rights to translation and interpretation is a fundamental right largely underestimated in court.

1. # NOTRANSLATION
NOJUSTICE
THE ILLUSIONARY RIGHT TO
TRANSLATION IN CRIMINAL
PROCEEDINGS
Luxembourg, EULITA 16 March 2023

2. PREREQUISITE
TO ANY OTHER
FAIR TRIAL RIGHT
art 6/3 a ECHR
art 14/3 a International
Covenant on Civil and Political
Rights
artt 47 (fair trial)
-
48
(
2
defence rights) of Charter
(
1st procedural) Directive 2010/64

3. FREE AND
ADEQUATE
LINGUISTIC ASSISTANCE
->
TO EXERCISE FULLY RIGHT OF
DEFENCE
->
SAFEGUARDING FAIRNESS

4. FREE

5. free = underpaid
Italy
7,34 € /h first 2 hours
4,07 € /h from 3rd hour
+
20% if urgency

6. ADEQUATE

7. ”right to a written translation
of all documents which are
essential to ensure that
they are able to exercise
their right of defence and to
safeguard the fairness of
the proceedings”
art 3 Directive 64/2010

8. Italy
need for interpretation /
translation (in fact) assessed
by police officers
no control about
competence of “judicial”
interpreters and translators

9. “sea rescue trial”
27.000
+
pages investigation case file
German defendants

12. “rights that are practical
and effective,not
theoretical or illusory”
European Court of Human Rights, Artico vs. Italia, 1980