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1. Basic Information

1.1 Title : Development of Probation Services in Turkey 1.2 Sector :

1.4 Location : Ankara-Turkey 1.5 Duration : 21 months (overall duration: 21 month, duration of activities: 18 month)

2. Objectives 2.1 Overall objective Upgrading of law enforcement bodies and the judiciary by creating a professional, effective and efficient Probation Service. 2.2 Project purpose To ensure that the Ministry of Justice is capable to plan, establish and implement an efficient Probation Service. 2.3 Accession Partnership (AP)and National Programme for the Adoption of the Acquis (NPAA) priority This project proposal addresses the areas defined in the revised Accession Partnership (AP) and the National Programme for the Adoption of the Acquis (NPAA) for Turkey’s accession to the EU, as follows:

• Accession Partnership 2003: Medium-term priorities Adopt and implement the acquis in the fields of the criminal law, protection of the euro and of the Community’s financial interests, corruption, fight against drugs, organized crime, money laundering and judicial cooperation in criminal and civil matters; further increase administrative caapcity, cooperation between the different law enforcement bodies and intensify international cooperation in these fields.

• National Programme for the Adoption of the Acquis Short-term priorities Chapter 24: Justice and Home Affairs, the NPAA refers to Judicial Co-operation in legal and criminal matters and states that co-operation and co-ordination between competent ministries and other public institutions will be enhanced. It further states that establishing a new national institution for supervising offenders and overseeing their re-socialization will also be aimed. Medium-term priorities Reduce overcrowding in prisons through the use of alternative measures and sanctions as included in the Draft Penal Code (which is currently being discussed in the Justice Commission of the Turkish Grand National Assembly). Improvements in the juvenile justice system through the drafting of a separate legislation for juveniles is also a priority.

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2.4 Contribution to National Development Plan Not applicable 2.5 Cross Border Impact Not applicable 3. Description 3.1 Background and justification In the course of progress towards accession to the European Union and in response to the obligations of the acquis of the EU and its Member States, the Turkish government, is actively following a National Programme for the Adoption of the Acquis. However the objective of the process of law approximation is to not only implement the relevant amendments to existing legislation but as importantly, to strengthen those institutions responsible for the enforcement or implementation of the new procedures and processes. This process of ‘institution building’ to enhance administrative capacity is seen as crucial in ensuring the successful transition for Turkish Institutions to the standards, norms and achievements of similar EU Member State administrations. The amended versions of the Penal Code, the Penal Procedural Code and the Penal Enforcement Code are all in draft form before the Justice Commission of the Turkish Grand National Assembly. These new codes which are a result of the current judicial reforms process in Turkey will provide the statutory framework for a range of penal measures which are humane and constructive offering community alternatives to the judicial authorities for pre-trial, post sentence and post custody supervision of offenders. These reforms represent an important part of the reform of the Turkish criminal justice system. The next step is the statutory establishment of a probation service as a state organization with the requisite legal powers to assist the judiciary and the public prosecutors in the implementation of the judicial supervision of offenders. Historically there was a probation service in Turkey but this service was not properly established, resourced or integrated into the criminal justice system and it was not used to any real effect by the judicial authorities and fell into abeyance. The system which was abolished nearly 20 years ago functioned by the signature of attendance papers in the police departments by conditionally released prisoners and by those whose sentences had been suspended by the court in regular intervals. There is no operational probation service in the current Criminal Justice System. However there is a “Care After Release Service” within the national prison administration which provides credits through state banks as well as job opportunities for prisoners after their release. As part of the Turkish Prison Reform, Directorate General of the Prisons and Detention Houses, which is under the jurisdiction of the Ministry of Justice, has decided to establish a professional probation service to provide the full range of services to the judicial authorities and to the prison service. It is intended that this probation service will be a national, state service within the jurisdiction of the Ministry of Justice and operate under the management of the Directorate General of the Prisons and Detention Houses who are the sponsors of this initiative. It is intended that the probation service shall provide the full range of professional interventions throughout the criminal justice process and to provide these services to both adults and juveniles. The key areas of interventions are to be as follows: Pre-trial The provision of objective professional information and advice to prosecutors in pre-trial cases Diversion from prosecution in appropriate cases Use of mediation using the principles and practice of restorative justice

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In appropriate cases the supervision of those released into the community with or without any condition before trial

Court cases The provision of pre-sentence reports or of social background reports to the judges prior to sentence

providing advice as to the most appropriate penalty The provision of reports to judges in cases where supervised offenders have committed offences or

breached their supervision The provision of social reports to judges in order to ensure a justified suspension prior to suspension of

sentence Post court cases The supervision of offenders within the community: Probation Order Supervision Order Supervision + electronic monitoring Community Service Drug treatment Educational measures The provision of reports to judicial authorities in cases where released offenders have committed new

offences or breached their conditions Prison cases Provision of through care, providing planning and preparation for supervised or unsupervised release

(currently this task is being performed by physiological-social service units in prisons composed of social workers and physiologists. Therefore a good cooperation should be established in between probation centers and the prison physiological-social units).

Early release under license or parole The provision of pre-release assessment reports to the judiciary concerning the early release of a

prisoner. The supervision of released prisoners in the community

The new Draft Penal Code and Draft Penal Procedural Codes allow for the greater use of alternative measures in dealing with offenders in the Turkish criminal justice system. However for these alternative measures and sanctions to be effective in reducing the rate of re-offending they have to have the confidence of the judges and public prosecutors. This can only be achieved if the measures are implemented by well trained, professional staff that is accountable under the law and to their professional ethics to carry out their duties. The establishment of a national probation service under the authority of the Ministry of Justice will ensure that these reforms are embedded into the criminal justice system and have the support of the government and of the local communities. The new probation service will be a national service organized on a regional basis with probation officers based at the Office of the Chief Public Prosecutors at the 130 Heavy Penalty Courts. The fundamental aims and objectives of the Turkish probation service will be: To supervise offenders in the community as directed by the judicial authorities To protect the community from harm by reducing the risk of re-offending To assist the victim through restorative justice processes and mediation To rehabilitate the offender through the provision of effective supervision To ensure an effective enforcement of non-custodial sentences and measures to protect the victim and

the society.

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3.2 Sectoral Rationale Not applicable 3.3 Results The outputs to be delivered and the guaranteed results achieved by this project include:

• Current legislation, regulation reviewed and redrafted as necessary. • National standards and probation service methodologies drafted. • A first generation Risk and Needs Assessment (RNA) tool developed. • A new case record and data collection system created. • Pilot model probation units established in Ankara (national) and other cities (Ankara (local) Kocaeli,

Kütahya, Denizli Nevşehir) and the operation of these pilots reviewed. • Training curriculum prepared and training by Short Time Experts from Member States delivered.

3.4 Activities In order to meet the specific objectives and to produce the results indicated in section 3.3, the project activities will address the nine main areas. These are: 3.4.1 Review of current legislation and redrafting of required regulations and legislation. Assessment of current penal code, current penal procedural codes and current penal execution codes to

identify required amendments. Providing information on examples of good practice and advice to Ministry of Justice officials on

redrafting using examples of practice from other states Ensuring legality of new codes and procedures

3.4.2 Drafting of national standards and probation service methodologies

• Drawing up procedures, standards and methodologies relating to each of the judicial measures that the probation service will take responsibility for.

Pre trial information to public prosecutors Supervision of pre-trial cases Penal mediation between victim and offender Pre- trial and pre-sentence reports for judges Probation supervision Supervision with electronic tagging Drug-alcohol treatment Community Service Through care Pre release reports Supervision of conditionally released prisoners Enforcement of all supervision cases through the courts

3.4.3 Development of a first generation Risk and Needs Assessment (RNA) tool

Assistance in the development of RNA building upon existing actuarial assessment tools in existence

in Member States. Using Short Time Expert’s (STE) to work with the Turkish experts of the Ministry of Justice in the

consideration and culturalisation of an appropriate tool Piloting the tool Training of probation and prison staff in the use of the RNA tool Design of the data collection and analysis element of the RNA process

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3.4.4 Drafting of an equal opportunities policy Equality before law is a fundamental principle of the Turkish Constitution. This principle will be applied

within the operation of the new probation service. A review of other European probation service’s equal opportunity and diversity policies will take place. One or more seminars to be held to develop the thinking and application of equal opportunities and

valuing diversity within a modern probation service. 3.4.5 Creating a new case record and data collection system • Drafting of new case record system to be used by probation officers in their supervision of offenders. Development with the appropriate authorities of the requisite legal documentation that will be required

for each of the new measures. Drafting of the standard formats for reports to public prosecutors and judges in pre-trial, court, pre-

sentence and pre release cases. 3.4.6 Establishment in Ankara (national) and other cities (Ankara (local) Kocaeli, Kütahya, Denizli Nevşehir ) pilot model probation units and review the operation of these pilots. Develop and establish the required Headquarters team that will be required to manage the new

probation service. Using the criminal justice statistics and criminological analysis of case data assess the required staffing for

each of the pilot cites and regions. Ensure the provision of appropriate office units and office equipment for each unit. Train the first generation of probation officers for these pilot areas (link with 3.4.7) Conduct seminars and briefings for the judges, public prosecutors, police, gendarmerie, prison service

staff, local authorities, social services and NGO’s in these areas. Prepare a formal review process of the pilot projects and conduct a continual assessment of each area. Provision of office equipment

3.4.7 Creation of a training curriculum and the delivery of training by Short Time Experts from Member States. Development of a new training curriculum for the new probation service using examples of best practice

from EU Member States and from associated disciplines of social work, psychology, criminology and penal practice in Turkey.

Formulate standards required for entry and qualification as a probation officer. Design draft in-service training provision Consider how the training of probation and prison officers may be allied. Design a training programme for the conversion of prison officers to the role of probation officers in

the community. Manage the delivery of the training by Short Time Experts throughout the project Judges, public prosecutors, police, gendarmerie shall be briefed about the new probation systems. Design a training the trainers programme Deliver by use of Short Time Experts a programme to train staff to become the future trainers of the

Turkish Probation Service. 3.4.8 Briefing of judges, public prosecutors, police, gendarmerie Following the changes in the criminal proceedings, criminal procedures and penal enforcement codes

and the establishment of the probation service judges, prosecutors, police and other key criminal justice personnel will need informing of the new statutory duties of the probation service and how their work is carried out.

Establishing a good collaboration between the probation officers who are working under the authority of various institutions such as police, gendarmes, judicial staff and prison staff.

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Seminars Briefing papers Materials

3.5 Linked activities There has been no previous project dealing with the work of the probation service in the Republic of Turkey. Within the area of judicial reform the following programmes are linked to this area of the management of offenders: Judicial Modernization and Penal Reform Programme, programmed to begin 2004. The Turkish government has started planning and implementing various measures on penal reform and judicial modernization. The programme will provide support to enhance these efforts in certain areas and will also seek to contribute more generally to increasing the capacity of the Ministry of Justice to design and implement broader reform strategies for the future, drawing on good practice in the EU. The overall objective is to advance penal reform and modernization of the judiciary in Turkey as foreseen in the Accession Partnership and the National Programme for the Adoption of the Acquis. The programme will be launched this year. There are also different projects proposals form beneficiaries which will be included in the 2004 programming under the political criteria. Although the components of these projects are indicative and not finalized they may be summarized as follows: Towards good governance, protection and justice for children in Turkey (2004) The programme aims to develop common strategies and implementation methods with technical support by UNICEF for the protection of children from negligence, abuse, being victims of crime and forced to commit crime. It is a continuance of the Upgrading of the Juvenile System in Turkey programme (2001-2005) again supported by UNICEF which deals with the upgrading of the Juvenile Justice System, particularly in relation to the development of a juvenile justice code, the improvements to juvenile institutions and the better functioning of juvenile courts. Support to the Establishment of the Courts of Appeal The Turkish Grand National Assembly is expected to enact a law establishing the Court of Appeal until the end of 2004. This project will support the establishment of the new Courts by contributing to the construction and equipping of court premises and ensuring the training of the approximately 1,000 judges and prosecutors of the new Court. The construction component of the project will be postponed to 2005. Improving access to justice The project shall be focused to concentrate on ways of improving access to legal aid and of ensuring that the less-educated have full access to the legal system. As part of the Access to Justice Project, the Ministry of Justice will also be developing a programme for the encrypted electronic linkage between all agencies of the justice sector. The project is likely to be postponed to 2005. The present project will complement these existing and projected programmes on judicial modernization and prison reforms. 3.6. Lessons learned The area of Probation Services has not been covered by Audit Reports in the Republic of Turkey as yet.

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However the design of this project has been greatly assisted by a long-term pre-accession adviser (PAA) currently posted in another candidate country, Czech Republic. The lessons learned in tackling with probation issues in particular through institution building based on twinning, have been incorporated into the design of this project. 4. Institutional Framework The beneficiary of this twinning project will be the Directorate General of the Prison and Detention houses of the Ministry of Justice of the Republic of Turkey. A Project Steering Committee (PSC) will be set up, consisting of the above mentioned institutions as well as representatives of the European Commission, CFCU and member states delivering the twinning inputs. The Ministry of Justice will be responsible for the provision of the necessary resources to enable the RTA to function properly. In addition to providing the twinning partner with adequate staff and other resources to operate effectively, the senior management of the beneficiary institution is expected to be involved in the development and implementation of policies and institutional change required to deliver the project results. The contact person in the Ministry of Justice is: Mr. Necati Nursal, Judge, Head of Department General Directorate of Prisons and Detention Houses Adalet Bakanligi Ceza ve Tevkif Evleri Genel Mudurlugu TR 06659 ANKARA - TURKEY Tel: 312-414 6357/4180328 Fax: 312-4251431 nnursal@adalet.gov.tr The Project consists of two related components: 1. Twinning and Training Package

2. Investment Building

4.1 Introduction/Background on the Twinning and Training Package – EURO 1.300.000 The project will be implemented in the form of a Twinning contract between Turkey and a Member State/Member States. The overall duration of the project is envisaged to be 21 months with activities to take place during 18 months. The Twinning partner(s) will manage all aspects of execution in close cooperation with the Ministry of Justice.

The Twinning partner(s) will provide a Resident Twinning Advisor (RTA) and also secure a pool of short- term experts, who will be called upon whenever necessary to contribute to the achievement of the mandatory results and especially for the purpose of advisory services and training according to the work plan that will be prepared as part of the corresponding contract.

The EU Twinning advisors will work together with the staff of the beneficiary institution under the overall direction of the beneficiary institution and the Project Steering Committee.

The EU Twinning partner will be a Member State institution directly involved in Justice and Home Affairs. Member States may also form a consortium which could result in a wide range of qualified senior experts gathered from public administrations or mandated bodies from up to two Member State, provided that national approaches can be harmonized within this consortium.

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4.1.1. Expert input:

1. PL (Project Leader):

The PL should be a high ranking official with broad knowledge of all processes in the area of the Justice and Home Affairs that the project deals with, who will continue to work at his/her Member State (MS) administration but devote, some of his/her time to conceive, supervise and co-ordinate the overall thrust of the Twinning project. The PL will allocate a minimum of 3 days per month including one visit every 3 months (more for complex projects) to Turkey as long the project lasts.

a) Qualifications:

• Broad long-term knowledge of all processes in the area of acquis that the project is dealing with;

• High-ranking official, commensurate with an operational dialogue at vice-ministerial level;

• Overall appreciation of the problems and solutions in the sector;

• Capable of unblocking any problems at highest level;

• Good leadership skills.

b) Tasks:

• Overall project co-ordination;

• Co-chairing, with the Turkish PL, the regular project implementation steering committee meetings;

• Mobilizing short- and medium term experts;

• Executing administrative issues (i.e. signing reports, administrative order etc.).

2. Resident Twinning Advisor (RTA): a) RTA background

A RTA expert on probation systems will provide advice and technical assistance to the Ministry of Justice in the development of a probation system for 18 months. He will be located at the Ministry of Justice Ankara, General Directorate of Prisons and Detention Houses- International Affairs. He/she will also work in other pilot probation centers as necessary. He/she has to be a person with significant experience as a manager and should have a capacity for initiating new projects. Experience of working outside of the home country administration would be an advantage. In addition to the short term experts, he/she will also occasionally work together with Turkish Ministry of Justice to provide inputs focused on:

- Advice to the Ministry of Justice in the design and establishment of a modern probation service together with the necessary legislative and regulatory changes that will be required under Turkish law.

