III – THE ‘THIRD LANGUAGE’ ISSUE
A. THE ISSUE
In this section, we propose to review briefly the issue surrounding the provision of interpretation in
a language other than the suspect’s own native language (a ‘third language’). By way of example,
practitioners report that Kazakhs are provided with Russian interpretation, for instance. This causes
all the same problems as poor interpretation: possible misunderstandings, which may prejudice trial
fairness.
B. THE ECHR BASELINE
This issue has not been considered in detail by the ECtHR to date. In the pending case Vizgirda v.
Slovenia,33 a Lithuanian national was provided with interpretation in Russian, not his mother tongue.
Fair Trials has intervened34 in the case to make the following points:
The position of the suspect or accused person who receives interpretation in a language other
than his native tongue is comparable to the position of the suspect who speaks the forum
language to a low level as a second language.
Thus, all the factors ordinarily relevant to determining whether someone needs interpretation
are relevant for the purpose of determining whether interpretation in a third language is an
adequate solution: does the person have the necessary linguistic ability in that language, having
regard to the seriousness of the offence, for this to represent a solution?
The provision of interpretation in a third language should automatically ‘put the authorities on
notice’, triggering their obligation to ‘exercise subsequent control’. This will involve taking action
to verify the quality of the interpretation, or retroactive action to check the reliability of any
statements obtained early in the proceedings.
C. RELEVANT PROVISIONS OF THE DIRECTIVE
Only one provision of the Directive, Recital 22, provides any mention of the point:
‘Interpretation and translation under this Directive should be provided in the native
language of the suspected or accused persons or in any other language that they
speak or understand in order to allow them fully to exercise their right of defence, and
in order to safeguard the fairness of the proceedings.’
D. USING THE DIRECTIVE IN PRACTICE
We encourage you to treat the provision of interpretation in a third language as the same thing as
not providing interpretation at all to someone who does not speak the forum language as their first
33
34
Vizgirda v. Slovenia, App. no 59868/08, communicated 16 June 2014.
Read the intervention here.
34
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents