Article 3
Right to
translation of
essential
documents
Interpretation in proceedings for execution of an EAW
Interpretation must be ‘of a quality sufficient to safeguard the
fairness of proceedings’
Right for persons who do not speak or understand the language
of the criminal proceedings to ‘written translation of all
documents which are essential to ensure they are able to
exercise their right of defence and safeguard fairness of
proceedings’.
Essential documents include: decision depriving a person of his
liberty, any charge / indictment, any judgment.
Competent authorities to decide, in a given case, whether any
other document essential. Suspect or accused person or their
lawyer is able to submit a reasoned request.
No requirement to translate passages of essential documents
which are not relevant for enabling suspect or accused to have
knowledge of the case against them.
Right to challenge a decision finding no need for translation of
documents or passages thereof / possibility to complain that
quality of translation not sufficient to safeguard fairness of
proceedings.
Possibility of providing an ‘oral translation or oral summary’
instead of written translation.
Waiver only on condition of prior legal advice / otherwise gained
full knowledge of consequences of waiver, which must be
unequivocal and given voluntarily.
Article 4
Costs
Member States bear the cost of interpretation, irrespective of
the outcome of proceedings
Article 5
Quality
Member States to take ‘concrete measures’ to ensure
interpretation / translation meets the standard required
Member States to ‘endeavour’ to establish (a) register(s) of
appropriately qualified independent translators / interpreters.
Obligation to ensure interpreters / translators required to
observe confidentiality
Article 6
Training
Requirement to provide for training of ‘judges, prosecutors and
judicial staff’ as to working with interpreters
Article 7
Recordkeeping
Obligation to keep a record when interpretation provided in
questioning or hearings, when an oral translation / summary is
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