ABSTRACT
The right to an interpreter is part and parcel of the EU Roadmap for strengthening procedural rights of suspected or accused persons in criminal proceedings. Directive 2010/64/EU on the right to interpretation and translation in criminal proceedings lays down common minimal rules on this fair trial right. Arguably, the directive could be seen as a push towards the institutionalisation of interpreting and the professionalisation of interpreters in criminal proceedings. Assuming that vulnerability makes it difficult for a suspect or accused to understand or follow the content or meaning of the proceedings, the interpreter could be seen as a gateway to facilitate such understanding. Indeed, the interpreter enables someone who does not (sufficiently) speak the language of the proceedings to exercise their procedural rights. In this regard, the institutionalisation and professionalisation of the right to an interpreter seem necessary to guarantee the effective and practical enjoyment of that safeguard. However, the directive does not expand on the institutional expectations of, and constraints on, the interpreter. What governs the interpreter in their role and to what extent can they facilitate understanding? This contribution sketches out the governing framework and juxtaposes it with the needs and expectations of the different actors during interpreter-mediated encounters. Indeed, there are many different perspectives, contexts and constellations in which interpreter-mediated encounters take place throughout criminal proceedings. In this chapter we critically reflect on the (lack of) underlying assumptions and definitions as to what the role of the interpreter is – in particular, in light of the vulnerability of foreign-language suspects or defendants. We elucidate and build our reflections on the basis of empirical research that seeks to clarify the perspectives of the different actors involved in interpreter-mediated interaction in the legal sphere. In particular, attention is paid to the findings of semi-structured interviews with prison inmates and children.
