Criminal Justice Reform

Brussels, 18 June 2013

Katarina MOTOSKOVA

DEVCO B1 –Governace Democracy Human Rights and GenderEuropeAid Development and Co-operation Directorate General

European Commission

Contents:

- a short portrait of the criminal justice: what, who, how?

- most common problems encountered

- examples from the field

What are the key functions of Justice Sector?

Overview of functions of justice sector

STABLE AND PEACEFUL SOCIETY

STABLE AND PEACEFUL SOCIETY

JUSTICE SECTOR INSTITUTIONS (FORMAL AND

TRADITIONAL)

JUSTICE SECTOR INSTITUTIONS (FORMAL AND

TRADITIONAL)

PEOPLEPEOPLE

DISPUTE RESOLUTION

DISPUTE RESOLUTION

CRIMINAL JUSTICE AND

ENFORCEMENT OF THE LAW

CRIMINAL JUSTICE AND

ENFORCEMENT OF THE LAW

PROTECTION OF CITIZEN

RIGHTS VIS-A-VIS STATE

PROTECTION OF CITIZEN

RIGHTS VIS-A-VIS STATE

ACCOUNTABILITY AND

OVERSIGHT MECHANISMS

ACCOUNTABILITY AND

OVERSIGHT MECHANISMS

RULE OF LAW

The criminal justice chain in practice: the case of Haiti

Victim (Theo)Victim (Theo)

Pre-trial detentionPre-trial

detention

Prosecutors’ investigationProsecutors’ investigation

Police investigatio

n (preliminary)

Police investigatio

n (preliminary)

Arrest of EmmanuelArrest of

Emmanuel

Crime reported at

police station

Crime reported at

police station

ImprisonmentImprisonment

Court trialCourt trial

ReparationsReparations

Access to

justice

Witness protection

Emmanuel commits

crime

Emmanuel commits

crime

Investigative Judge

Investigative Judge

Justice institutions and criminal justice

What are the key components of the Criminal Justice?

Components of the Criminal Justice System

CorrectionsLaw

enfoncementProsecution Judiciary

What are the possible entry points for the Criminal Justice Reform?

Reform of the criminal justice system

Ways to improve the efficiency of the criminal justice chain (supply side):

- Reinforce links and collaborations between the actors of the criminal chain

- Potential entry points:• Investigations capacity• SOPs (e.g. case management)• Pre-trial detention• Protection of witnesses, victims,

investigators, judges• Prison conditions and security• Enforcement of Courts decisions

What are the universal problems?

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Excessive use of Pre-Trial Detention & Prison Overcrowding

• 1. Inform public opinion

• 2. Improve access to, and co-ordination within, the criminal justice system

• 3. Invest in crime prevention and crime reduction

• 4. Divert minor cases from the criminal justice system

• 5. Reduce pre-trial detention

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Excessive use of Pre-Trial Detention & Prison Overcrowding

• 6. Develop constructive alternatives to custodial sentences

• 7. Reduce sentence lengths and ensure consistent sentencing practice

• 8. Develop special arrangements for youth offenders that keep them out of prison

• 9. Treat rather than punish mentally disordered offenders and drug addicts

• 10. Ensure the system is fair to all

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Examples from the field

• Identifying and removing pre trial remandees past their pre-trial date: Cameroon

• Mobile Courts in prisons: Kenya & Ghana• Engaging with the criminal justice stakeholders: Uganda• Using diversion, bail and fines rather than pre trail detention:

Mauritius • Alternative dispute resolution as a means to decongest the prison

system: Nigeria • Alternatives to imprisonment: Botswana• Using traditional and community courts: Sierra Leone