Inside Police Custody 2
cost reduction – taking into account also the income and financial situation of the defendant population
– are adequate for achieving the aim of the institution.
Recommendations for the police, the prison service and the courts
4. In accordance with Article 2(4) of Directive 2010/64/EU, the police should determine a mechanism or
procedure “to ascertain whether suspected or accused persons speak and understand the language
of the criminal proceedings and whether they need the assistance of an interpreter”.
5. In order to achieve compliance with the requirements of Article 2(8) and 3(8) of Directive 2010/64/EU,
prescribing that interpretation and translation shall be of a quality sufficient to safeguard the fairness of
the proceedings, we recommend the following to the police and the courts:
a. Identify the aspects to be taken into consideration when establishing that a person to be appointed
as an ad hoc interpreter has “sufficient knowledge of a certain language” in a binding internal rule
or another format (even in lieu of a statutory provision prescribing this). The norms of the internal
rule shall be accessible for the public and foreseeable.
b. A quality assurance system with regard to interpreters and translators should be introduced (even
in lieu of a statutory provision prescribing this).
c. Interpreted procedural acts should be audio recorded (even in the absence of statutory provisions)
so that when doubts about the quality of interpretation are raised, the quality can be reviewed by
the proceeding authorities
6. The template for the questioning of the suspect in the central template-collection of the RobotZsaru
NEO system and those written information notes (Letters of Rights) that defendants are provided with
in police jails and penitentiary institutions shall be reviewed, with a view to ensuring that defendants
are informed about their rights included in Articles 3 and 4 of Directive 2012/13/EU in an adequate and
accessible manner.
7. Both the police and the prison service should facilitate for example by holding trainings that their
staff members have the necessary knowledge and skills to be able to communicate with defendants
in a simple and accessible language, having regard to the condition and personal characteristics of
the person participating in the criminal proceeding, in accordance with the requirements of Directive
2012/13/EU.
8. Based on earlier research, it seems necessary to provide premises in each and every police station
where the full confidentiality of communications between defendants and their defence counsels can
be guaranteed, while the requirements of safety and security can also be met.
9. The police should take steps to increase the number of suspect and witness interrogations audio- and
video recorded, which may, among other things, serve as an important safeguard for ensuring that
procedural rights are respected.
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