- co-ordination - together with headquarters in Ankara - of the organization of training and lecturers

- facilitation of transferal of EU member states best practices and developing potential for their implementation in the new Turkish Probation Service

The RTA must be highly qualified in public affairs in general and the field of probation services in particular covered by the twinning covenant, and must possess good management skills. Experience with the operation of pre-accession programmes would be a comparative advantage. b) RTA qualifications

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• Minimum of 5 years experience in the organization of the practical application of the probation systems at managerial/expert etc. level;

• Familiar with probation systems field in a European Union Member State with particular emphasis on institutional set-up and implementation;

• Preferably a comparative knowledge of other Member States systems;

• Experience in project management;

• Experience in the participation of a legislative process/law drafting;

• Broad international contacts/exposure will be an asset;

• Advanced university degree;

• Strong written, oral and inter-personal communication skills in English;

• Good communication skills and experience in developing, co-coordinating and conducting training programmes;

• Experience in managing a large team of experts;

• Experience in working in a different cultural environment an advantage.

c) RTA tasks

• To design a work plan for the implementation of the programme and to assist the process of drawing up a covenant;

• Assist in the preparation of all strategic project documents [inception study, sector strategy/policy/plan, quarterly monitoring reports, final project report, training manuals etc.]

• To ensure continuity of implementation through: the execution of the day to day management; working on a daily basis with the Turkish Ministry of Justice staff to implement the project;

• To plan and coordinate outputs;

• Together with the Project Leader: to nominate, mobilize and supervise the short- and medium term experts;

• To coordinate and organize study visits, training activities, workshops and public awareness activities;

• To ensure proper quality of outputs;

• To provide detailed reports on the impact of the project.

3. Short-term experts a) Experts’ qualifications

Minimum of 3 years professional experience in their respective field i.e., probation services, criminal justice agencies, and in the Ministries of Justice and associated state organizations etc.

• Advanced university degree in a relevant subject; • They should be professionally qualified and have the appropriate experience in the area and subjects

that they are selected for. • Previous experience of working in other cultures and countries will be an advantage. • Good written and oral command of English (or other community language);

• Proven contractual relation to public administration or mandated body;

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• Capacity to integrate into a large expert team;

• Willingness to work in a different cultural environment.

b) Experts’ tasks

• To contribute to the project with specialist knowledge in the area of law enforcement systems and the judiciary;

• To provide specialist support services [e.g. providing Turkey with access to databases];

• To prepare training course modules;

• Delivery of selected training modules to the probation officers.

• Advice and backstopping from a national EU Ministry of Justice.

4.2 Any other relevant information on Twinning activities e.g.: 1. Study Tours:

Study visits to member states are proposed in two groups: The project team and new senior management of the Service and the new probation officers: A Study visits for 10 members of the project group and senior managers to an EU member state to study existing probation services and to compare and contrast structures and strategic designs. Topics of the study visits will indicatively be as follows:

- Organization of National Probation Services - The work of probation officers - The re-sourcing and structures of probation services - The training of probation officers - Equal opportunities

B Study visit for 6 newly appointed probation office managers to see the day to day work of the probation services in an EU member state. Topics of the study visits will indicatively be as follows: :

• Diversion from prosecution • mediation • Community Service • Working with Juveniles • Pre sentence report writing • Probation supervision

The purpose and objective of these visits is the adoption of standards and best practices of probation and mediation activities according to the system of the EU countries. 4.3 Operating environment for Twinning: The RTA will be placed at the Ministry of Justice Ankara, General Directorate of Prisons and Detention Houses. The provision of the operating environment for the RTA and the experts is part of the Twinning co-financing responsibility of the beneficiary.

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5. Detailed Budget (€)

- Twinning and training package = EURO 1.300.000 - Equipment for probation offices = EURO 300.000

“Turkey’s contribution to the project to fulfill the Twinning co-financing requirements will cover provision of adequate office space and equipment for the Resident Twinning Advisor (RTA), organizational costs of trainings, seminars and workshops (rental fees for training and seminar venues, interpretation equipment, catering as well as international travel of trainees in the framework of study visits and traineeships) and other costs non-eligible for pre-accession funding, as specified in the “Reference Manual on Twinning Projects”". For supply:

PRODUCT

PRICE

UNIT

TOTAL PRICE IN EUROS

Desktop PCs 2.500 100 250.000

Printer (Laser Colour) 2.203 6 13.218 Scanner 170 6 1.020 Multifunctional Colour Printing Copier 2.750 6 16.500 Thermal Binding Machine 620 6 3.720 Projector 2590 6 15.540 Total 299.998 appr: 300.000

6. Implementation Arrangements 6.1 Implementing Agency The Central Financing and Contracting Unit (CFCU) will be the Implementing Agency responsible for tendering, contracting and accounting. Responsibility for technical aspects related to preparation, implementation and control will rest with the Directorate General of the Prison and Detention Houses of the Ministry of Justice as the beneficiary institution. Central Finance and Contracts Unit Mr. Ercan Tortop Tel (+90 312) 285 4620-21 Fax (+90 312) 285 96 24 Ehlibeyt Mahallesi 6. Sokak No: 18/8 Ekşioğlu Iş Merkezi 06520 Balgat/Ankara, TURKEY 6.2 Twinning The contact person in the Ministry of Justice is: Mr. Necati Nursal, Judge, Head of Department General Directorate of Prisons and Detention Houses Adalet Bakanligi Ceza ve Tevkif Evleri Genel Mudurlugu TR 06659 ANKARA - TURKEY Tel: 312-414 6357/4180328

Project Components Investment

Support Institution Building

Total EU funding (=I+IB)

National Co financing TOTAL

Contract 1 – twinning 1.300.000 1.300.000 1.300.000 Contract 2 – Investment 225.000 225.000 75.000 300.00

Total 225.000 1.300.000 1.525.000 75.000 1.600.000

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Fax: 312-4251431 nnursal@adalet.gov.tr 6.3 Investment – Euro 300.000 This component of the project will be concerning the purchase of technical equipment which will be used for operational services of the probation units as well as educational purposes and producing education material.

