1. www.videoconference-interpreting.net AVIDICUS Videoconferencing and Interpreting in Criminal Proceedings: Research Findings and Initial Recommendations from the AVIDICUS Project Dr Sabine Braun Centre for Translation Studies University of Surrey s.braun@surrey.ac.uk Antwerp, 18-20 October 2012 TRAFUT Workshop 4 Dr Katalin Balogh Lessius Antwerp K.U.Leuven Katalin.Balogh@lessius.eu

2. www.videoconference-interpreting.net AVIDICUS Videoconferencing and interpreting in criminal proceedings

3. www.videoconference-interpreting.net AVIDICUS Videoconferencing and interpreting in criminal proceedings

4. www.videoconference-interpreting.net AVIDICUS Interpreting in a videoconference (“Videoconference interpreting”)  The primary participants are at two different locations in cross-border proceedings, e.g. hearing of a remote witness in another country in national proceedings, e.g. links between courts and police stations or prisons  The interpreter is either at the main site ….. Videoconferencing and interpreting in criminal proceedings

5. www.videoconference-interpreting.net AVIDICUS Interpreting in a videoconference (“Videoconference interpreting”)  … or with the non-native speaker Reason for videoconference use: primary participants are in different locations Videoconferencing and interpreting in criminal proceedings

6. www.videoconference-interpreting.net AVIDICUS Videoconferencing and interpreting in criminal proceedings

7. www.videoconference-interpreting.net AVIDICUS Videoconferencing and interpreting in criminal proceedings

8. www.videoconference-interpreting.net AVIDICUS Remote interpreting  All primary participants together in a single location (e.g. in a police station)  Interpreter at a different location (e.g. in a central interpreting hub) Videoconferencing and interpreting in criminal proceedings Reason for videoconference use: the interpreter is a different location

9. www.videoconference-interpreting.net AVIDICUS Directive – Article 2 Right to interpretation 1.Member States shall ensure that suspected or accused persons who do not speak or understand the language of the criminal proceedings concerned are provided, without delay, with interpretation during criminal proceedings before investigative and judicial authorities, including during police questioning, all court hearings and any necessary interim hearings. 6.Where appropriate, communication technology such as videoconferencing, telephone or the Internet may be used, unless the physical presence of the interpreter is required in order to safeguard the fairness of the proceedings. 8.Interpretation […] shall be of a quality sufficient to safeguard the fairness of the proceedings. Videoconferencing and interpreting in criminal proceedings Remote Interpreting Quality

10. www.videoconference-interpreting.net AVIDICUS AVIDICUS

11. www.videoconference-interpreting.net AVIDICUS = Assessment of Video-Mediated Interpreting in the Criminal Justice Services Aims: Identify the situations where video-mediated interpreting would be most efficient from a criminal proceedings point of view Assess the viability and quality of video-mediated interpreting in these situations from an interpreting point of view Formulate a set of guidelines for the use of video-mediated interpreting Develop and implement training modules on video-mediated interpreting Partners: University of Surrey (UK), Lessius University (BE), Local Police Antwerp (BE), Institut Télécom (FR), Dutch Ministry of Justice (NL), Dutch Legal Aid Board (NL), Polish Society of Sworn and Specialised Translators TEPIS (PL), Ann Corsellis (internal evaluator) AVIDICUS 1 and 2 ----

12. www.videoconference-interpreting.net AVIDICUS = Assessment of Video-Mediated Interpreting the Criminal Justice System Work conducted: Review of current practice and future demand of video-mediated interpreting (VMI) Review of available reports/literature on VMI in legal and other contexts European survey among legal institutions (32 responses from 14 EU countries) European survey among legal interpreters (201 responses from 22 EU countries and 9 countries outside the EU) Comparison of traditional interpreting and video-mediated interpreting Comparative studies: assessment of interpreting quality, dynamics of communication. Guidelines for use of video-mediated interpreting Training for legal practitioners and interpreters AVIDICUS 1 and 2 ----

13. www.videoconference-interpreting.net AVIDICUS Review of current practice and future demand

14. www.videoconference-interpreting.net AVIDICUS Total: 166 interpreter responses; done VCI and/or RI: 150; never done VCI or RI: 16 (multiple answers possible) Review of current practice and future demand A variety of settings

15. www.videoconference-interpreting.net AVIDICUS When you used VCI/RI in the criminal justice system, in which of the following stages was a video link used? Review of current practice and future demand Total: 150 interpreter responses (multiple answers possible) A variety of settings

