Criminal Assets and Forfeiture Consultant

Counter-Terrorism Academic Curriculum (CTAC)

The IIJ Academic Unit has developed an innovative and ground-breaking Counter-Terrorism Academic Curriculum (CTAC). The CTAC is an in-person course designed for investigators, prosecutors and examining judges to build their capacity on terrorism-specific issues as well as the knowledge and skills for successfully investigating and prosecuting terrorism-related cases.

This in-person, two-week course focuses on participant-based learning which directly involves the participant in the learning process and includes a simulated investigation and prosecution, as well as interspersed lectures or discussions to build the following core skills:

• How to effectively move from confession-led to intelligence-led investigations
• Improved drafting and advocacy skills to present evidence and legal arguments
• Understanding the significance of protecting human rights to deliver successful prosecutions in their own jurisdictions

The CTAC will be offered to mid-level practitioners in Africa, the Middle East and Southeast Asia in English, French and Arabic.

CONSULTANCY POSITION

The Consultant is expected to create the assigned CTAC learning module on Criminal Assets and Forfeiture in Terrorism-Related Proceedings (relatable to various legal contexts – i.e. common, civil, religious, hybrid) in preparation for pilot CTAC courses for mid-level practitioners (investigators, prosecutors and examining judges) to be delivered by the Academic Unit beginning in January 2022. The Consultant will also be expected to review and provide feedback on the Practical Exercise which will be provided to the attendees.

The half-day module on Criminal Assets and Forfeiture in Terrorism-Related Proceedings will focus on applying good practices from the following GCTF memoranda: Valletta Recommendations Relating to Contributions by Parliamentarians In Developing an Effective Response to Terrorism (Recommendation 5); and Addendum to The Hague Good Practices on the Nexus between Transnational Organized Crime and Terrorism: Focus on Criminal Justice including, inter alia, Good Practices 13, 14, 17 & 22. The module should also integrate relevant actions called for in UN Security Council Resolutions 1267 (1999) and 1373 (2001). The module should prepare participants to develop a contextually relevant, global and coherent strategy to strengthen the use of criminal confiscation and, where possible and ensuring the protection of human rights, upon-conviction-based asset freezing and confiscation. The module will highlight why the collection and storage of evidence gathered from the examination of the assets of suspects and their potential accomplices or affiliates, including the freezing, seizure and confiscation of criminal assets in court, must be reliable and in line with human rights principles. By the end of the module, investigators, prosecutors and examining judges should be prepared to systematically incorporate a property and criminal assets freezing and seizure component in terrorist investigations and prosecutions.

Key Tasks and Deliverables

The module is to include a workbook section, lecture notes/facilitator’s guide, background readings and a quiz with suggested answers. A case study, organised and filmed by the Academic Unit, will be incorporated as they are available.

The module is to be structured as follows:

Module: Criminal Assets and Forfeiture in Terrorism-Related Proceedings (half day) Introduction to the freezing, seizure and confiscation of criminal assets and their relation to terrorism-relating proceedings.A brief typology of valid assets in terrorism investigations. The procedure for freezing and seizing criminal assets in terrorism investigations and prosecutions including through international judicial cooperation (to include both administrative seizure and judicial seizure). The procedure for preserving and preparing for the confiscation of assets in terrorist proceedings: the disposition of the seized property; its management during the investigation phase (including the pre-trial phase); the legal basis for confiscation at the hearing; the fate of the confiscated property, including its allocation to the investigative services (if applicable).Elaboration of useful frameworks and any useful sample documents for investigators, prosecutors and judges.Presentation of relevant case studies on seizure and confiscation of criminal assets in terrorist investigations.

Case Study on Forensic Analysis

Quiz on Forensic Analysis

The prepared modules should be engaging, with introductory/warm-up activities, discussion topics, and small activities interspersed throughout. They should reflect the good practices found in GCTF and UN documents, and IIJ publications.

Developing the learning module will include the following two tasks:

1. Prepare the Module for the Participant Workbook, including relevant Background Readings (three days)
2. Prepare Facilitation Materials such as lecture notes, a PowerPoint presentation, and a recorded video lecturette (two days)

TIMEFRAME FOR PRODUCT DELIVERY

All learning materials must be submitted in draft form by 20 December 2021.

Following feedback, all final learning materials must be submitted by 10 January 2021.

The recorded video lecturette must be submitted in their final versions by 15 January 2022.

CONSULTANT CRITERIA  & QUALIFICATIONS

The design and delivery of state-of-the-art courses necessitates a sophisticated understanding of the changing landscape of terrorism and the associated criminal justice challenges facing practitioners within the IIJ’s geographic focus regions. The ideal candidate will have strong practitioner-related experience in criminal law that can be directly leveraged to enrich the learning experience of the participating practitioners.

The candidate should demonstrate a criminal-legal practitioner background (i.e. prosecutor, judge, investigator, defence attorney/counsel) with a counter-terrorism focus, and also have demonstrable criminal-justice-related teaching experience, including designing and executing complex, multi-method courses (e.g. a practitioner turned academic).

The candidate should demonstrate an appreciation for the nuances of varying legal systems (i.e. common, civil, religious, hybrid) in the counter-terrorism context, as the Unit’s participants will have diverse backgrounds in this regard.

Qualifications

• Expertise in criminal assets and the seizure, forfeiture and disposition of criminally derived property through judicial and/or administrative proceedings.
• Experience in the designing and delivery of immersive courses on criminal prosecutions, whether that be developing a whole programme of work or shaping existing programmes – preferably terrorism-related.
• Experience in drafting training curricula and developing training courses for different types of justice sector actors involved in the investigation and/or prosecution of terrorist cases.
• Experience in counter-terrorism prosecutions and/or investigations.
• Experience of working internationally with other law enforcement/criminal justice organisations, including at a policy level.
• Experience of delivering capacity-building projects overseas as well as a familiarity with IIJ beneficiary countries.
• Excellent drafting skills in English and/or French.
• Strong conceptual thinking and analytical skills.
• Successful proven organisational and prioritisation skills.
• The ability to exercise good judgement and discretion at all times.
• Efficient in observing deadlines and achieving results in accordance with qualitative and quantitative parameters.

Deadline for Applications

All interested applicants meeting the above stated criteria and qualifications should submit a cover letter and resume/CV by 8 December 2021 to the IIJ Executive Secretariat at HR@THEIIJ.ORG clearly stating “CRIMINAL ASSETS AND FORFEITURE CONSULTANT AU2021” in the subject line.