The right to free interpretation under article 6 of the European Convention on Human Rights

Abstract

The Council of Europe Colloquy held in Madeira in 1983 on Human Rights of Aliens in Europe brought to the fore various problems, some of them far from small, facing aliens and especially migrant workers in Europe. The present paper seeks to focus on one particular area where the European Convention on Human Rights has afforded them effective protection. This concerns the right to free interpretation in criminal proceedings when the person charged is not, or not sufficiently, conversant with the language used in court. Article 6 paragraph 3(e) of the Convention provides that everyone charged with a criminal offence has the right "to have the free assistance of an interpreter if he cannot understand or speak the language used in court." Obviously, this right is not confined exclusively to aliens since there may be aliens who are sufficiently conversant with the language of the proceedings, and on the other hand, even a national forming part of a linguistic minority may conceivably find himself in need of protection in this regard, though in view of the modern principle of compulsory education, it is not easy to envisage a member of a linguistic minority within a member State not being sufficiently conversant with the national language. [excerpt]