   State that, if the authority refuses to provide a translation, you request a reasoned decision (this will be helpful if you have to challenge the decision). State why the documents you request are essential. State why oral translation would be insufficient. b. Content of the request i. I am entitled to make this request Obviously, if there is a procedure provided in national law, you do not need to persuade the authority that it must hear the request. If there is nothing explicitly provided in national law for making a request for translations other than those mandatorily prescribed by law, you need to remind the authorities of their obligations under the Directive. You need to explain to the authorities that, regardless of what is provided in national law, they must hear your request:  Argue: Article 3(3) of the Directive obliges national authorities to consider on a case-by-case basis whether the document is essential, and entitles the suspect or accused to make a reasoned request for an essential document. This request must therefore be considered. You may need to make this request to several different people (e.g. prosecutor, investigating judge, police). If these authorities refuse to consider your request, this is of itself a violation of the Directive and should itself be the subject of a judicial challenge (see the ‘challenging adverse decisions’ section below). For the time being we will assume either that there is a procedure available to request further documents, or that the authority has accepted to consider your request. You now need to argue why you are entitled to the document. ii. Mandatory documents In order to claim a right under the Directive, you need to establish that the document is an ‘essential document’ within the meaning of Article 3(1). In the case of charges, indictments, judgments and decisions depriving of liberty, this is straightforward: ‘2. Essential documents shall include any decision depriving a person of his liberty, any charge or indictment, any judgment.’ If the document you do not have a translation of is one of these, you need to insist on a translation:  Argue: Article 3(2) entitles the suspect to a translation of any decision depriving a person of his liberty, any charge or indictment, and any judgment. One such document, namely [...], has not been provided. Regardless of what is said in national law, the suspect is entitled to this document. If the authority refuses on the basis that it has no power to order the translation, you should challenge the decision. See the ‘challenging adverse decisions’ section below). 41

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