Purchasing of office equipment for the newly establishing probation offices. There will also be the purchase of equipment inn order to facilitate the preparation of training materials for the newly appointed probation officers. 6.4 Non-standard aspects Provisions of the Twining Manual will be followed.

6.5 Contracts

Contract 1 – Twinning Contract - Euro 1.300.000 Contract 2 –Supply of Equipment Euro 300.000

6 Implementation Schedule

The following indicative implementation schedule is estimated:

Component Start of Tendering Start of Project Activity

Project Completion

Twinning 3Q/04 3Q-4Q/05 3Q-4Q/07 Supply of equipment 4Q/04 3Q/05 1Q/06

Both the signature and endorsement of the twinning contracts and the launching of supply tenders will be conditional upon the adoption of the Draft Penal Code which is before the Parliament at the moment.

8. Equal Opportunity The beneficiary is an equal opportunity employer. Appropriate professional qualifications and experience will be the main factors of personnel recruitment and evaluation. Both women and men have identical prospects. Nevertheless, all periodical progress review reports and other interim reports will include a specific explanation on measures and policies taken with respect to participation of women and equal opportunity for women and men and will provide measurements of achievement of this goal. 9. Environment Not applicable

10. Rates of Return Not applicable 11. Investment Criteria Not applicable

12. Conditionality and Sequencing

The reform of the penal system and the drafting of new penal codes incorporate new alternative measures for prosecutors and judges to use in criminal cases. Following the enactment of the said codes which is expected to take place until the end of 2004, the next planned step is for the establishment of a state national probation system under the authority of the Ministry of Justice that will be responsible for the implementation of these new non-custodial sanctions and measures.

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For that reason both the signature and endorsement of the Twinning contract and the launching of supply tenders will be conditional upon the adoption of the Draft Penal Code which is before the Parliament at the moment. ANNEXES TO PROJECT FİCHE 1. Logical framework matrix in standard format (compulsory)

2. Indicative implementation chart (compulsory )

3. Indicative contracting and disbursement schedule by quarter for full duration of programme (compulsory for year 1)

4. Indicative technical specifications for IT hardware and software and other equipments according to Ministry of Justice standards.

5. List of all primary legislation relevant to the project 6. Indicative budget

AANNNNEEXX 11 LLOOGGFFRRAAMMEE PPLLAANNNNIINNGG MMAATTRRIIXX FFOORR PPRROOJJEECCTT FFIICCHHEE

Programme number: Programme name: Development of a Probation Service in The Republic of Turkey Contracting period expires: Disbursement period expires: Beneficiary institution: Ministry of Justice

Total budget EURO 1.600.000 INVESTMENT EURO 1.300.000 TWINNING EURO 300.000

Overall objective Objectively verifiable indicators Sources of Verification Assumptions Upgrading of law enforcement bodies and the judiciary by creating a professional, effective and efficient Probation Service.

Acknowledgement by the European Commission

EC Regular reports

The adoption of the Draft Penal Code and the relevant laws enabling the establishment of Probation Services

Project purpose Objectively verifiable indicators Sources of Verification Assumptions To ensure that the Ministry of Justice is capable to plan, establish and implement an efficient Probation Service.

By the end of the project the following will be completed: The organization and planning of the probation services completed The adjustments required to primary legislation, statutory instruments and regulations governing this new state institution assisted and redrafted as necessary Appointment of a Director of the Probation Service Appointment of Headquarters staff within the Directorate Generate of the Prisons and Detention Houses Appointment of probation officers to the pilot Heavy Penalty Courts in the selected areas Use of alternative measures by prosecutors and judges in the

Reports from the RTA EC Regular reports Statistics on activities of courts and public prosecutions - an increase in alternative sentences and diversions on probation activities Statistical data of the Directorate Generate of the Prisons and Detention Houses of the Republic of Turkey Continuous evaluation on basis of complex analysis of operation of judiciary as whole. Statistical data on public prosecution offices and courts including analysis of the Probation Service benefits in respect to the effectiveness of the decision making process concerning alternative sentences and measures

Continued political support for the reforms to the criminal justice systems of the Republic of Turkey particularly with regard to the ratification of the new Penal Code, the new Penal Procedures Code and the new penal execution code. Continued support from the Director General of the Prisons and Detention Houses for the project.

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management of criminal cases before the courts The initial training to the new probation officers and training of the first generation of future trainers for the service through professional training courses completed.

Results Objectively verifiable indicators Sources of Verification Assumptions Current legislation, regulation reviewed and redrafted as necessary. National standards and probation service methodologies will be drafted. A first generation Risk and Needs Assessment (RNA) tool developed. An equal opportunities policy drafted. A new case record and data collection system created. Pilot model probation units’ establishment in Ankara (national) and other cities (Ankara (local) and preferably Kocaeli, Kütahya, Denizli Nevşehir) and the operation of these pilots reviewed. Training curriculum prepared and training by Short Time Experts from Member States delivered. Judges, public prosecutors, police, gendarmerie briefed about the new probation systems.

