Under the overall supervision of the Chief, Implementation Support Section, Corruption and Economic Crime Branch, and the direct supervision of appropriate staff of the Section, the incumbent will perform the following substantive duties and responsibilities:
Output 1:
Develop a draft questionnaire and conduct at least 5 interviews with selected judges and prosecutors to identify training and knowledge gaps as well as good practices in the judiciary with a focus on competition manipulation cases. This group will serve as a hub to regularly connect the key judicial actors at national level who are responsible for tackling competition manipulation cases and to support their joint operational response.
In addition to the issues the Guide will focus on (see above), the focus group will look to:
• Identify best practices from competition manipulation investigations
• Gather input from practitioners on current challenges and opportunities of judicial cooperation related to competition manipulation
• Identify gaps and challenges in civil and common law jurisdictions
Output 2:
Draft an initial framework and outline of the new publication in consultation with the supervisor and appropriate staff of the Section. The draft should be between five to 10 pages in length.
Output 3:
Prepare a first draft of the new publication for initial review and incorporate feedback from UNODC and IOC. The draft should be no more than 40 pages in length. The draft should include the aforementioned issues. Wherever possible, emphasis should be placed on identifying good practices and include examples of experiences of prosecutors and references to relevant adjudicated cases. The draft should include a glossary, table of contents, boxes, tables, illustrations, references and sources in a UN format ready for editing and formatting.
Output 4:
Prepare a second draft which incorporates feedback on the first draft received from UNODC and IOC and should demonstrate strong progress towards finalization of the publication.
Output 5:
Contribute to the substantive preparation and organization of, and actively participate in, an expert group process, to review the second draft of the publication.
Output 6:
Incorporate feedback and suggestions made on the second draft deriving from the review process, and submit a third draft of the new publication, including a glossary, table of contents, boxes, tables, illustrations, references and sources in a format ready for language editing, lay-out and potential printing.
Output 7:
Develop an advanced scenario of a fictious competition manipulation case for the purpose of training criminal justice practitioners. It will serve as an Annex to the practical guide. The deliverable should be developed in an accessible, neutral and professional style while being user-friendly. The scenario should emphasize the importance of all stages of prosecution and must be developed based on modern investigation practices while catering to users in different countries and contexts.
Output 8:
Develop three comprehensive checklists for prosecutors dealing with competition manipulation cases, namely for charging, pre-trial and disposition recommendations specifically tailored to each decision outlining core provisions to be provisionally taken into consideration. These checklists should aim at encouraging greater prosecutorial thoroughness when dealing with competition manipulation cases and information collected could inform office-wide policy using the checklists to improve prosecutorial practices.
At all times, the consultant shall provide to UNODC access to intermediate products of the consultancy.
Home-based with potential missions (to Austria)
Proposed period:
June until 18 November 2022
Actual work time within this period:
43 working days
Background of the assignment:
There is growing recognition that more efforts need to be undertaken and resources devoted to addressing corruption in sport. This has been repeatedly highlighted at the international level , including through the adoption of relevant resolutions by the General Assembly, the Conference of the States Parties to the United Nations Convention against Corruption, and the Group of 20 Anti-Corruption Working Group. These set out key issues that need to be addressed to address the problem of corruption in sport, including the manipulation of sports competitions.
In order to support Governments, sports organizations and relevant stakeholders combat corruption and crime in sport, the United Nations Office on Drugs and Crime (UNODC), launched the Programme on Safeguarding Sport from Corruption and Crime . and integral part of the UNODC Global¿Programme¿to Prevent and Combat Corruption through Effective Implementation of the United Nations Convention against Corruption in Support of Sustainable Development Goal 16 (GLOZ99). A particular focus of the Programme is on addressing the manipulation of sports competitions.
This is also a key priority of the Olympic Movement. In December 2015, the Olympic Movement Code on the Prevention of the Manipulation of Competitions (OM Code PMC) that was approved by the IOC Executive Board in order to protect all competitions from the risk of manipulation. In 2017 the Olympic Movement Unit on the Prevention of the Manipulation of Sport Competitions was created within the Ethics and Compliance Office of the IOC with the aim to streamline the IOC initiatives vis à vis the threat of competition manipulation in order to further engage the Olympic Movement stakeholders (primarily International Sport Federations and National Olympic Committees) and support them in the development of relevant actions in line with the Olympic Movement Code on the Prevention of the Manipulation of Competitions.
While the vulnerability of sport to competition manipulation is increasingly understood, low rates of prosecution contribute to making the manipulation of sports competitions a high-profit, low-risk activity for those involved in this type of illicit activity.
Therefore, prosecution techniques and approaches require attention to increase the rate of successful convictions, whilst giving due attention to due process, the rights of the defendant and legal provisions in various jurisdictions.
Purpose of the assignment:
The purpose of the assignment is to develop a Practical Guide on Prosecuting Cases of the Manipulation of Sports Competitions. The guide will contribute to efforts to tackling the manipulation of sports competitions,
The main beneficiaries of the guide are those tasked with prosecuting cases involving the manipulation of sport competitions, but would also benefit law enforcement, criminal justice and anti-corruption authorities.
Issues the Guide should address include, where relevant:
• The role of the prosecutor in the investigation of competition manipulation
• Stages of the prosecution of cases involving competition manipulation
• Screening cases involving competition manipulation submitted by investigators
• Charging decisions and strategies
• Trial preparation
• Prosecution techniques and approaches to prosecute cases involving competition manipulation
• Evidence presentation, presenting testimony of victims, experts and informants
• Defence anticipation
• Post-conviction considerations
• Preparing for sentencing and potential sanctions
• Forfeiture of criminal assets
The guide will be developed in cooperation with the International Olympic Committee (IOC) and will serve as a complement to the following publications:
UNODC and IOC Legal Approaches to Tackling the Manipulation of Sports Competitions;
UNODC, IOC and INTERPOL Guide on the Investigation of the Manipulation of Sports Competitions;
Draft UNODC Practical Guide for the Investigation and Prosecution of Corruption Cases
Skills:
• Excellent communication skills, both written and oral in English, are required.
Academic Qualifications:
• Advanced university degree (master’s or equivalent) in law, criminology, political science, public administration, or a relevant discipline is required. A first level university degree in similar fields in combination with two additional years of qualifying experience may be accepted in lieu of the advanced university degree;
• Demonstrable expert knowledge of issues relating to corruption in sport, in particular the manipulation of sports competitions, is required.
Experience:
• A minimum of 10 years of progressively responsible experience as a criminal justice practitioner (prosecution) is required;
• Understanding of/experience working with sport organizations, law enforcement agency or criminal justice authority is desirable;
• Experience in prosecution of competition manipulation cases is desirable;
• Experience in drafting publications, educational or guidance material, or similar for law enforcement or criminal justice practitioners is desirable;
• Experience in conducting investigations into the manipulation of sports competitions is desirable.
Language:
• English and French are the working languages of the United Nations Secretariat. For this post, fluency in oral and written English is required. Knowledge of another official United Nations language (Arabic, Chinese, French, Russian or Spanish) is an advantage.
THE UNITED NATIONS DOES NOT CHARGE A FEE AT ANY STAGE OF THE RECRUITMENT PROCESS (APPLICATION, INTERVIEW MEETING, PROCESSING, OR TRAINING). THE UNITED NATIONS DOES NOT CONCERN ITSELF WITH INFORMATION ON APPLICANTS’ BANK ACCOUNTS.