IP/09/1101
Brussels, 8 July 2009
Interpretation and translation
criminal proceedings
for
suspects
in
The draft Council Framework Decision adopted today proposes to set
common minimum standards as regards the right to interpretation and
translation in criminal proceedings throughout the European Union. The aim
of the proposal is to ensure that if suspects do not understand and speak the
language used, they are entitled to interpretation from the moment there are
informed that they are suspected and until the proceedings are over,
uncluding any appeal. Suspects would also be entitled to have any essential
documents of the proceedings translated, so they can fully understand the
case against them.
By the proposal adopted today, July 8, 2009, the Commission revamps work in the
field of minimum rules on procedural rights for defendants in criminal proceedings
across the EU, after Member States definitely failed in 2007 to agree on a proposal
put forward by the Commission to that effect in 2004.
Unlike the 2004 proposal which intended to set out simultaneously six procedural
rights, this proposal only focuses on one set of rights, namely those relating to
interpretation and translation. Further initiatives, already foreseen for the next multi-
annual programme, will in turn deal with other sets of suspects' rights. This proposal
is therefore a first step in a renewed ambition to further enhance mutual trust
between judicial authorities of different Member States, which is an essential
ingredient of mutual recognition of judicial measures in the EU. The need for an EU
instrument on procedural rights has also been long called for by organisations
representing defence lawyers and fair-trial advocates.
Many different languages are spoken in the EU. People who find themselves in the
uncomfortable position of suspects are faced with additional difficulties if they do not
understand and speak the local language. Although a right to interpretation and
translation results from the European Convention on Human Rights, to which all EU
Member States are parties, these guarantees are not implemented evenly in all
Member States. In addition, they are not always respected and obtaining remedy
against breaches of the Convention may take considerable time. As a result,
suspects do not have the same access to interpretation and translation in the EU.
Today's proposal provides that Member State must ensure that any person
suspected or accused of a criminal offence who does not understand the language
used in this context must be provided with interpretation throughout the entire
proceedings. This is indispensable if the suspect is to know the accusations made
against him and to understand the procedure.
In addition, translations will have to be provided of essential procedural documents,
so the rights of defence can be properly exercised. Both interpretation and
translation must be of a sufficient quality and be provided free of charge. The scope
covers all persons suspected or accused in respect of a criminal offence, from the
moment the person is informed of this and until final disposal of the case, including
any appeal. European Arrest Warrant cases are also covered by the proposal).