Redrafted legislation (by mid 2006) Statutory instruments (by-laws in Turkey) drawn up and approved (by mid 2006) Published design of Headquarters and model structure of new service (by mid 2006) Publication of national standards and methodologies of probation work. (by mid 2006) Risk and Needs Assessment tool developed and produced. Tested, piloted and adjusted. (by April 2006) Publication of Equal Opportunities and Diversity Policy (by May 2006) . Case management and data collection system developed (by June 2006). Study Visits for 16 participants in EU countries (experience in best practice) study visits for participants for 5 working days (by July 2006). Decision by Director General and

Project reports Reports from the RTA Phare monitoring and interim evaluation reports Quarterly Reports to Steering Group Internal Ministry of Justice reports

Sustained support for project. Effective and efficient RTA and supportive MS in partnership Early appointment of Director of Probation Service. Appointment of well qualified and committed staff as probation officers Active support from the MoJ, public prosecutors and judges in the use of alternative provisions and sentences under the new legislation. Accurate analysis of the required number of staff for each of the pilot project centers. Active involvement in training by new probation officers

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Minister of Justice as to the most appropriate cites and regions for the first pilot probation units (by November 2005) Establishment of pilot projects in 5 cites/regions and 1 for national service (by March 2006) Publication of detailed Curriculum for probation service training (by February 2006) 130 of staff trained/re-trained as probation officer trainers (by May 2006) All new staff trained in core activities and tasks of probation officers (by November 2006) Seminars for judges, prosecutors, police, gendarmerie, and allied criminal justice service agencies (by September 2006)

Provision of training support facilities through the use of the prison service training centers.

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Activities Redrafting of requisite legislation,

drafting of new legislation and drafting of regulations for the new probation service.

Design of new national service and appointment of key staff

Drawing up of Equal Opportunities and Diversity policy.

Design of first generation risk and needs assessment tool for the service by STE’s from MS.

Case record and data system development

Curriculum Development • Training of new probation staff • Professional visits to EU MS to see

operation of modern probation services

• Adoption of standards and best practices of probation and mediation activities according to the systems of the EU countries

• Establishment of the HQ and branches of the Probation Service

• Purchase of technical equipment for Probation Service ensuring compatible information system with the judiciary.

Means/Costs contract 1 – Twinning –1.300.000 EURO contract 2 - Investment – 300.000 EURO Supply of office equipment and equipment for the preparation of training materials for the newly appointed probation officers.

Assumptions The Prison Service Directorate currently employs social workers and psychologists in prisons. Also in Ankara there is staff in the After-care, Adult Education and Children’s Dept as well as social work and pedagogue staff assigned to the juvenile courts. These staff is to be integrated into the newly established probation service bringing their experience and expertise with them. Prison guards with the appropriate qualifications who volunteer will be accepted for training as probation officers. Allocation of office space within the existing courthouses or the rental of appropriate office space in these towns. Full commitment of the involved authorities Twinning assistance from an appropriate agency/ies in EU MS’s. Effective monitoring of project implementation Timely availability of adequate resources.

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Preconditions

The 3 draft codes containing the required amendments to the Turkish criminal codes are currently with the Law Commission of the Legislature. On completion these codes should be ratified by parliament and become law. As part of the criminal law reform subsequent amendments will be possible within a relatively short space of time because of the priority that the Government of Turkey is giving to justice reform. Thus the adoption of the mentioned laws is a precondition for the signature/endorsement of the twinning contract

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AANNNNEEXX 22 IINNDDIICCAATTIIVVEE IIMMPPLLEEMMEENNTTAATTIIOONN CCHHAARRTT ((CCOOMMPPUULLSSOORRYY ))

Year 2004 2005 2006 2007 Action J F MA M J J A S OND J F MA M J J A S ON D J F MA M J J A S OND J Project fiche approved by Brussels X Launch Twinning request to Member States

X

Selection of MS(s) for twinning X Elaboration of Twinning covenant X X X X X X X Submit Twinning contract to Commission Steering Committee for approval

X

Twinning package commences X Project implementation X X X X X X X X X X X X X X X X X X X X X X

Investment X X X X X X Tender Launch X Contract(s) signature X X X X X X Project implementation

The reform of the penal system and the drafting of new penal code incorporate new alternative measures for prosecutors and judges to use in criminal cases. Following the enactment of the said codes which is expected to take place until the end of 2004, the next planned step is for the establishment of a state national probation system under the authority of the Ministry of Justice that will be responsible for the implementation of these new non-custodial sanctions and measures. For that reason both the signature and the endorsement of the twinning contracts and the launching of supply tenders will be conditional upon the adoption of the Draft Penal Code which is before the Parliament at the moment.

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AANNNNEEXX 33.. IINNDDIICCAATTIIVVEE CCOONNTTRRAACCTTIINNGG AANNDD DDIISSBBUURRSSEEMMEENNTT SSCCHHEEDDUULLEE BBYY QQUUAARRTTEERR FFOORR FFUULLLL DDUURRAATTIIOONN OOFF PPRROOGGRRAAMMMMEE ((CCOOMMPPUULLSSOORRYY FFOORR YYEEAARR 11))

Date 2004 2005 2006 2007 30/06 30/09 31/12 31/03 30/06 30/09 31/12 31/03 30/06 30/09 31/12 31/03 30/06

Contracting

• Twinning 1.300

• Supply 225

Total contracting (cumulative) 1.525

Disbursement

• Twinning 480 550 690 760 830 900 1.000 1.300

• Supply 50 50 50 100 100 200 200 200 225 225

Total disbursement (cumulative) 50 50 50 100 100 200 200 200 225 225

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AANNNNEEXX 44.. IINNDDIICCAATTIIVVEE TTEECCHHNNIICCAALL SSPPEECCIIFFIICCAATTIIOONNSS FFOORR IITT HHAARRDDWWAARREE AANNDD SSOOFFTTWWAARREE AANNDD OOTTHHEERR EEQQUUIIPPMMEENNTTSS AACCCCOORRDDIINNGG TTOO MMIINNIISSTTRRYY OOFF JJUUSSTTIICCEE SSTTAANNDDAARRDDSS..

