Aequilibrium Instruments for Lifting Language Barriers in Intercultural Legal Proceedings EU project JAI/2003/AGIS/048 Heleen Keijzer-Lambooy Willem Jan Gasille Editors ITV Hogeschool voor Tolken en Vertalen 2004 This book contains viewpoints and practical ideas for members of the judiciary working with interpreters and translators. It builds on the European Commission's Proposal for a Framework Decision on certain procedural rights applying in proceedings in criminal matters throughout the European Union, published in 2004. The authors of the articles in this book presented their opinion on several articles of the Proposal and put them in the perspective of their own practice and country. This publication is an outcome of a EU-wide conference h eld in The Hague, at which members of the judiciary, police, ministries, universities and professional interpreters and translators shared ideas, best practices and criticism on the topic of legal interpreting and translating. Together they formed a network that created awareness of each other's position in legal proceedings, paving the way for equal treatment of suspects, irrespective of language barriers. Topics discussed include ethics, practical and technical limitations, political standpoints and dreams for the future. The articles in this book reflect the discussions and range from in-depth analysis of the pros and cons of the Proposal to case law illustrating what working with interpreters and translators entails. Special attention is given to working with sign language interpreters. The editors hope that this book will contain practical suggestions for all actors in the legal process and that the articles will give food for thought and discussion on how multi-language legal proceedings can best take place on an effective an fair basis. This AGIS project is a follow-up of two Grotius projects with the same topic. The first Grotius project explored the foundations of legal interpreting and translation; in the second project recommendations were made for improvement in the deployment of interpreters and translators. This third project combines the knowledge and experience of those using and of those offering interpreting and translations services. Aequilibrium 1 2 EU project JAI/2003/AGIS/048 Heleen Keijzer-Lambooy Willem Jan Gasille Editors Aequilibrium Instruments for Lifting Language Barriers in Intercultural Legal Proceedings ITV Hogeschool voor Tolken en Vertalen 2005 3 Cahiers voor Juridisch Vertalen en Tolken Nummer 3 Redactie Heleen Keijzer-Lambooy Willem Jan Gasille Aequilibrium Instruments for Lifting Language Barriers in Intercultural Legal Proceedings Utrecht, ITV Hogeschool voor Tolken en Vertalen Amsterdam, Stichting Instituut voor Gerechtstolken & -vertalers 2005 www. legalinttreans. info 260 p. – 21 cm ISBN 90-809509-1-2 NUR 824 © ITV Hogeschool voor Tolken en Vertalen 4 CONTENTS PREFACE 1 INTRODUCTION 5 From Aequitas to Aequalitas to Aequilibrium: Lifting Language Barriers in Intercultural Legal Proceedings (AGIS project JAI/2003/AGIS/048) Heleen Keijzer-Lambooy Willem Jan Gasille Part I The Commission’s Proposal for a Framework Decision CHAPTER ONE 23 The Commission’s draft proposal for a Framework Decision on certain procedural rights applying in proceedings in criminal matters throughout the European Union Caroline Morgan CHAPTER TWO 35 The European Commission’s Proposal for a Council Framework Decision: The United States’ Perspective Nancy Schweda Nicholson CHAPTER THREE 55 Some comments on the European Commission’s Proposal Tobias Mästle 5 Part II Specific attention to vulnerable groups CHAPTER FOUR 61 Specific attention for vulnerable groups – in particular those with hearing impairments and sign language users – legislation, practical issues and training Nadine Tilbury CHAPTER FIVE 69 Vulnerable groups: deaf people at official hearings A perspective of the European Forum of Sign Language Interpreters (‘EFSLI’) Marco Nardi CHAPTER SIX 77 Justice must be seen to be done Helga Stevens Part III Accuracy of the translation CHAPTER SEVEN 87 Integrity and accuracy of the translation The Baybasin case, or how to check the quality and integrity of an anonymous translator Adèle van der Plas CHAPTER EIGHT 99 Accuracy of the interpretation and translation Integrity and ethics, monitoring of recordings of proceedings, and professional code of ethics Yolanda Vanden Bosch 6 CHAPTER NINE 109 The right to defence counsel Compensation for unreasonable length of criminal proceedings – Cellular confinement Paola Balbo Part IV Toolkits CHAPTER TEN 121 Inter disciplinary conventions & toolkits for legal services Ann Corsellis CHAPTER ELEVEN 135 ‘Interdisciplinary conventions & Toolkits for legal services’ Reflection on the article by Ann Corsellis Hermine Wiersinga