Consultant (Legal Expert)
TRAFFIC INTERNATIONAL
Remote
Full-time
Listed today
TRAFFIC CENTRAL AFRICA PROGRAMME OFFICE c/o IUCN Cameroon Programme P.O. Box 5506 Yaoundé, Cameroon +237 242 06 74 09 tcaf@traffic.org traffic.org P.O. Box 5506 Yaoundé, Cameroon +237 242 06 74 09 tcaf@traffic.org traffic.org TERMS OF REFERENCE Recruitment of a Consultant (Legal Expert) to Develop Policy Guidelines on the ‘Code de Procédure Pénale’ for Public Prosecutors in wildlife / environmental cases EU GUARD Wildlife in Cameroon Activity: 2.2.1 1. Introduction and Background In many jurisdictions operating under the French Civil Law tradition, public prosecutors hold significant discretion in choosing the appropriate procedural path to bring a suspect before a court. The Code de Procédure Pénale (CPP) offers several options, notably referral to an Investigative Judge (Juge d'Instruction) for complex or serious matters, and the Flagrant Delito Procedure (Procédure de Flagrant Délit) for cases involving an offence witnessed in the act or immediately thereafter. There is a recognized operational tendency within the Public Prosecution Service to over-rely on the expedited flagrant délit procedure, even when cases present complex elements, require detailed forensic analysis, or involve organized crime. This practice can limit the depth of judicial inquiry, potentially infringe on the rights of the accused, and compromise the quality of evidence presented in court, thereby shifting the investigative burden inappropriately onto the trial phase. The current assignment, which will be targeting the wildlife/environmental cases, aims to address this imbalance by providing comprehensive, evidence-based policy guidelines to assist prosecutors in making legally sound, context-specific decisions regarding case referral, thereby ensuring the correct and effective application of the CPP. 2. Objectives of the Consultancy The primary objective of this consultancy is to develop a comprehensive set of policy guidelines in wildlife/environmental cases that: 1. Provide clear, practical criteria for Public Prosecutors to distinguish between cases appropriate for the flagrant délit procedure and those necessitating referral to an Investigative Judge. 2. Reinforce the role of the Investigative Judge as the primary avenue for handling complex, financial, or large-scale criminal investigations. 3. Promote adherence to the principles of due process, fairness, and efficient resource allocation within the judicial system. 3. Scope of Work and Methodology With reference to the wildlife/environmental cases, the selected consultant shall undertake the following tasks: Working to ensure that trade in wild species is legal and sustainable, for the benefit of the planet and people TRAFFIC International is a UK Registered Charity No. 1076722, Registered Limited Company No. 3785518 TRAFFIC CENTRAL AFRICA PROGRAMME OFFICE c/o IUCN Cameroon Programme P.O. Box 5506 Yaoundé, Cameroon +237 242 06 74 09 tcaf@traffic.org traffic.org P.O. Box 5506 Yaoundé, Cameroon +237 242 06 74 09 tcaf@traffic.org traffic.org Task 3.1: Legal and Operational Review • Conduct a comprehensive review of the relevant articles of the Code de Procédure Pénale pertaining to flagrant délit (e.g., Articles 53-73) and judicial instruction (e.g., Articles 79-190). • Analyze existing judicial jurisprudence and established best practices concerning the demarcation between these two procedures, including case law where the use of flagrant délit has been successfully challenged. • Interview key stakeholders, including Public Prosecutors, Investigative Judges, defence lawyers, and senior Ministry of Justice officials, to identify current bottlenecks, common misapplications, and practical challenges in case referral. Task 3.2: Drafting of Policy Guidelines • Develop a structured policy guideline document that is clear, concise, and operational for use by all levels of prosecutors. • The guidelines must include: o Decision Tree/Checklist: A practical tool to help prosecutors screen cases based on objective criteria (e.g., severity of penalty, complexity of facts, need for specialized expertise like financial audits or digital forensics, number of accused). o o Justification Requirements: Templates and procedures requiring prosecutors to clearly document and justify their decision to proceed with flagrant délit over judicial instruction. Internal Quality Control: Recommendations for internal review mechanisms to monitor compliance with the new policy. Task 3.3: Validation and Finalization • Present the Draft Policy Guidelines in a validation workshop with the identified stakeholders. • Incorporate feedback from the workshop and the steering committee into the final document. 4. Expected Deliverables The consultant is expected to deliver the following outputs: No. Deliverable 1. list of Inception Report: Detailed work plan, methodology, stakeholders for consultation and initial findings from the legal review. Draft Policy Guidelines: Complete draft document, including the practical decision tree/checklist (as outlined in Task 3.2). Validation Workshop Report: Summary of discussions, key feedback received, and proposed revisions for the final document. Final Policy Guidelines on Case Referral: Final, high-quality, print- ready document incorporating all revisions. 2. 3. 4. Due Date (Suggestive) Within 7 calendar days of contract signing Within 15 calendar days of contract signing Within 25 calendar days of contract signing Within 30 calendar days of contract signing Working to ensure that trade in wild species is legal and sustainable, for the benefit of the planet and people TRAFFIC International is a UK Registered Charity No. 1076722, Registered Limited Company No. 3785518 TRAFFIC CENTRAL AFRICA PROGRAMME OFFICE c/o IUCN Cameroon Programme P.O. Box 5506 Yaoundé, Cameroon +237 242 06 74 09 tcaf@traffic.org traffic.org P.O. Box 5506 Yaoundé, Cameroon +237 242 06 74 09 tcaf@traffic.org traffic.org 5. Duration of the Assignment The total duration of the assignment is estimated at 30 calendar days from the contract signing date. 6. Consultant Qualifications The consultant (individual or team leader) must possess the following minimum qualifications: • Education: Advanced University Degree (Master's or equivalent) in Law, Criminal Justice, or a related field. • Professional Experience: Minimum of 10 years of professional experience working in or closely with judicial institutions, public prosecution services, or academic research focused on criminal procedure. Experience of work in the wildlife and environmental context is an asset. • Legal Expertise: Deep, verifiable knowledge and understanding of the French Civil Law system and the specific provisions of the Code de Procédure Pénale (CPP). • Language: Fluency in the official language of the jurisdiction (presumed to be French). Excellent drafting and report-writing skills are essential. • Analytical Skills: Proven ability to conduct high-level legal analysis and translate complex legal concepts into clear, practical policy tools. 7. Application Send your written application to the TRAFFIC INL Project Manager Eno Nku Manasseh at the email address below. Please submit your application as a single PDF file consisting of the following sections: • Cover letter summarizing relevant knowledge, skills, experience, and motivation for applying, approach to the work, time availability and budget. • CV • Contact details of three professional references. 8. Deadline 2 weeks after the publication of the tender. E-mail: tcaf@traffic.org Working to ensure that trade in wild species is legal and sustainable, for the benefit of the planet and people TRAFFIC International is a UK Registered Charity No. 1076722, Registered Limited Company No. 3785518