Access to interpretation
Accurate oral interpretation and translation of critical documents are crucial to enable individuals to participate
fully and effectively in the preparation of their case and during the proceedings, and for the authorities to be able
to understand documents or testimony presented in another language.
Argentina: legislative provision for free access to interpreters
The Migration Act (Law 25.781) provides that non‑nationals within the country who lack sufficient financial
resources have the right to free access to interpreters. Regulations adopted to explain Law 25.781 require the
Immigration Department to include provision of information in immigrants’ native languages and linguistic
interpreters, as necessary.
Indonesia: Granting access to interpretation for foreigners
Under Law No. 8 Year 1981 on Criminal Procedure and National Police Regulation No. 12 Year 2012, foreigners
with no or little knowledge of the Indonesian language will be provided with an interpreter when subject to
criminal proceedings that may result in their deportation or extradition from the country.
New Zealand: telephone-based interpretation and sign language services
“Language Line” is a free telephone-based interpreting service used by New Zealand government agencies, some
doctors and city councils. This service enables officials to obtain free, confidential interpretation assistance to
enable them to communicate with individuals who do not speak or understand English. Language Line also enables
the client to choose the gender of their interpreter. In addition the Ministry of Justice has a procedure in place
to enable individuals to request interpretation or sign language services to be available during court or tribunal
hearings.
Access to legal advice and representation
Providing access to competent legal advice and representation for those facing involuntary transfer is an
important safeguard against refoulement; it enhances the quality of decision-making, while simultaneously
reducing the scope for complaints and delays, thereby working as a cost-effective measure. A number of States
provide legal counsel free of charge to those who cannot afford to pay; others offer a list of available, qualified
lawyers. Some States have found it useful to cooperate with organisations representing the legal profession at the
domestic level, such as bar associations, or pro bono legal services provided by non‑governmental organisations or
through university clinics, in order to bolster capacity in States with limited resources.
European Union: setting common procedures for legal assistance
European Union Directive 2013/32/EU on common procedures for granting and withdrawing international
protection (recast) guarantees free legal assistance and representation in appeals procedures before a court
or tribunal. The arrangements identifying those permitted to provide such assistance are left to national law.
Many countries, including Austria, Croatia, Cyprus, Germany and Ireland, make provision for such legal advice in
national law.
TOOL: Non-refoulement procedures and safeguards
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