TORS

Terms of Reference

Background:

INSAF Network Pakistan (INP) is striving to uphold the rule of law in Pakistan through policy advocacy for legal reforms, institutional capacity strengthening, awareness raising and facilitating access to justice for the poor and oppressed segments of our society, particularly women, elderly, ethnic and religious minorities. INP is implementing a project to “Protect the Right to Fair Trial and Due Process in Pakistan” at a national level. The overarching goal of the project is “To improve protection of the right to fair trial for citizens accused of crimes in Pakistan, especially religious minorities, as evidenced by improvement in the Fair Trial Index before and after program intervention”. The project adopts an inclusive approach as characterized in the following objectives.
To design and advocate for evidence-based legislative reforms in Pakistan, which define the basic guarantees for the fair trial and due process provided to the accused in criminal cases, in accordance with globally accepted standards of legal practice and requirements of national context.
Justice providers have the greater capacity to fulfill their due responsibilities for protecting the right to fair trial and due process, especially where the accused are religious minorities and women.
Ordinary citizens (especially youth) have a deeper understanding of due process, resulting in greater citizen accountability of justice providers for delivering fair trials and mobilization of support for policy reform.
The salient feature of the project is the development of an instrument (tool) that would be marked by criteria to gauge the adherence to the protection of the right to fair trial and due process in criminal cases. Such criteria would be developed in close consultation with the criminal justice service providers and stakeholders and would comprise of an agreed set of minimum guarantees necessary to ensure the fair trial and due process in Pakistan. The project would study the case information through police files, court files and interviews with the defendants and their litigants. This information would then be assessed as per the aforementioned criteria and a “Fair Trial Index (FTI)” would be developed. The FTI would elaborate a comparative quantitative analysis of adherence to the fair trial and due process throughout Pakistan.  The findings of the FTI would feed into the development of a comprehensive evidence-based FTI report that would include evidence to support policy advocacy efforts of INP for legal reforms concerning the fair trial in Pakistan.

At the same time, INP would focus on strengthening institutional capacity by capacitating the criminal justice service providers on the significance of fair trial and due process. INP would also launch the media campaign and a series of seminars with the educated youth of Universities and law colleges and sensitize them on their basic and fundamental human rights with special focus on right to fair trial and due process, in case they ever come in direct or indirect conflict with the law. INP, through this project, would capacitate the young law graduates on humanitarian aspects of the law to inculcate rights-based perspective in the dispensation of justice to the accused. The project would also lay down special emphasis on women and religious minorities in accessing fair and impartial justice in Pakistan.
The project would be implemented in five locations (Islamabad, Peshawar, Lahore, Karachi, and Quetta) across Pakistan to assess the respect and protection of the right to Fair Trial for the accused. The project would function in close coordination and consultation with the relevant stakeholders (Parliamentarians, Judiciary, Police, LEAs, Prosecution, Probation, Prison departments, Legal fraternity, Academia and Media) to assess the gaps and challenges in dispensation of justice to the needy, marginalized and vulnerable population groups (women, elderly, religious minorities) in a fair and impartial manner. The project would also seek recommendations from the relevant stakeholders; and along with the evidence gathered through FTI, would carry out policy advocacy with the parliamentarians and the lawmakers for legal reforms to improve and strengthen respect and protection of the right to fair trial and due process in Pakistan. This would be achieved by putting up a legislative bill in every assembly at national and provincial level.

Fair Trial Index:

The FTI is intended to provide methodologically rigorous, politically neutral, and policy-relevant empirics that quantify and monitor the level and scale of violations of the right to fair trial and due process for trials held under the mainstream criminal justice system (governed by the Criminal Procedure Code 1898). By developing and launching the FTI, the program seeks to provide concrete statistics to support policy advocacy and accountability efforts by civil society which aim to protect the right to fair trial and due process for those accused of crimes.  The Corruption Perceptions Index (launched by Transparency International), the Rule of Law Index (launched by the World Justice Project) or the Human Development Index (launched by the United Nations) has strengthened advocacy and activism for anticorruption, justice reform, and poverty reduction efforts. A more recent example is the way ‘Alif Ailaan’ a DFID-supported advocacy program has raised the profile of education policy discourse and added weight to their call for budgetary reform through the publication of District Education Rankings. INP seeks to emulate the success of these empirics in framing the debate on the right to fair trial and due process in Pakistan. Further, the Index will provide much-needed evidence to design legislative reforms, identify capacity gaps prevailing among justice-providers and raise awareness among ordinary citizens. The Index will collect data on 100 criminal cases (each) from Karachi and Lahore; and 50 criminal cases (each) from Quetta, Peshawar and Islamabad Capital Territory (ICT). A total of 700 cases will be studied in two iterations or as proposed by the consultant/firm. Following the 18th Amendment, criminal justice is a subject where both the federal and the provincial government may legislate, which makes it necessary to drill down to the provincial level for this assessment. A questionnaire will be used to collect data from legal documents (police and court files), as well as interviews with the litigants and their lawyers. The questionnaire will measure the extent to which the minimum guarantees for the fair trial were provided to the accused, cross-checking facts across all 3 data sources. Based on this assessment, each case will be given a score for each minimum guarantee. These scores will be aggregated at the provincial level, and then at the national level. Based on this aggregation, the program will construct an Index which may use Principal Component Analysis, Factor Analysis or other methods to reduce scores for multiple guarantees to fewer figures. The technique used will be based on consultative workshops with criminal justice stakeholders to decide how each minimum guarantee should be weighted, as well as the characteristics of the data when it is analyzed.

