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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