By Catherine S. Namakula
Language and the correct to reasonable listening to in foreign legal Trials explores the impression of the dynamic issue of language on trial equity in overseas felony court cases. by way of empirical learn and jurisprudential research, this booklet explores the results that engaging in a tribulation in additional than one language could have for the appropriate to reasonable trial. It unearths that the language debate is as previous as overseas felony justice, yet as a result of misrepresentation of the prestige of language reasonable trial rights in overseas legislation, the controversy has no longer yielded concrete reforms.
Language is the center starting place for justice. it's the skill by which the rights of the accused are secured and exercised. Linguistic complexities equivalent to misunderstandings, translation blunders and cultural distance between members in foreign legal trials have an effect on court docket communique, the presentation and the belief of the proof, therefore jeopardizing the principles of a good trial.
The writer concludes that language reasonable trial rights are precedence rights positioned within the minimal promises of reasonable felony trial; the duty of the courtroom to make sure reasonable trial or accord the accused individual a good listening to additionally contains the obligation to make sure they could comprehend and be understood.
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Additional resources for Language and the Right to Fair Hearing in International Criminal Trials
57 See Kamatali (2005), p. 94 citing the chief prosecutor of the ICTR: ‘. often nuances were lost in the interpretation and translation process thus potentially distorting what a witness may have said or meant’. 58 Prosecutor v Ferdinand Nahimana, Jean-Bosco Barayagwiza, Hassan Ngeze ICTR-99-52-A (Media case). 59 Floyd (2005), p. 142. Floyd was counsel for Hassan Ngeze. 60 Floyd (2005), pp. 47–48. 61 Floyd (2005), p. 142. 63 The case also illustrates the difficulty and harsh realities of the exercise of court’s discretion in determining the scope of translation; practical considerations such as cost are essential but not easily reconcilable with the benchmarks of justice.
19. 15 Simultaneous translation is where the information is transferred into the second language as soon as interpreters understand a ‘unit’ of meaning; an interpreter translates the text while hearing it—Karton (2008), p. 19. 16 Australia, Canada, China, France, Great Britain, India, Netherlands, New Zealand, Philippines, Soviet Union, United States. See Horwitz (1950), pp. 488–489. 17 The Far Eastern Commission (FEC) was the top-level policy formulating body with regard to the occupation of Japan, which represented the Allied Powers led by the US, Great Britain, China, and the Soviet Union.
92 Prosecutor v Sam Hinga Norman, Moinina Fofana and Allieu Kondewa (CDF Case) SCSL-0414-AR73 Decision on Amendment of the Consolidated Indictment (16 May 2005), para 48. 93 See CDF Case SCSL-04-14-T Decision on Request by the First Accused for Leave to Appeal against the Trial Chamber’s Decision on First Accused’s Motion on Abuse of Process (24 May 2005). 94 See Staughton and Kirby (2002). 95 See Report of the UN Secretary-General on the Establishment of a Special Court for Sierra Leone Doc S/2000/915 (4 October 2000) para 59.