The EU is taking the first step towards setting the right to an interpreter directive

THE EUROPEAN Commission has proposed minimum standards for interpretation and translation for suspects standing trial in a country where the language is not their own. The proposed legislation is designed to help people to get a fair trial anywhere in the EU, even when they cannot understand the language of the case.

The need for standardised procedural rights and the barriers which can lead to unfair convictions during judicial proceedings in other EU countries have been highlighted by a number of real-life cases. These include an Italian tourist involved in a traffic accident in Sweden who was not allowed to talk to an Italian-speaking lawyer during trial, and a Polish suspect who could not see written translations of evidence used against him in a French court.

The proposed new Directive replaces a Framework Decision on interpretation and translation rights in July 2009, which became void upon the entry into force of the Lisbon Treaty on December 1st, 2009.

On November 30th, 2009, EU governments asked the commission to put forward proposals on a “step-by-step” basis to establish EU-wide standards for a series of procedural rights. The commission is thus turning the proposed Framework Decision into a Directive.

This proposal is the first step in a series of measures to set common EU standards in criminal cases. The Lisbon Treaty enables the EU to adopt measures to strengthen the rights of EU citizens, in line with the Charter of Fundamental Rights.

The proposal strengthens citizens’ rights to interpretation and translation in three ways: interpretation would have to be provided for communication with lawyers as well as during investigations – such as police questioning – and at trial; the proposal covers written translation of all essential documents such as the detention order, the charge sheet or indictment, or vital pieces of evidence; citizens must have the right to legal advice before waiving the right to interpretation and translation; translation and interpretation costs will have to be met by the member state, not by the suspect – irrespective of the final decision.

“We are taking a first important step towards a Europe where justice knows no borders. Nobody in the EU should ever feel that their rights and their protections are weakened simply because they are not in their home countries,” said vice-president Viviane Reding, the EU’s commissioner for justice, fundamental rights and citizenship.


The Directive on the right to interpretation and translation in criminal proceedings, proposed by the commission, will be the first Directive to strengthen criminal justice since the entry into force of the Lisbon Treaty.


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Being a court translator is more than having the skills

From Laramie Boomerang


When Julie Sellers is in a courtroom, she’s oftentimes thinking in two languages.

For nearly 10 years, Sellers has been a courtroom translator, providing an impartial voice for Spanish — speaking people who do not have the English language skills necessary to follow the proceedings of court.

It’s not easy — while many people are knowledgeable in more than one language, it’s often Sellers’ duty to translate English to Spanish — and vice versa — simultaneously. This means forever being on the edge of overwhelmed — Sellers explained that to many people, the feeling of perpetually being behind in their translation can be too much.

“Just because you speak some or even a lot of both languages doesn’t mean you have the skills to be an interpreter,” Sellers said. “I found that I did; I was able to stay calm, and that’s one of the things when people first start — especially with simultaneous interpreting — they just freak out because you’re five words behind, and you always feel like you’re never going to be able to cover everything, to remember everything and have the words come out correctly.”

Recently Sellers completed a rigorous course in order to become a federally certified court interpreter — a course that Sellers said has only a 10 percent pass rate. Although Sellers has been translating in Wyoming for years — the Equality State has no certification requirements for court interpreters — her federal certification now means that she can serve as a translator in any federal case, all of which require the use of a certified translator.

“I can be called anywhere there is a federal trial, that could be here in Wyoming or elsewhere. As far as I know there are no other federally certified interpreters in the state of Wyoming so they’ve been having to call people in, mostly from Colorado but they’ve also flown people in from places like Miami,” Sellers said.

Translating for a court means understanding a veritable cornucopia of languages within languages — everything from national to regional slang, Spanish equivalents of legal terms, and everything else from weapons and drug terminology to the tiniest parts on an automobile.

“I knew a surprising amount of weapons terminology, partly because I grew up on a farm in Kansas so I’ve shot,” Sellers said. “But there are other things that were less familiar to me, like intricate vehicle parts. I’ve had to crawl under our truck before so I could look at things and better remember them.”

But being a successful court interpreter means more than just having a seemingly endless knowledge of a second language — it also means doing nothing more — and certainly nothing less — than translating languages. That means when a Spanish speaker asks Sellers what a legal term or phrase means, she immediately translates into English “What does that mean?”

