Have you ever heard about Directive 2010/64/EU of 20 October 2010? It deals with theright to interpretation and translation in criminal proceedings.
As a key part of the EU’s aim to promote and extend freedom, security and justice throughout the union, the directive draws on Article 6 of the European Convention on Human Rights (ECHR) and Article 47 of the Charter of Fundamental Rights of the European Union, both of which enshrine the right to a fair trial.
The directive sets out the minimum common rules for translation and interpretation in criminal matters. As such, it grants suspected or accused persons who do not speak the language of the proceedings the right to translation and interpreting, ensuring they have access to free, appropriate linguistic assistance so they can properly defend themselves.
Its purpose
From here on in, all questioning, hearings and appeals, including requests for release from custody, must be carried out in the company of an interpreter if necessary.
The proceedings and related documents must be interpreted and translated into the suspect or accused’s native language, and the quality assessed. Should the translation fail to guarantee a fair trial, the translator or interpreter must be replaced.
The directive further provides for concrete measures to guarantee that both the written and oral translation needed for proceedings are of sufficient quality, and that exchanges remain confidential.
Better late than never
It is the first official recognition of the difference between translators and bear tamers.
And it only took was a few centuries – from back when Saint Jerome led the ladies of the night back on to the path of virtue by having them translate the Bible – for translation to be recognised as a profession requiring specific, high-level training.
Training for these experts in France will be addressed in a future post. The country just approved its first batch in September 2014…