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
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents