Criminal Justice Reform Brussels, 18 June 2013 Katarina MOTOSKOVA DEVCO B1 –Governace Democracy Human Rights and Gender EuropeAid 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) PEOPLE DISPUTE RESOLUTION CRIMINAL JUSTICE AND ENFORCEMENT OF THE LAW PROTECTION OF CITIZEN RIGHTS VIS-A- VIS STATE ACCOUNTABILI TY AND OVERSIGHT MECHANISMS RULE OF LAW

The criminal justice chain in practice: the case of Haiti Victim (Theo) Pre-trial detention Prosecutors’ investigation Police investigation (preliminary) Arrest of Emmanuel Crime reported at police station Imprisonment Court trial Reparations Acces s to justice Witness protection Emmanuel commits crime Investigative Judge

Justice institutions and criminal justice

What are the key components of the Criminal Justice?

Components of the Criminal Justice System Corrections Law enfoncement ProsecutionJudiciary

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?

EuropeAid12 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

EuropeAid13 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

EuropeAid14 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