Guidebook
STANDARDS
and the judicial authorities should take appropriate steps to assure a fair
administration of justice. Therefore the competent authorities should
ensure that persons with disabilities can effectively participate in the
proceedings.155
and did not ensure an effective participation.164 The lack of a recognized
and uniform procedure for assessing the need for interpretation almost
certainly contributed to police officers often resorting to ploys to avoid
the need to arrange for interpretation.165
The EU Directive requires concrete measures to ensure that the quality of
the interpretation and translation is sufficient to safeguard the fairness of
the proceedings.156 In order to do so, the Directive sets that a register or
registers of independent interpreters and translators who are appropriately qualified should be established.157 In this regard the Directive goes
further than the ECtHR jurisprudence.158 Further, the Directive additionally
requires the translators and interpreters to be independent.159
The need for prompt interpretation presented several challenges in many
countries. In many countries, an interpreter was rarely, if ever, present at
the initial stages of detention, even though the need for interpretation had
been identified, or was subsequently identified. A critical and widespread
problem concerns the difficulty the police face in finding an interpreter
willing and able to attend the police station at short notice.166 Partly due
to the shortage in available interpreters, in some countries there are
limitations on free interpretation for lawyer/client consultations.167
Suspects and accused should also have the possibility to complain that
the quality of the interpretation and translation is not sufficient. If the
required quality is not ensured, the competent authorities should be able
to replace the appointed interpreter.160 The oversight of the quality should
be done by the courts if the issue is raised.161
Main findings on the practice
Despite the detailed legal framework, the implementation of the Directive
poses a number of challenges.
In some cases, it is difficult to find a translator for rare languages and
dialects, which may lead to an overall delay in the procedure. Another
challenge is the low remuneration of interpreters which influences their
incentives to participate in the process. This is because there is not any
financial provision for their payment and they usually get paid after a longer
period of time.162
Moreover, in the majority of countries the letter of rights was not available
in a number of languages and prompt access to an interpreter was often
not possible. This led to many suspects not being informed of their procedural rights in a language that they understood.163 In some other cases the
suspect or accused person had basic language skills that were deemed
sufficient, although the knowledge of the language were rudimentary
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