1. Improving police and legal interpreting (JLS/2010/JPEN/AG)
The belgian/flemish case
Katalin Balogh
Heidi Salaets

2. OUTLINE Introduction: directive 2010/64/EU Belgium /Flanders
Case : Antwerp (Lessius)
Conclusions
Recommendations

3. Directive 2010/64/EU ImPLI = pre-trial phase
Article 2 (1): Suspected or accused persons who do not speak or understand the language of the criminal proceedings concerned are provided, without delay, with interpretations during criminal proceedings before investigative and judicial authourities, including during police questioning, all court hearings and any necessary interim hearings
ImPLI = pre-trial phase

4. Directive 2010/64/EU Recital 17, 24 and 26:
adequate linguistic assistance […] to exercise the right of defence and safeguarding the fairness of the proceedings.
Member states should ensure that control can be exercised over the adequacy of the interpretation and translation
When the quality of the interpretation is considered insufficient to ensure the right to a fair trial, the competent authorities should be able to replace the appointed interpreter

5. OUTLINE Introduction: directive 2010/64/EU Belgium /Flanders
Case : Antwerp (Lessius)
Conclusions
Recommendations

6. Belgium/Flanders: legal basis
3 official languages: Dutch, French , German
Use of languages in court proceedings: language act of 15 June 1935
“court documents are drafted and justice is dispensed in a single language”
justice in Fr/Du/Ge in the corresponding language areas
1 single language (from summons to the enforcement of the judgment) = language of the seat of the court
1 language in pre-trial phase

7. Belgium/Flanders: legal basis
Language determined by the person being heard  right to use his mother tongue
Sworn interpreter must be made available
“Free of charge” = costs borne by the state

8. However …
No legal provisions that clearly define “knowledge of the Dutch language”  WHEN a person is entitled to have an interpreter??
NO specific Belgian legislation governing court/sworn interpreters (Language act, Code of Criminal procedure, Civil procedure , European Arrest Warrant only mention the interpreter)
profession of LIT (legal interpreters and translators) can NOT be regulated
no sanctions possible for using
the title of sworn interpreter improperly

9. OUTLINE Introduction: directive 2010/64/EU Belgium /Flanders
Case : Antwerp (Lessius)
Conclusions
Recommendations

10. Antwerp - Lessius GVT (= LIT) project =
co-operation between court, police, bar association, Lessius/KULeuven
Prof. Erik Hertog: pioneer
dr. Katalin Balogh , dr. Heidi Salaets: responsibles
4 stages:
1 Entrance exam - admission
2 Training
3 Final exam
4 Inclusion on the list

11. 1. Admission Dutch test Foreign language interpreting
Foreign language translating :
Dutch – foreign language
Foreign language- Dutch

12. 2. Training: five modules
1. Legal education and professional ethics
Introduction to law
Criminal law and code of criminal procedure
Civil law, family law, juvenile law
Ethics (impartiality, professional confidentiality, code of conduct…)

13. 2. Training: five modules
2. Legal Dutch and terminology
3. Legal methodology and heuristic
Search strategies for legislation, case law and legal doctrines
Information technology

14. 2. Training: five modules
4. Police module (! ImPLI)
Police structure
Role of the interpreter
Special assignments (investigation of the crime scene, reconstruction, searches of premises, wiretap)
Police hearings and techniques employed
Role plays

15. 2. Training: five modules
5. Court interpreting and translating
Basic skills (attitude, stress, cultural differences, ...)
Interpreting techniques (simultaneous, consecutive, whispered interpreting, sight translation)
Translation techniques (linguistic analysis of legal texts, study of sources of law, terminology)

16. 3. Final exams
Written exam on legal issues (heuristic, knowledge of the legal system, terminology)
Interpreting:
Consecutive interpreting (short and long with notes)
Whispered simultaneous interpreting
Sight translation
Translating:
Translation of a legal text
Dutch – foreign language
Foreign language - Dutch

17. Final exams: assessment
3 tests for translation part :
Translation test
Revision test
Recognition test (wrong – right answers)
Strict guidelines for assessment of skills and B2 language-level (CEFR)  meeting and documents for assessors

18. Final exams: assessment
1 test for interpreting part : role play with
Short consecutive (memory)
Long consecutive (notes)
Simultaneous whispering
Sight translation
Strict guidelines for assessment of skills and B2 language-level (CEFR)  meeting and documents for assessors

19. Namely … Assessment grids 1 for language assessor
1 for legal professional
Guidelines to fill in the grids (very good – good – poor = ???)
Overview of requirements of B2-language level (oral)

20. Namely … With similar scenarios in the role-plays
X number of legal terms
X number of ethical problems
4 intepreting skills tested

21. To obtain a valid and reliable screening
Valid : the exam tests what it pretends to test namely legal knowledge, interpreting and translation skills)
Reliable : same results if submitted several times)
Not a normbased assessment but CRITERION based assessment: criterion = to have the necessary skills and knowledge to start the profession

22. So …
Very few people enjoy being assessed, but if candidates feel the process is transparent and fair, then they will, with luck, regard it as a necessary experience. (Maxwell-Hyslop, H., (2011),BMT, 52-61)

23. Results
+/ candidates for the entrance exam +/- 600 start training +/- 500 successful Link with the court: inclusion on list of sworn translators and interpreters

24. In the court: : +/- 1000 people – 53 different languages Includes:
List of sworn translators and interpreters
In the court: : +/ people – 53 different languages
Includes:
Training
Recommendation of Public Prosecutor’s Office
Swearing in and signing of ethical code

25. OUTLINE Introduction: directive 2010/64/EU Belgium /Flanders
Case : Antwerp (Lessius)
Conclusions
Recommendations

26. Conclusions
Provide without delay with interpretations (…) including during
police questioning
Adequate linguistic assistance
Adequacy of interpretation/translation
Fairness of proceedings
Fair trial

27. ImPLI-objective = twofold
1. give institutes who train interpreters the opportunity to better understand the interviewing techniques developed by police, customs and prosecution  enhance training methods  OK 2. to inform police and prosecution officers about interpreting techniques and role to help them in their job  enhance questioning efficiency  OK??

28. Police academy
New programme for police inspectors: 18 months (in stead of 12)
Antwerp Police Academy is testcase
Lobby: to have a module on interpreter mediated questioning, recruitment of professional interpreters, their role and code of ethics etc.

29. OUTLINE Introduction: directive 2010/64/EU Belgium /Flanders
Case : Antwerp (Lessius)
Conclusions
Recommendations

30. of interpreters and police
Principal recommendations
For trainers
of interpreters and police
ORGANIZE JOINT TRAINING MODULES FOR APPRENTICE POLICEMEN AND APPRENTICE INTERPRETERS (article 6 of the Directive)

31. Results (see example ImPLI video Antwerp):
Extend it to …
Other legal professionals
to raise awareness on the importance
of working with professional LITs
Results (see example ImPLI video Antwerp):
Professional attitude of the interpreter who knows how to behave after training & following his code of conduct
Professional attitude of the police inspector who knows the role of the interpreter & knows how to act accordingly

33. Thank you for
your attention!