1. Notebook

Parameter Characteristics (minimal requirement) Offered parameters*

Manufacturer’s identification Manufacturer’s name: Siemens

Product identification Product type, model:

Processor Intel Mobile Pentium 4 2.2 GHz or equivalent

RAM 512 MB [with possibility of extension to 1GB without removal of already installed modules of RAM]

HDD 40GB, Ultra ATA 100

DVD/CD-RW Internal Combo drive 8x/4x/24x CD-RW + 8x DVD, IDE, Included software (1 license) for CD recording and rewriting

[FDD 1,44 MB, 3,5”, external through USB connectıon]

Screen Colour TFT active matrix, min.15'', LCD physical resolution 1280x768

Graphic Card 64 MB DDR RAM - independent from operational RAM (sharing or unifying RAM and graphics RAM technologies are not allowed) [Video card AGP-4x, 1600x1200x32bpp@85Hz for external monitor]

External ports 25-pin parallel (printer) port

15-pin port to external monitor

USB 2.0 port

[IrDA 1.1 (4Mbps)]

PCMCIA – 1x type II

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[1 x DVI-I (digital and analogue video out)] [1 x S-Video out, 1 x microphone in, 1 x headphone out]

Modem Integrated modem V90, 56Kb/s

Network Integrated or PCMCIA Ethernet 10/100, RJ45

Sound Card 16-bits, built in two speakers and microphone

Power Universal power supply 110-240V

Battery Li-Ion, (min. 20 minutes of work at full capacity), [possibility to install 2nd battery]

BIOS 1.1. Type FLASH EPROM with procedures of energy saving, plug&play and the system of passwords

Keyboard Keyboard TR

Pointer Touchpad

Mouse PS2 and USB (preferable) , 2 buttons with scroll wheel (Preferable: optical mouse with 2 buttons end scroll wheel)

Operating system MS Windows [XP] Pro. TR (licence and installation CD-ROM) or equivalent Software MS Office [XP] Pro. TR (licence and installation CD-ROM) or equivalent [additional software ………]

Weight Maximum 3.5 kg

Accessories Mobile case for transport with separated places for notebook and power supplies

Manuals User manual in [Turkish] for each notebook

Certificates

The offered product should bear a CE marking symbolising conformity with all applicable Community provisions and directives. An appropriate certificate concerning design and production of computers is required.

Warranty [x]-months on-site warranty from the date of acceptance and other conditions as specified in the Technical Specifications. During warranty period, the supplier is also obliged to provide the end-use with free of charge new versions of BIOS, firmware and drivers – if applicable

Training [x]-days on-site on [….] as specified in the Technical Specifications.

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Delivery (DDP) & Installation time

[x] days from the date of signing the contract

Origin of the goods EU states, Turkey or Phare, Meda and Cards beneficiary countries

2. Printer (Laser Colour)

Parameter Characteristics (minimal requirement) Offered parameters*

Manufacturer’s identification Manufacturer’s name: Siemens Product identification Product type, model: Page Size A4 Printing speed 16 pages per minute (monochrome)

Duty Cycle 100 000 pages per month

Resolution 600 dpi Paper trays 100 sheets multipurpose 2x 500 sheets Memory [64 or 128] MB RAM, [expandable to 384 MB] Interfaces USB Net Card Internal, Ethernet 10/100 Mb/s, RJ-45 Add. requirements all cables necessary to connect the printer to computer (Power, USB, UTP) Power supply 230V, 50Hz, Turkish plug Certificates The offered product should bear a CE marking symbolising conformity with all applicable Community

provisions and directives. An appropriate certificate concerning design and production of computers is required.

Warranty [x]-months on-site warranty from the date of acceptance and other conditions as specified in the Technical Specifications.

Delivery & Installation time [x] days from the date of signing the contract

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Origin of the goods EU states, Turkey or Phare, Meda and Cards beneficiary countries. If at the time of tendering there are no laser printers from eligible origin than derogation from the rule of origin is granted.

3. Scanner

Parameter Characteristics (minimal requirement) Offered

parameters* Manufacturer’s identification Manufacturer’s name: Siemens Product identification Product type, model: Scanning type Colour, flatbed Scanning resolution Optical 1200 x 1200 dpi Colour processing [24 or 48] bit Interface 1.2. USB and SCSI (with card) and cable

Compatibility Windows 98, Me, 2000, XP Automatic Document Feeder min. 50 sheets Power supply 230V, 50Hz, Turkish plug Software Image processing and OCR software supporting Turkish characters Certificates The offered product should bear a CE marking symbolising conformity with all applicable Community

provisions and directives. An appropriate certificate concerning design and production of computers is required.

Warranty [x]-months on-site warranty from the date of acceptance Delivery time [x] days from the date of signing the contract Origin of the goods EU states, Turkey or Phare, Meda and Cards beneficiary countries. If at the time of tendering there are

no scanners from eligible origin than derogation from the rule of origin is granted.

