On 20 October 2010, the European Parliament and the Council adopted Directive 2010/64/EU on the right to interpretation and translation in criminal proceedings in order to tackle the problem of varying standards and different levels of access to legal interpreting and translation available in criminal proceedings throughout its territory. The law was proposed by the European Commission in 2010 and adopted by the European Parliament and Council of Ministers after nine months. According to the European Convention on Human Rights (ECHR), anyone facing a criminal charge should be provided with the services of an interpreter, free of charge, if he/she doesn’t understand the language of the proceedings. The deadline for EU member states to implement the law passed last week. The new right applies throughout criminal proceedings, including when receiving legal advice.
Safeguarding the right to a fair trial
The 2010 Directive on the right to interpretation and translation in criminal proceedings was adopted to put in place the following mechanisms:
Interpretation
Interpretation should be provided, free of charge, where necessary for the purpose of safeguarding the fairness of the proceedings. This includes:
- police interrogation,
- essential meetings between client and lawyer, and
- at trial.
Translation of essential documents
Suspected or accused persons who do not understand the language of the proceedings must be provided with a written translation of documents that are essential for them to exercise their right of defence. This includes:
- the detention order,
- the indictment, and
- the judgment.
Quality control
A quality sufficient to ensure that suspected or accused persons have knowledge of the case against them and are able to exercise their right of defence is required. To ensure that qualified legal interpreters and translators are available, EU countries are called on to set up a register of qualified translators and interpreters, and to make it available to legal counsels and relevant authorities.
Training
To ensure efficient and effective communication, relevant training of judges, prosecutors and judicial staff must be provided.
“This can be an historic moment for justice in Europe: the first ever law on fair-trial rights for citizens will become a concrete reality if member states live up to their legal obligations,” said Viviane Reding, the EU’s Justice Commissioner.
Sources:
http://ec.europa.eu/justice/criminal/criminal-rights/right-translation/index_en.htm
http://www.videoconference-interpreting.net/BraunTaylor2011/01_Morgan.pdf
Katerina Karavasili, Translator
Terminology Coordination Communication Team