“I absolutely, for the professional code of ethics, cannot offer advice or a legal opinion. I cannot do anything that would give an appearance of partiality,” Sellers explained. “That’s hard, especially in cases here where there may be no one else around who’s spoken Spanish to them since they either were arrested or had contact with the justice system. I’ve had families follow me out before, and I have to tell them, “I cannot talk to you.” It’s hard, because it comes across as rude but that’s the ethical code of the profession which, again, is why it’s important when lawyers or judges are looking for a translator that they have someone who is a professional.”

In that vein, Sellers said that she has been working with a number of local judges to get a more concrete interpreter policy installed in Wyoming.

“The state needs to have that for their own benefit and protection and also to make sure that anyone participating in the judicial system in this state can do so fully and fairly,” Sellers said.

Speaking Together in Healthcare

The US Robert Wood Johnson Foundation has published a very good toolkit for healthcare professionals explaining the need for proper language services in hospitals. The publication aims to improve the quality and availability of health care language services for patients with limited English proficiency (LEP). Ten hospitals with racially and ethnically diverse patients worked together for 18-months to study and improve their language services. This video highlights the achievements of the Speaking Together program and the important role that language services can play in eliminating disparities and improving quality in America’s health care system.

The whole toolkit, plus a videoclip, are online.

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Philadelphia Loves It

Republishing this here so as not to be accussed of bias against the whole of the US - here comes the wobbly health care from Philadelphia, and they are getting their priorities right (although the comments under the article are the same old "must speak English or die" variety).

"Methodist Healthcare System is dismantling the language barrier with a new translation system. A state-of-the-art interpretation service makes communication with anyone from any country easier.
When you are in the hospital, time is of the essence. The last thing you want to worry about is whether the health care professionals can understand you.

“It’s very frustrating if you are trying to take care of a patient and you can’t ascertain the information that you need to make the appropriate choices in their care,” said Pam Dwyer, RN, director of nursing operations.

Methodist is the first hospital system in the southern U.S. to offer this service, a connection to interpreters within 15 seconds of dialing the phone. Hospital personnel dial up an office in Philadelphia where thousands of certified medical interpreters are available to help speed up the question and answer process.

Patients are happy for the help. “They are surprised. They are happy. They feel relief,” explained Tatiana Sultzbach, manager of diversity and inclusion. “And what better way than to be able to communicate your health care issues in the language you prefer.”

Web cams enable deaf interpretation on the spot. Where there used to be delays of an hour or two for language help, that aid is now immediate.

“We love it. We absolutely love it,” stated Dwyer. “It is essential to taking care of our patients in a timely manner.”

“We’re here not only to service the people who speak English, but everybody who needs it,” added Sultzbach.

The top five languages used by Methodist so far are Spanish, Burmese, American Sign Language, Arabic and Swahili."

Funny how the comments on the article do not demand that the deaf become hearing or leave the country. Funny how people born native speakers don't see language deficiency as a disability, but as a national issue to be dealt with. And interesting, too, that when they start griping it is almost always about the Spanish-speakers.

For all your English to Arabic and vice versa translations that will help you expand your business into the Middle East visit Arabic Language Experts at http://www.arabic.com.au/.

Texas So Poor It Can't Afford Interpreters?

"Police officers arriving at a murder scene at a north side apartment complex could not speak Spanish to the residents, so a cameraman from a local TV station translated until bilingual officers arrived hours later. It is a situation that plays out across Houston several times a week as officers who speak only English rely on wrecker drivers, bystanders or victims' children to act as translators if bilingual officers are not available."

This is not a report from a third world country, or some war-torn conflict zone in the Middle Chaos. This is, ladies and gentlemen, Houston, TX. The state of the guy who was known for being less than mono-lingual, a bit oily, and into world conflicts.

Mooooo...

Makes you wonder if the recession is really so bad in the USA that the Houston Police Department cannot afford hiring professional interpreters (something the Australian Government provides for free in such cases) or whether they are so backwards that they just don't get it. The comments underneath the rather shameful article make me think it is the second.. "Why can't they learn English?" Hey, why can't you learn Vietnamese, Mr. Cowhide?

For all your English to Arabic and vice versa translations that will help you expand your business into the Middle East visit Arabic Language Experts at http://www.arabic.com.au/.

And where was the interpreter??

Good grief!

A Slovakian goal-keeper with no English and a Scottish interviewer with very little brains. It is painful to watch, but it has become an internet hit.

It's not the classic cliche of "lost in translation", but rather one of being "lost without one".

I thought soccer was an international game. Obviously not in Scotland.

For all your English to Arabic and vice versa translations that will help you expand your business into the Middle East visit Arabic Language Experts at http://www.arabic.com.au/.