16. www.videoconference-interpreting.net AVIDICUS Stakeholder views Discrepancies between the views of judicial services and interpreters. Respondents from judicial services are more willing to embrace video-mediated interpreting than interpreters; challenges of video-mediated interpreting are underestimated. Interpreters’ responses reveal a marked tension between objective difficulties of video-mediated interpreting and resistance to change (feeling of exclusion from implementation process; fear of loss in interpreting quality, pay losses and dogged dependence on technology. Very little is known about the views of the defendants, victims, witnesses (i.e. the other-language speakers). Legal representatives have voiced concerns over VC use. Review of current practice and future demand

17. www.videoconference-interpreting.net AVIDICUS Review of current practice and future demand don’t agree = 5 = totally agree Interpreters’ responses

18. www.videoconference-interpreting.net AVIDICUS Review of current practice and future demand How would you rate your RI performance (in CJ) – by age range? Interpreters’ responses

19. www.videoconference-interpreting.net AVIDICUS Comparison: traditional and video-mediated interpreting

20. www.videoconference-interpreting.net AVIDICUS Method Three test sites: University of Surrey (UK), Lessius University (BE), TEPIS (PL) Eclectic approach to the collection and analysis of the data, albeit with a common core, which consisted of the following elements: 1) All comparative studies – comparing the various forms of video-medited interpreting with traditional interpreting 2) All studies based on simulations, using legal practitioners, interpreters and role players as suspects or witnesses. 3) Focus on the early stages of proceedings 4) Focus should be on small-group communication as a first step A total of 41 interpreting sessions was conducted, of which 12 included remote interpreting, 14 used the two variants of videoconference interpreting and 15 involved face-to-face interpreting. Comparison: traditional and video-mediated interpreting

21. www.videoconference-interpreting.net AVIDICUS Outcomes Generally speaking, in spite of using partially different methodologies and assessment methods, the three comparative studies came to very similar results with regard to the interpreting quality. All forms of video-mediated interpreting found to magnify known problems of (legal) interpreting to a certain extent, e.g. omissions, additions, distortions, lexical/terminological problems, paralinguistic problems, turn-taking problems. problems associated with processing capacity (e.g. hesitations and repairs). Comparison: traditional and video-mediated interpreting

22. www.videoconference-interpreting.net AVIDICUS Main results Surrey: 16 police interviews (8 with face-to-face interpreting, 8 with RI; 67000 words in total) ; distribution of problems (in brackets: average per interview) FTFRI RI / FTF FTF=100% Inaccuracies89 (11.1)110 (13.8) 124% Omissions68 (8.5)108 (13.5) 159% Additions10 (1.3)29 (3.6) 290% Linguistic problems: lexis/terminology, idiomaticity, grammar, style/register, coherence, language mixing 204 (25.5)260 (32.5) 127% Paralinguistic problems 1: articulation, hesitation, repetition 316 (39.5)417 (52.1) 132% Paralinguistic problems 2: false start, self-repair 261 (32.6)287 (34.9) 110% Turn-taking problems34 (4.3)110 (13.8) 324% Comparison: traditional and video-mediated interpreting

23. www.videoconference-interpreting.net AVIDICUS Correlations between categories Strong correlation between turn-taking problems (overlapping speech) and omissions; stronger in RI. Surrey study: Traditional interpreting: 3 of the 34 turn-taking problems (i.e. 9%) entailed an omission of information in the target text. Remote interpreting: at least 16 of the 110 turn-taking problems (i.e. 15%) caused an omission. Det:Et je travaillais à H et M l'année passée, à *mi-temps* [And I worked for H and M last year part-time.] Intp:*Last year*, I, I worked with H and M. Comparison: traditional and video-mediated interpreting

24. www.videoconference-interpreting.net AVIDICUS Distribution of problems Comparison: traditional and video-mediated interpreting

25. www.videoconference-interpreting.net AVIDICUS Conclusions

26. www.videoconference-interpreting.net AVIDICUS At present, video-mediated interpreting is challenging. However, adaptation and familiarisation with video-mediated interpreting is yet to take place; hence initial reports on problems may be as ‘exaggerated’ as oversimplified claims that there are no problems at all. Crucial tasks for further research: identify problems that prevail after familiarisation; isolate variables; specify conditions that help to improve quality Urgently required: informed dialogue between all parties involved; awareness-raising, education and training  Directive emphasises training of legal practitioners in “the particularities of communicating with the assistance of an interpreter” (Art. 6) – training in videoconferencing and interpreting is important as videoconferencing is becoming more prevalent. Conclusions

