Criminal detention and alternatives: fundamental rights aspects in EU cross-border transfers
Figure 14: Right to interpretation assistance and/or translation while consenting to and requesting transfers
with regard to the Framework Decision on transfer of prisoners
Provided in law
Not provided in law
Not implemented/
Implementation pending
Source: FRA, 2015
consenting to or requesting a transfer, in accordance
with the Framework Decision on transfer of prisoners; 10 do not provide for such an entitlement. Ireland
has still not implemented the decision; however, in the
current legal situation, sentenced persons eligible for
transfer have a right to be assisted by an interpreter.
Some EU Member States use alternative means of communication. For example, in Austria, there are forms
drafted in all official languages of the EU, excluding
Irish (Bulgarian, Croatian, Czech, Danish, Dutch, English,
Estonian, Finnish, French, German, Greek, Hungarian,
Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese,
Romanian, Slovak, Slovenian, Spanish and Swedish).275
The forms are distributed among persons eligible for
transfers. In Bulgaria, there is a possibility to ask for
an interpreter; however, in practice, sentenced persons
are advised to ask for assistance from the consul or
275 Austria, Representative of the Austrian Federal Ministry of
Justice.
88
other officials from their country’s embassy.276 It should
be remembered, however, that Bulgaria has still not
implemented the Framework Decision on transfer of
prisoners.
In Hungary, prison staff with certain linguistic competences may act as ad hoc interpreters. According to
information provided by officials of the Szeged Regional
Court, an officer of the prison service acts as ad hoc
interpreter on a regular basis in Szeged Strict and
Medium Regime Prison.277
Officials from Italy and Estonia indicated that interpretation is not needed in practice, as foreigners detained
in Italian prisons are mainly from Romania and speak
Italian278 and, in prisons in Estonia, staff members and
276 Bulgaria, Supreme Prosecution Office of Cassation (2015),
Letter No. 5676/2015 to the Center for the Study of
Democracy.
277 Hungary, Representative of the Szeged Regional Court.
278 Italy, Representative of the Ministry of Justice.
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