IAJ concurrently runs a number of study commissions. This is the second study commission about civil law and procedure. We would greatly appreciate your participation. Please confirm your willingness to complete the questionnaire and send your responses to Gerard. Many thanks. Nga mihi.
For 2020, the third study commission, which focuses on criminal law, decided to study communication in the criminal courtrooms. This topic should cover different aspects of communication including questions related to interpreters and the communication of judges with non-legally educated participants to the procedure.
In order to facilitate discussion and to assist us in learning from colleagues, we ask that each country answer the following questions:
A. Interpretation in criminal courts
1) What criteria must be met for an interpreter to be appointed? Does this differ if it is for a party to the case, or a witness?
2) Is the interpretation limited to certain languages?
3) Who appoints the interpreter?
4) Are there standard requirements for the quality of the interpretation or qualifications of the interpreter? If so, how does the judge ensure compliance? In any event, how does the judge ensure that the interpretation is accurate and meets good standards?
5) Are there legal obligations for court interpreters?
6) For the main hearing of the case is the translation for the whole hearing or only part of the hearing? If it is only part, which parts, and why is the whole hearing not translated?
B. The importance of good interpretation and good communication for the verdict?
7) Assuming that the quality of interpretation could affect the outcome of a case:
7a) Do you consider this applies more in certain types of cases than others and, if so, what types of cases?
7b) Is it a problem that can be remedied, or a problem that the judiciary must live with? And if yes, how do we secure that no one is wrongfully convicted?
8) Is there a risk that people who have difficulty explaining themselves, possibly due to low intelligence or poor education, suffer disadvantages at the court? If yes, what remedies exist?
9) Is intercultural communication a subject of training for judges or part of the instruction of juries?
C. Nonverbal communication in the courtroom
10. Can the body language of accused persons, victims or witnesses influence the outcome of a case?
11. Is nonverbal communication a subject of training for judges or part of the instruction of juries?