A world where every person s right to a fair trial is respected, whatever their nationality, wherever they are accused.

Transcription

1 Effective Interpretation and the Right to a Fair Trial Introduction A world where every person s right to a fair trial is respected, whatever their nationality, wherever they are accused. 1

2 Introduction The Right to a Fair Trial Article 6(3) ECHR Everyone charged with a criminal offence has the following minimum rights: (a) to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him; (b) to have adequate time and the facilities for the preparation of his defence; (c) to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require; (d) to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him; (e) to have the free assistance of an interpreter if he cannot understand or speak the language used in court. Introduction The Right to a Fair Trial Article 6(3) ECHR Everyone charged with a criminal offence has the following minimum rights: (a) to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him; (b) to have adequate time and the facilities for the preparation of his defence; (c) to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require; (d) to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him; (e) to have the free assistance of an interpreter if he cannot understand or speak the language used in court. 2

3 Introduction The Right to a Fair Trial Article 6(3) ECHR Everyone charged with a criminal offence has the following minimum rights: (a) to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him; (b) to have adequate time and the facilities for the preparation of his defence; (c) to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require; (d) to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him; (e) to have the free assistance of an interpreter if he cannot understand or speak the language used in court. Introduction The Right to a Fair Trial Article 6(3) ECHR Everyone charged with a criminal offence has the following minimum rights: (a) to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him; (b) to have adequate time and the facilities for the preparation of his defence; (c) to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require; (d) to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him; (e) to have the free assistance of an interpreter if he cannot understand or speak the language used in court. 3

4 FTI cases 33% of the people who contacted us from within the EU in 2012 reported being denied access to an interpreter or translations of key documents FTI Cases Teresa Daniels Spain 4

5 FTI Cases Garry Mann Portugal United Kingdom United Kingdom 5

6 Defence Practitioner Survey The Interpretation is usually very bad for more commonly used languages there are police interpreters, who usually are not good because wages are very low. Latvia The standards required to be a translator or interpreter during police custody are not very strict and therefore services provided are not always of a high level. Ireland Defence Practitioner Survey As nothing is recorded during the interrogation (with very few exceptions) I have no chance to check the interpretation I receive complaints so I must be suspicious. Bulgaria Sometimes the interpreter is a police officer who has taken an oath. I do not consider that sufficiently independent. Belgium 6

7 Scale of Issue 20.7 million Non-EU citizens living in EU Scale of Issue 13.6 million EU citizens living in an EU which is not their country of nationality 7

8 Scale of Issue 57% Of prisoners in Greece are foreign nationals The Case for EU Action EU Judicial Cooperation Extradition: 15,827 European Arrest Warrants in 2009 European Investigation Order 8

9 The Long Road to EU Standards More and more Europeans travel, study and work outside their home country. As a consequence, they are more likely to become involved in legal proceedings in another member state. They may find themselves in a situation in which they are faced with a criminal charge but they do not understand and speak the language used by judicial authorities. In such cases, it is of vital importance to receive interpretation and to have essential procedural documents translated. The Directive: Interpretation Without Delay Throughout criminal procedings During police questioning All court hearings and interim hearing Arrest Warrant proceedings Communications between suspects and their lawyer Fairness of the proceedings 9

10 The Directive - Interpretation Assessing Need: Procedure needed Right to challenge People with hearing or speech impediments Cost Confidentiality Record-keeping The Directive - Interpretation Where appropriate, communication technology such as videoconferencing, telephone or the internet may be used, unless the physical presence of the interpreter is required in order to safeguard the fairness of the proceedings. Article 2(6) 10

11 The Directive - Translation Essential Documents Right of defence and fairness of proceedings Includes: Decision depriving of liberty, indictment or charge and judgment European Arrest Warrant Reasoned request from defendant Oral translation or summary Does not prejudice the fairness of proceedings The Directive - Quality Quality sufficient to safeguard fairness of proceedings Does suspect understand case against them? Can they exercise their right of defence Right to challenge quality Upstream measures: Concrete measures? Register of independent translators or Interpreters Training 11

12 Implementation 27 th October Months, 10 Days Thank you! 12