ASF, ILF, OCTT, INPT, EU, COE,  among others to be identified jointly with DIGNITY); 
  • Interviews with 10-15 key State actors relevant for the implementation of Law No. 5 (including Ministry of Justice, judges, prosecutors, Ministry of Interior, high level police officials and police officials working in places of police custody); 

 

PART 2:

  • Desk review; 
  • Interviews with 5-10 external actors working with the Ministry of Interior on building the human rights capacity of the Tunisian police ; 
  • Interviews with relevant Ministry of Interior officials (including head of human rights department; head of police academies; head of investigation unit); 
  • Interviews with 15 current and former members of the judicial police regarding investigative practices.
  • Interviews with 15 prosecutors and juges d’instructions.

 

Interviews will be based on a semi-structured interview guide developed in collaboration between the consultant and DIGNITY. Interviewees will be guaranteed anonymity.

All interviews will be recorded, transcribed and analyzed (with input to the analysis provided by DIGNITY)

 

  • Qualifications and Experience

– M.A. or Ph.D. in Social Science, Political Science, Human Rights, Conflict studies or a related field. 

– Demonstrated experience in research and consultancy with NGOs in Tunisia 

– Proven experience of research and analysis of police/security forces or other related themes in Tunisia. 

 

  • Key Skills

– Fluency (written and spoken) in French, Arabic and preferably English.  

– Demonstrated ability to conduct research in complex and conflictual environments and on highly politicized topics. 

– Demonstrated knowledge and skills in Microsoft Office Suite (other technical abilities an advantage). 

– Demonstrated analytical skills, particularly in stakeholder analysis. 

– Demonstrated ability to work in an international, multi-cultural and professional environment. 

– Demonstrated organizational skills and ability to achieve results in a timely manner and meet deadlines 

– Self-motivated, flexible, creative, and ability to work independently. 

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