CHAPTER TWELVE 143 Police interviews with the assistance of a court interpreter Critical thoughts based on practical experience Dirk Rombouts CHAPTER THIRTEEN 155 Effective use of interpreters Arend Krikke and Miran Besiktaslian Part V Outside the EU CHAPTER FOURTEEN 175 Right to interpretation and translation in criminal proceedings in Norway Kristian Jahr 7 CHAPTER FIFTEEN 185 Court Interpreting: The U. S. v. EU a brief comparison of our realities Cristina Helmerichs APPENDIX A 191 The Relevant Articles from the Proposal for a Council Framework Decision on certain procedural rights in criminal proceedings throughout the European Union, 28 April 2004 APPENDIX B 197 The conference programme of The Hague APPENDIX C 201 The steering committees APPENDIX D 202 The participants of the conference in The Hague APPENDIX E 239 Dutch Legislative Proposal 8 PREFACE This book contains the proceedings of the AGIS project JAI/2003/AGIS/048: Instruments for lifting language barriers in intercultural legal proceedings. The project was carried out by ITV Hogeschool voor Tolken en Vertalen, Utrecht (University of Professional Education for Interpreting and Translating) in cooperation with Stichting Instituut van Gerechtstolken en -vertalers, Amsterdam (Foundation Institute of Court Interpreters and Court Translators, in short SIGV). It contains viewpoints and practical ideas for members of the judiciary working with interpreters and translators. It builds on the European Commission’s Proposal for a Framework Decision on certain procedural rights applying in proceedings in criminal matters throughout the European Union, published in 2004. The authors of the articles in this book presented their opinion on several articles of the Proposal and put them in the perspective of their own practice and country. This publication is an outcome of a EU-wide conference held in The Hague, at which members of the judiciary, police, ministries, universities and professional interpreters and translators shared ideas, best practices and criticism on the topic of legal interpreting and translating. Together they formed a network that created awareness of each other’s position in legal proceedings, paving the way for equal treatment of suspects, irrespective of language barriers. Topics discussed include ethics, practical and technical limitations, political standpoints and dreams for the future. The articles in this book reflect the discussions and range from in-depth analysis of the pros and cons of the Proposal to case law illustrating what working with interpreters and translators entails. Special attention is given to working with sign language interpreters. 1 The editors hope that this book will contain practical suggestions for all actors in the legal process and that the articles will give food for thought and discussion on how multi-language legal proceedings can best take place on an effective an fair basis. This AGIS project is a follow-up of two Grotius projects with the same topic. The first Grotius project explored the foundations of legal interpreting and translation; in the second project recommendations were made for improvement in the deployment of interpreters and translators. This third project combines the knowledge and experience of those using and of those offering interpreting and translations services. The aims of AGIS project JAI/2003/AGIS/048 are: – dissemination of the ideas developed in Grotius I and II. The programme in The Hague focuses on the positioning and mechanisms of the use of interpreting/translations in court. Key words are policy making and change of attitude in the legal profession – creating awareness of all actors in the judicial field: judges, lawyers, police, court employees et cetera, about the role and importance of the interpreters and translators in court proceedings, legal interpreters and translators (LITs) as well as sign language interpreters (SLIs) – providing those working in the legal profession with the practical tools to co-operate with interpreters and translators as efficiently as possible We would like to express a special word of thanks to the members of the International Steering Committee: from Belgium: Erik Hertog and Yolanda Vanden Bosch; the Czech Republic: Zuzana Jettmarova, Jiri Janaçek and Vera Prochazkova; Denmark: Bodil Martinsen and Kirsten Woelch Rasmussen; Greece: Maria Cannelopoulou Bottis; Spain: Cynthia Giambruno; the Netherlands: Rob Blekxtoon, Evert-Jan van der Vlis and Hans Warendorf; United Kingdom: Amanda Clement and Ann Corsellis; Poland: Danuta Kierzkowska en Jacek Labuda, who were all and each of them very helpful in carrying out this project. 2 Finally, a very special thank you to Hans Warendorf for his continuous and invaluable support in editing this publication