Implementation of the Duties and Powers of the National Preventive Mechanism in 2012
During the visit, the Head of the Asylum Centre explained that the institution faced problems in
providing for applicants, interpreters with the knowledge of foreign languages which are rarely
used in Slovenia. There is an issue of providing an interpreter for the Pashto language spoken
by applicants from Afghanistan. As a result, in cases of providing assistance in interpreting,
the Asylum Centre asks for help from other applicants who are accommodated in the Asylum
Centre and know at least one broadly understandable language in addition to this language.
The NPM believes that this solution is highly inappropriate since, due to potential conflicting
relations between applicants, a person interviewed and their close relatives in the country of
origin may be put in danger straight away. An expectation was expressed that the presence
of an official interpreter would be provided for in the Asylum Centre. It was proposed that
the Asylum Centre should consider the option of deploying official interpreters via videoconferencing if the personal presence of an interpreter is difficult to achieve. As and when
required, assistance in finding a suitable translator or interpreter should be sought from the
European Asylum Support Office (the “EASO”) having a list of interpreters for 360 languages.
In regard to the provision of an interpreter for the Pashto language, the Ministry of the Interior
explained that the Ministry is aware that the right of an interpreter could not be provided for
by engaging another applicant for international protection and agreed with the opinion that
such practice is inappropriate owing to mutual relations among applicants and considering the
provision of secrecy of a procedure. In regard to the engagement of interpreters through the
EASO, the Ministry explained that, Article 15 of Regulation (EU) No 439/2010 of the European
Parliament and of the Council establishing a European Asylum Support Office envisages that
a list of interpreters should be set by the Office to be made available for the asylum support
teams, whereby the interpreters are provided for by the Member States.
In the light of the above mentioned, a network of interpreters within the scope of the EASO
is mainly an intervention mechanism intended for Member States with particular problems.
Following a decision by the Office’s Management Board in February 2012, a list of interpreters
is also available for the needs of Member States, meaning that Member States may agree on
an interpreter without the intermediary intervention by the EASO. In the case of an interpreter
for the Pashto language, the list of the EASO was not yet at the disposal of the Ministry, since
it was submitted to Member States only in May 2012 when the Ministry had already made
contact with interpreters for the Pashto language from Austria, and actual activities regarding
the employment of an interpreter were already underway. In spite of this, the Ministry pointed
out that the list of the EASO makes the working process significantly easier, especially when
an interpreter for a language is not available. However, in any case, prior to any interpreting
engagement, a cooperation agreement must be reached with an interpreter and a relevant
legal basis must be arranged to pay for his/her services, for which a certain time period is
needed. The Ministry had also communicated that, at the end of September 2012, a contract
on the provision of translation and interpreting services was finally signed with an interpreter
for the Pashto language from Austria.
National Preventive Mechanism in the Republic of Slovenia under the Optional Protocol to
the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
113
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