European Parliament legislative resolution of 16 June 2010 on the draft directive of the European Parliament and of the Council on the rights to interpretation and to translation in criminal proceedings

HAVE ADOPTED THIS DIRECTIVE:

 

Scope

1.  This Directive lays down rules concerning the rights to interpretation and to translation in criminal proceedings and proceedings for the execution of a European Arrest Warrant.

2.  Those rights apply to any person from the time that person is made aware by the competent authorities of a Member State, by official notification or otherwise, that he is suspected or accused of having committed a criminal offence until the conclusion of the proceedings, which is understood to mean the final determination of the question whether the suspected or accused person has committed the offence, including, where applicable, sentencing and the resolution of any appeal.

3.  Where the law of a Member State provides for the imposition of a sanction regarding minor offences by an authority other than a court having jurisdiction in criminal matters, and that sanction may be appealed to such a court, then this Directive shall only apply to the proceedings before that court following such an appeal.

4.  This Directive does not affect rules of national law concerning the presence of a legal counsel during any stage of the criminal proceedings, nor does it affect rules of national law concerning the right of access of a suspected or accused person to documents in criminal proceedings.

 

Right to interpretation

1.  Member States shall ensure that a suspected or accused person who does not understand or speak the language of the criminal proceedings concerned is provided without delay with interpretationduring criminal proceedings before investigative and judicial authorities, including during police questioning, during all court hearings and during any necessary interim hearings.

2.  Member States shall ensure that, where necessary for the purpose of ensuring the fairness of the proceedings, interpretation is available for communication between the suspected or accused person and his legal counsel in direct connection with any questioning or hearing during the proceedings or with the lodging of an appeal or other procedural applications .

3.  The right to interpretation includes assistance of persons with hearing or speech impediments.

4.  Member States shall ensure that a procedure or mechanism is in place to ascertain whether the suspected or accused person understands and speaks the language of the criminal proceedings and needs the assistance of an interpreter.

5.  Member States shall ensure that , in accordance with procedures in national law, the suspected or accused person has the right to challenge a decision finding that there is no need for interpretation and, when interpretation has been provided, the possibility to complain that the quality of the interpretation is not sufficient to ensure the fairness of the proceedings .

6.  Where appropriate, technology such as videoconferencing or communication by telephone or internet may be employed, unless the physical presence of the interpreter is required in order to safeguard the fairness of the proceedings.

7.  In proceedings for the execution of a European Arrest Warrant, the executing Member State shall ensure that its competent authorities provide any person subject to such proceedings who does not understand or speak the language of the proceedings, with interpretation in accordance with this Article.

8.  Interpretation provided under this Article shall be of a quality sufficient to safeguard the fairness of the proceedings, in particular by ensuring that the suspected or accused person in criminal proceedings has knowledge of the case against him and is able to exercise the right to defend himself.

 

Right to translation of essential documents

1.  Member States shall ensure that, within a reasonable period of time, a suspected or accused person who does not understand the language of the criminal proceedings concerned is provided with written translation of all documents which are essential to ensure that he is able to exercise the right to defend himself and to safeguard the fairness of the proceedings.

2. Essential documentsincludedecisions depriving a person of his liberty, the charge/ indictment and any judgment.

3.   The competent authorities shall decide in any given case whether any other document is essential. The suspected or accused person or his legal counsel may submit a reasoned request to this effect.

4.  Passages of essential documents which are not relevant for the suspected or accused person to have knowledge of the case against him do not have to be translated.

5.  Member States shall ensure that, in accordance with procedures in national law, the suspected or accused person has the right to challenge a decision finding that there is no need for translation of documents or passages thereof and, when translation has been provided, the possibility to complain that the quality of the translation is not sufficient to ensure the fairness of the proceedings.

6.  In proceedings for the execution of a European Arrest Warrant, the executing Member State shall ensure that its competent authorities provide any person subject to such proceedings who does not understand the language in which the European Arrest Warrant is drawn up, or into which it has been translated by the issuing Member State, with a written translation of that document.

7.  As an exception to the general rules established in paragraph 1, 2, 3 and 6 above, an oral translation or an oral summary of the essential documents referred to in this Article may be provided instead of a written translation, on condition that such oral translation or oral summary does not affect the fairness of the proceedings .

8.  Any waiver of the right to translation of documents referred to in this Article should be subject to the requirements that the suspected or accused person has received prior legal advice or has otherwise obtained full knowledge of the consequences of his waiver, and that the waiver was unequivocal and given voluntarily.

9.  Translation provided under this Article shall be of a quality sufficient to safeguard the fairness of the proceedings, in particular by ensuring that the suspected or accused person in criminal proceedings has knowledge of the case against him and is able to exercise the right to defend himself.

 

Costs of interpretation and translation

Member States shall cover the costs of interpretation and translation resulting from the application of Articles 2 and 3, irrespective of the outcome of the proceedings.

 

Quality of the interpretation and translation

1.   Member States shall take concrete measures to ensure that the interpretation and translation provided meets the quality required under Articles 2(8) and 3(8).

2.  In order to promote the adequacy of interpretation and translation and efficient access to it, Member States shall endeavour to establish a register or registers of independent translators and interpreters who are appropriately qualified. Once established, such register or registers should be made available to legal counsel and relevant authorities.

3.  Member States shall ensure that interpreters and translators will be required to observe confidentiality regarding interpretation and translation provided under this Directive.

 

 

 

Non-regression clause

Nothing in this Directive shall be construed as limiting or derogating from any of the rights and procedural safeguards that may be ensured under the European Convention for the Protection of Human Rights and Fundamental Freedoms, under the EU Charter of Fundamental Rights , under other relevant provisions of international law or under the laws of any Member States which provide a higher level of protection.

 

Implementation

1.  Member States shall bring into force the laws, regulations and administrative provisions necessaryto comply with this Directive by ….

2 .  Member States shall transmit to the Commission the text of the provisions transposing into their national law the obligations imposed on them under this Directive.

3.  When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States.

 

Report

The Commission shall, by …, submit a report to the European Parliament and to the Council, assessing the extent to which the Member States have taken the necessary measures in order to comply with this Directive, accompanied, if necessary, by legislative proposals.

 

Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

 

 

Done at,

 

For the European Parliament

 

The President