categories of individuals are not prohibited from attending,744 for example,
because there is no disabled access.
P. The right to have the free assistance of an interpreter if he/she cannot
understand or speak the language used in court745
133.
This right applies to criminal proceedings, although it is possible in
exceptional cases that this may also apply in civil proceedings.746 It will apply to
aliens as well as nationals of the State in question747 and to all stages of
proceedings, both written and oral,748 which are necessary for the individual to
defend themselves.749
134.
It must be shown that the level of understanding impacts on the
enjoyment of the rights.750 Where, for example, the trial relating to the rape of a
girl who was a member of an ethnic minority was held in Spanish without
interpretation and the victim and others were unable to understand, a violation
of ICCPR was held.751 Similar protection would apply to those unable to
understand the proceedings due to speech or hearing impediments.
135.
Cultural elements also need to be taken into account as to the rights of
particularly vulnerable groups including migrants, ethnic minorities and
women.752
136.
The right is not subject to qualification, and even if the accused is
subsequently convicted, she or he cannot be ordered to pay the costs of an
interpreter.753 However this right does not provide a right to conduct
proceedings in the language of the defendant’s choice.754
Q. Double jeopardy
137.
This is the principle that no one should be tried or punished for an offence
for which they have already been convicted or acquitted.755
744
Ibid.
Human Rights Committee, No.451/1991, Harward v Norway, para 9.5; No.219/1986, Guesdon v
France, para 102. Inter-American Court of Human Rights, Advisory Opinion, 16/99, 1 October 1999,
para 120.
746
Human Rights Committee General Comment No.32, CCPR/C/GC/32 (2007), para 13.
747
General Comment No.32, CCPR/C/GC/32 (2007), para 40
748
Ibid. See also Harward v Norway, para 9.5.
749
Communication 1033/2001, Singarasa v Sri Lanka, 24 July 2004.
750
Ibid.
751
Communication 1610/2007, L. N. P. v Argentina, HRC 18 July 2011.
752
Report of the Special Rapporteur on the Independence of Judges and Lawyers, A/HRC/8/4, paras
29-30.
753
Ozturk v Germany, 21 February 1984.
754
Communication 219/1986, Guesdon v France, UN Doc CCPR/C/39/D/219/1986 (1990).
Communication 439/1990, C. L. D. v France, UN Doc CCPR/C/43/D/439/1990 (1991).
755
Article 14(7) ICCPR; Article 19(1) Arab Charter. See also Human Rights Committee General
Comment No.32, CCPR/C/GC/32 (2007), para 55; UN Working Group on Arbitrary Detention, Opinion
36/1999, UN Doc/E/CN.4/2001/14/Add.1 (2000), para 9.
745
124
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