Assignment Description:
The assignment includes but not limited to the following sub-activities of developing the Fair Trial Index.

Development of a research design based on the report of the literature review, and findings of the consultative workshops with the criminal justice service providers;
Suggest and develop the methodology for the study
Development and pre-testing of the data collection tool;
Identification of the primary responders and sources of data;
Identify and suggest sample size.
Identify and develop indicators for developing the index;
Provide training to the data collection team on the developed tools;
The assignment also includes data entry and statistical analyses;
Data collection will be conducted by INP and Network Members, while the supervision of the process will be the responsibility of the consultant/firm.
Develop the cumulative report to document findings
Development of the national and/or provincial level Fair Trial Index;

Purpose:

The purpose of this activity is to collect the primary and secondary data of the criminal proceedings and to identify the situation concerning the Right to Fair Trial in Pakistan, on the basis of the collected data, a fair trial index will be developed to establish the on-ground situation ground related to the fair trial process.

Deliverables:

  • Develop the overall research design
  • Suggest methodology for the study
  • Identify sources of secondary data
  • Identify respondents for Primary data
  • Identify and develop indicators
  • Develop the checklist for review of secondary information
  • Develop the questionnaire for primary data collection
  • Pre-testing of the tool
  • Training of data collection team
  • Supervise data collection process
  • Develop the database for data entry
  • Conduct analyses of data collected
  • Develop the cumulative report to document findings
  • Develop the fair trial index
  • Methodology
    The primary methodology suggests that the study will involve data collection of the different cases through review of secondary data (criminal case records) and meetings with the accused and their defense lawyers. KIIs will also be conducted with different stakeholders, where needed. The detailed methodology will be developed by the consultant/firm with the collaboration and approval of the program team.

Initial meeting with the INP Field Team:

  • Initial induction by the INP team to ensure the study team is clear on the principle proposition for this exercise.
  • Sharing of the date wise plan for the whole assignment.
  • Sharing of the inception report

b) Sample Sizing: The consultant should come up with a reasonable sample size for the survey to get the real picture. The equitable proportion of the type of respondents should be ensured during the survey.

c) Tools development: Development of tools for the exercise and submission to INP for feedback/comments to make sure the required information is collected and possibly pre-testing the tools. The consultant will monitor data collection by INP and its partners. The submitted tools must be developed in light of the log frame and other secondary sources provided.

Data Collection:

  • Secondary data collection:
    The primary methodology suggests that the data should be collected of different criminal cases for review of the secondary data. The consultant will review all the necessary documents for the development of the tools, the latest updates on the project from the INP. These documents will include:
  • Final Proposal
  • Progress Reports
  • Final List of beneficiaries
  • Final LFA
  • Any other document

Primary data collection:

Key Informant Interviews with litigants and their defense lawyers. The M&E team of INP shall provide support in primary data collection at the field level. However, supervision of the process and quality assurance shall be solely managed by the consultant at all stages of the study.

Study Team:

  • The desired specifications and qualities of the team are as under:
  • The team should comprise of at least 01 core members with technical expertise in research and developing indexes.
  • The team should comprise of at least 01 core members having Post Graduate qualification in law, and having experience of the legal practice.
  • Experience of legal research and reviews are desirable.
  • Proven background in research in development projects, and in-depth knowledge of research methodologies.
  • Previous experience working in the field of criminal justice
  • Expert understanding of the criminal justice system at the national and international level
  • Familiarity with the multi-cultures in Pakistan.
  • Strong interpersonal and analytical skills.
  • Experience of effective interaction/coordination with legal fraternity, local, national organizations, government line departments, and INGOs.
  • Familiarities with the application of cross-cutting themes like gender and minorities mainstreaming, gender competence and protection and advocacy to programming.
  • Good verbal and written communication skills in English.

Time Frame:

The whole study process will take approx. 20 days to be completed. The consultant/firm shall propose an accurate timeline for the assignment in their proposals. Strict follow up of the deadline with the quality product is expected from the consultant/firm.

Reporting Lines:

The consultant shall work under the supervision and keeping strong liaison with the Program Director. The consultant will also work with the field officers of the partner organizations with input from MEAL.

Confidentiality of information: all documents and data collected will be treated as confidential and used solely to facilitate analysis. Interviewees will not be quoted in the reports without their permission.