Implemented projects “Solutions for an incorruptible justice”

“Solutions for an incorruptible justice”

The low level of society trust in justice and quasi-general perception of corruption advanced level in justice sector, according to Justice Sector Reform Strategy for 2011-2016 (hereinafter - JSRS), are some of the determinant factors of the reforms in justice sector.

The citizens trust level in justice is considered as a litmus paper that reflects the society mood and its attitude towards justice. The most alarming conclusion was made by Public Policies Institute in May 2011 when it was established that only 1% of questioned citizens answered that they fully trust in justice, while 42% affirmed that they do not have any trust in justice.

Prevention and combating corruption in judicial system represent the priority objectives in reforming the system. In fact, one of the expected results of the JSRS is an equitable justice sector, qualitative, with zero tolerance towards corruption that would ensure the state durable development and would meet the individuals’ needs. Or corruption in justice affects the most important social values, giving the fact that judicial system is precisely designed to ensure the rule of law respecting, an indispensable requirement for state of law.

Project Goal: The Project’s Goal is tosupport authorities’ efforts related to enhancing the integrity of justice sector. 

Project Objectives: The Project’s Objectives are:

  • to research and prepare a study and recommendations on the tools and strategies that are available and might be used effectively to prevent and uncover corrupt behavior within the justice sector;
  • to research and prepare a study on the efficacy of voluntary polygraph testing of justice sector officials in uncovering and curbing corrupt practices.

Activities:

Activity no. 1: Study on Tools and Strategies to Prevent and Combat Corrupt Practices in Justice Sector

  • Analysis of the existing strategies and tools, both legal and practical, that are now being used to prevent and combat corruption in the justice sector, with a special focus on evaluating the effectiveness of those tools and strategies in uncovering, preventing and discouraging acts of corruption;
  • Analysis of the changes to the legal and institutional framework needed to create the laws and practices necessary to strengthen efforts for preventing, discouraging and uncovering corrupt behavior within the justice system and to evaluate the risks and costs of implementing such tools;
  • Preparing of an comprehensive study summarizing in detail the results of the above analysis;
  • Formulating of specific recommendations for the development and implementation of tools and strategies designed to strengthen the fight against corruption in the justice sector, consistent with the results set forth in the study and with international best practice;
  • Development of a methodology to monitor the impact of the new instruments and strategies recommended and to determine whether and to what degree these initiatives are effective in preventing, discouraging and uncovering corrupt behavior within the justice sector;
  • Organization of a public roundtable to present the study’s findings and recommendations;
  • Assisting in the development of amendments and draft laws for implementing the formulated recommendations.  
Activity no. 2: Study on Voluntary Polygraph Testing of Justice Sector Officials
  •  Analysis of the possible effectiveness of a voluntary polygraph testing program targeting justice sector officials in preventing or uncovering corrupt practices, focusing on the strengths, weaknesses and risks of such a program and calculating costs associated with introducing such a program. The analysis will also examine various methods of administering such tests, as a condition of employment, as a prerequisite for promotion, on a regular schedule or in an irregular and unannounced basis;
  • Analysis of the best practices and experience in other countries that have adopted a polygraph testing of justice sector officials recently implemented in Eastern and Central European countries, focusing on how those programs are administrated, risks encountered, and results achieved;
  • Developing a study summarizing the analysis above;
  • Developing of recommendations based on that study regarding the implementation of a voluntary polygraph testing program for justice sector officials, focusing on strategies in administering the program to maximize its effectiveness in discouraging and uncovering corrupt practices;
  • Organization of a public roundtable to present the study’s findings and recommendations;
  •  Assisting in the development of amendments and draft laws aimed at implementing the recommendations.

This project is funded by the Embassy of the United States of America in Moldova