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THE BELGIAN/FLEMISH CASEKATALIN BALOGHHEIDI SALAETS

IMPROVING POLICE AND LEGAL

INTERPRETING(JLS/2010/JPEN/AG)

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• Introduction: directive 2010/64/EU

• Belgium /Flanders

• Case : Antwerp (Lessius)

• Conclusions

• Recommendations

OUTLINE

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• Article 2 (1): Suspected or accused persons who do not speak or understand the language of the criminal proceedings concerned are provided, without delay, with interpretations during criminal proceedings before investigative and judicial authourities, including during police questioning, all court hearings and any necessary interim hearings

ImPLI = pre-trial phase

Directive 2010/64/EU

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• Recital 17, 24 and 26: - adequate linguistic assistance […] to exercise

the right of defence and safeguarding the fairness of the proceedings.

- Member states should ensure that control can be exercised over the adequacy of the interpretation and translation

- When the quality of the interpretation is considered insufficient to ensure the right to a fair trial, the competent authorities should be able to replace the appointed interpreter

Directive 2010/64/EU

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• Introduction: directive 2010/64/EU

• Belgium /Flanders

• Case : Antwerp (Lessius)

• Conclusions

• Recommendations

OUTLINE

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• 3 official languages: Dutch, French , German• Use of languages in court proceedings:

language act of 15 June 1935“court documents are drafted and justice is dispensed in a single language” justice in Fr/Du/Ge in the corresponding

language areas 1 single language (from summons to the

enforcement of the judgment) = language of the seat of the court

1 language in pre-trial phase

Belgium/Flanders: legal basis

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• Language determined by the person being heard right to use his mother tongue

• Sworn interpreter must be made available

• “Free of charge” = costs borne by the state

Belgium/Flanders: legal basis

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• No legal provisions that clearly define “knowledge of the Dutch language” WHEN a person is entitled to have an interpreter??

• NO specific Belgian legislation governing court/sworn interpreters (Language act, Code of Criminal procedure, Civil procedure , European Arrest Warrant only mention the interpreter)

profession of LIT (legal interpreters and translators) can NOT be regulated

no sanctions possible for using the title of sworn interpreter improperly

However …

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• Introduction: directive 2010/64/EU

• Belgium /Flanders

• Case : Antwerp (Lessius)

• Conclusions

• Recommendations

OUTLINE

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GVT (= LIT) project = co-operation between court, police, bar association, Lessius/KULeuven

Prof. Erik Hertog: pioneer

dr. Katalin Balogh , dr. Heidi Salaets: responsibles

4 stages:1 Entrance exam - admission2 Training3 Final exam4 Inclusion on the list

Antwerp - Lessius

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● Dutch test● Foreign language interpreting● Foreign language translating :

– Dutch – foreign language– Foreign language- Dutch

1. Admission

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1. Legal education and professional ethics

● Introduction to law● Criminal law and code of criminal

procedure● Civil law, family law, juvenile law● Ethics (impartiality, professional

confidentiality, code of conduct…)

2. Training: five modules

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2. Legal Dutch and terminology

3. Legal methodology and heuristic● Search strategies for legislation, case law

and legal doctrines● Information technology

2. Training: five modules

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4. Police module (! ImPLI)● Police structure● Role of the interpreter ● Special assignments (investigation of

the crime scene, reconstruction, searches of premises, wiretap)

● Police hearings and techniques employed

● Role plays

2. Training: five modules

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5. Court interpreting and translating

● Basic skills (attitude, stress, cultural differences, ...)

● Interpreting techniques (simultaneous, consecutive, whispered interpreting, sight translation)

● Translation techniques (linguistic analysis of legal texts, study of sources of law, terminology)

2. Training: five modules

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● Written exam on legal issues (heuristic, knowledge of the legal system, terminology)

● Interpreting:– Consecutive interpreting (short and long with notes)– Whispered simultaneous interpreting– Sight translation

● Translating:– Translation of a legal text

● Dutch – foreign language● Foreign language - Dutch

3. Final exams

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• 3 tests for translation part :- Translation test- Revision test- Recognition test (wrong – right answers)• Strict guidelines for assessment of skills

and B2 language-level (CEFR) meeting and documents for assessors

Final exams: assessment

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• 1 test for interpreting part : role play with

- Short consecutive (memory)- Long consecutive (notes)- Simultaneous whispering- Sight translation• Strict guidelines for assessment of skills

and B2 language-level (CEFR) meeting and documents for assessors

Final exams: assessment

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• Assessment grids- 1 for language assessor- 1 for legal professional

• Guidelines to fill in the grids (very good – good – poor = ???)

• Overview of requirements of B2-language level (oral)

Namely …

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• With similar scenarios in the role-plays- X number of legal terms- X number of ethical problems- 4 intepreting skills tested

Namely …

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• To obtain a valid and reliable screening Valid : the exam tests what it pretends to test namely legal knowledge, interpreting and translation skills)Reliable : same results if submitted several times)• Not a normbased assessment but

CRITERION based assessment: criterion = to have the necessary skills and knowledge to start the profession

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Very few people enjoy being assessed, but if candidates feel the process is transparent and fair, then they will, with luck, regard it as a necessary experience. (Maxwell-Hyslop, H., (2011),BMT, 52-61)

So …

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+/- 1500 candidates for the entrance exam+/- 600 start training+/- 500 successful

Link with the court: inclusion on list of sworn translators and interpreters

Results 2000-2011

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In the court: : +/- 1000 people – 53 different languages

● Includes:– Training– Recommendation of Public Prosecutor’s Office– Swearing in and signing of ethical code

List of sworn translators and interpreters

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• Introduction: directive 2010/64/EU

• Belgium /Flanders

• Case : Antwerp (Lessius)

• Conclusions

• Recommendations

OUTLINE

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Conclusions

Provide without delay with interpretations (…) including duringpolice questioning

Adequacy of interpretation/translation

Adequate linguistic assistance

Fairness of proceedings

Fair trial

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1. give institutes who train interpreters the opportunity to better understand the interviewing techniques developed by police, customs and prosecution enhance training methods OK2. to inform police and prosecution officers about interpreting techniques and role to help them in their job enhance questioning efficiency OK??

ImPLI-objective = twofold

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• New programme for police inspectors: 18 months (in stead of 12)

• Antwerp Police Academy is testcase • Lobby: to have a module on interpreter

mediated questioning, recruitment of professional interpreters, their role and code of ethics etc.

Police academy

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• Introduction: directive 2010/64/EU

• Belgium /Flanders

• Case : Antwerp (Lessius)

• Conclusions

• Recommendations

OUTLINE

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For trainers of interpreters and police

Principal recommendations

ORGANIZE JOINT TRAINING MODULES FOR APPRENTICE POLICEMEN AND

APPRENTICE INTERPRETERS (article 6 of the Directive)

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Other legal professionals to raise awareness on the importanceof working with professional LITsResults (see example ImPLI video Antwerp): - Professional attitude of the interpreter

who knows how to behave after training & following his code of conduct

- Professional attitude of the police inspector who knows the role of the interpreter & knows how to act accordingly

Extend it to …

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https://dl.dropbox.com/u/87069413/ImPLI%20Lessius%20Final_MPEG%204%20DEF_01-09-2012%2800h06m04s-00h08m02s%29.mp4

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Thank you for your

attention!