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4. Function device - Multifunctional Colour Printing Copier

Parameter Characteristics (minimal requirement) Offered parameters*

Manufacturer’s identification Manufacturer’s name: Kyocera Product identification Product type, model: Copy Method Digital Electrostatic Photographic (Dry Process) Max. Monthly Volume 30 000 Copy Speed (CPM) 15 CPM A4 (colour) / 25 CPM A4 (black & white) Water sign On one or on every page (with different fonts, sizes of text, inclination angle, position on paper

capabilities)

Copy Resolution 600x600 dpi Copy Quantity Selector 999 Copy Quantity Selector First Copy Time Max. 25 sec Max. size of original sheet A3 Max. size of copy/print sheet A3+ Printing memory and Hard disk 512 MB printing memory and 10 GB hard disk Max. Paper Weight 210g/m2 Zoom range 25-400% Input Cassettes Two 500-sheet Input Cassettes Hand feeder Yes RADF Yes Duplex Module Yes Exploitation Materials Colour toners (every colour – one piece), colour developers (every colour – one piece), toner bag

(one piece), stitches cartridges (one piece), drum (one piece)

Documentation Two copies in Turkish for administrators Installation On-site Certificates The offered product should bear a CE marking symbolising conformity with all applicable

Community provisions and directives.

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Warranty [x]-months on-site warranty from the date of acceptance and other conditions as specified in the Technical Specifications. During warranty period, the supplier is also obliged to provide the end-use with free of charge new versions of BIOS, firmware and drivers – if applicable

Training [x]-days on-site on [….] as specified in the Technical Specifications.

Delivery & Installation time [x] days from the date of signing the contract Origin of the goods EU states, Turkey or Phare, Meda and Cards beneficiary countries

5. Thermal Binding Machine

Parameter Characteristics (minimal requirement) Manufacturer’s identification Manufacturer’s name: Securit Product identification Product type, model: Technology Thermal Binding Capacity Up to 500 pages Binding Time 40 sec. Documentation Turkish and English Drivers and Software Yes, for all MS Windows systems and Linux/Unix Certificates The offered product should bear a CE marking symbolising conformity with all applicable

Community provisions and directives.

Warranty [x]-months on-site warranty from the date of acceptance and other conditions as specified in the Technical Specifications. During warranty period, the supplier is also obliged to provide the end-use with free of charge new versions of BIOS, firmware and drivers – if applicable

Training [x]-days on-site on [….] as specified in the Technical Specifications.

Delivery & Installation time [x] days from the date of signing the contract

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Origin of the goods EU states, Turkey or Phare, Meda and Cards beneficiary countries Parameter Characteristics (minimal requirement)

Manufacturer’s identification Manufacturer’s name: Philips Product identification Product type, model: Brightness 1800 ANSI lümen Resolution 1024 x 768 Pixel 1.440.000 Drivers and Software Yes, for all MS Windows systems and Linux/Unix Documentation Turkish and English Certificates The offered product should bear a CE marking symbolising conformity with all applicable

Community provisions and directives.

Warranty [x]-months on-site warranty from the date of acceptance and other conditions as specified in the Technical Specifications. During warranty period, the supplier is also obliged to provide the end-use with free of charge new versions of BIOS, firmware and drivers – if applicable

Training [x]-days on-site on [….] as specified in the Technical Specifications.

Delivery & Installation time [x] days from the date of signing the contract Origin of the goods EU states, Turkey or Phare, Meda and Cards beneficiary countries

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AANNNNEEXX 55 LLIISSTT OOFF AALLLL PPRRIIMMAARRYY LLEEGGIISSLLAATTIIOONN RREELLEEVVAANNTT TTOO TTHHEE PPRROOJJEECCTT 1 Draft Turkish Penal Code 2 Law on Enforcement of Sentences No: 647 3 Draft Code of Criminal Procedures 4 Law on Administration of Prisons and Detention Houses No: 1721 5 Law on Amended Adoption of Decree on Organization and Duties of the Ministry of Justice No: 2992 6 Law on Monitoring Boards of Penal Institutions and Detention Houses No: 4681 7 Law on Supervisory Judges No: 4675 8 Law on Staff Training Centers of Penal Institutions No: 4769 9 Bylaw on Administration of Penal Institutions and Detention Houses and the Execution of Punishments 10 Bylaw on Employment of Former Convicts 11 Regulation on Employment of the Disabled and Former Convicts 12 Regulation on Revolving Funds of Workshops in Penal Institutions 13 Regulation on Observation and Classification Centers 14 Regulation on Employment of Convicts in Penal Institutions in Working Places outside the Prisons 15 Regulation on Controllers of Revolving Funds of Workshops in Penal Execution and Reformatory Institutions under the Ministry of Justice 16 Internal Regulation of Prisons and Detention Houses

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AANNNNEEXX 66:: IINNDDIICCAATTIIVVEE BBUUDDGGEETT BBRREEAAKKDDOOWWNN

For supply:

PRODUCT PRICE

UNIT

TOTAL PRICE IN EUROS

Notebook 2.500 100 250.000

Printer (Laser Colour) 2203 6 13.218 Scanner 170 6 1.020 Multifunctional Colour Printing Copier 2.750 6 16.500 Thermal Binding Machine 620 6 3.720 Projector 2590 6 15.540 Total 299.998 ; app: 300.000

MS - Project Leader (Including costs of visits to Turkey) 40.000 RTA – Costs 200.000 Linguistic Assistant 24.000 Short–time experts (incl. seminars, training of Trainers and etc.) 581.000 Organization of seminars 300.000 Study visit to MS (5 days for 16 persons) 75.000 Documentation, publications 30.000 Supply 300.000 Contingency 50.000 Grand total EURO 1.600.000