27. www.videoconference-interpreting.net AVIDICUS Guidelines for criminal justice services

28. www.videoconference-interpreting.net AVIDICUS Guidelines

29. www.videoconference-interpreting.net AVIDICUS “On the basis of a survey and a comparative study led by the AVIDICUS Project, practical guidelines have been identified which could facilitate the use of videoconferencing and remote interpreting in the judicial systems of the Member States. On 16-17 February 2012, the Presidency organised a seminar specifically dedicated to videoconferencing, which took place in Copenhagen. As a follow up on these two elements, it has been suggested to update the Guide on videoconferencing in cross-border proceedings which was published by the General Secretariat of the Council and which is currently available on the e-Justice Portal. “ 32 a. In order to overcome the difficulties of videoconferencing coupled with interpretation and the negative perceptions which could exist among the practitioners, the following recommendations on how to implement and use video-mediated interpreting could prove helpful: Guidelines

30. www.videoconference-interpreting.net AVIDICUS A. The planning, procurement and installation of VC equipment -Needs should be identified: Specific settings, such as who talks to whom, who needs to see whom, should be mapped out. - Expertise should be involved at the planning stage: It is highly important that the planning involves interpreting/linguistic, legal and technological experts to work out the specifics of the setting. - High quality technology should be used: High-quality sound and video should be provided for all parties involved and additional equipment for the interpreter as required; a separate document camera (for the presentation of documents, images and other material that can facilitate interpreting) should be used. Note that simultaneous interpreting has specific requirements for (higher) audio and video quality and lip synchronisation than consecutive interpreting. -A ‘trial and error’ phase should be run: Especially before any large-scale purchase, implementation and roll-out of videoconferencing equipment. Critical instances in the communication process should be identified and the necessary adjustments made. -A stage-by-stage introduction of new technology should be allowed: Low-impact cases should be started with, in order to evaluate the effect of the technology at each stage and to assess the implications for the next stage. -An appropriate work environment should be provided for the interpreter: Such as an ergonomic and quiet work environment and allowing the interpreter to control the equipment.

31. www.videoconference-interpreting.net AVIDICUS B. Enhancing the smooth use of videoconferencing and interpreting -Qualified participants and interpreters should be used: Appropriately qualified interpreters and legal staff members who are experienced in working with interpreters should be used to ensure a quality sufficient to safeguard the fairness of the proceedings. -Training should be offered to the interpreters and legal staff: An early-stage induction before rolling out the technology should be offered. Continuous professional training should then be available (including awareness of wider context, mastery of technology, communicative situation and supportive techniques such as stress management). -Risk-assessment procedures should be agreed upon: Procedures for deciding whether or not a video link in combination with interpreting is appropriate should be used and experienced interpreters should be consulted. -Guidelines/protocols should be developed: These should specify who is responsible e.g. for booking, timing, testing, starting and controlling the connection; describe the procedure before, during and after the session (briefing of interpreter, beginning of session, introductions, rules during session, debriefing) for all participants. -Provisions for breakdown should be made: A protocol for communication or technological breakdown should be developed as it should not be left to the interpreter to resolve breakdowns. -Code of best practice: Judicial services, legal practitioners and interpreter associations should continue to cooperate to improve joint codes of best practice for videoconference-based interpreting.

32. www.videoconference-interpreting.net AVIDICUS About us and contact AVIDICUS AVIDICUS 1 – JLS/2008/JPEN/037, 2008-2011 AVIDICUS 2 – JUST/2010/JPEN/AG/1558, 2011-2013 Website: http://www.videoconference-interpreting.net Contact: Dr Sabine Braun, s.braun@surrey.ac.uks.braun@surrey.ac.uk Project consortium (AVIDICUS 1 and 2): University of Surrey (UK) (co-ordinator), Lessius University (BE), Local Police Antwerp (BE), Institut Télécom (FR), Dutch Ministry of Security and Justice (NL), Dutch Legal Aid Board (NL), Polish Society of Sworn and Specialised Translators TEPIS (PL), Ann Corsellis (UK) © 2012 AVIDICUS This presentation was produced with financial support from the Criminal Justice Programme European Commission - Directorate- General Justice. The views expressed in this material are the sole responsibility of the author and do not necessarily reflect the views of the European Commission.