LIT Search Final ConferenceAntwerp, 9th and 10th November 2015

Interpreting needs from a judge’s perspective

Marc Wenske

High Court of Hamburg

Structure

I. Interpreting Needs – a Judge‘s Perspective

II. Interpreting Needs

1. Are there general needs?

2. Different fields of law – different needs?

III. Criminal Procedural Law as an Example

IV. Outlook

Judge’s Perspective

Judge’s Perspective

Interpreting needs –

determined by three main obligations of a judge

1. Establishing the truth

2. Providing a fair trial to all participants

3. Effective workflow

Interpreting Needs

General needs

Personality Professionalism

Role in proceedings

Assistance to the court

Interpreting Needs

General interpretation/translation needs

Versed in technical terms

Accuracy

Efficiency

• Medical terms (malpractice)

• Different types of companies (corporate law)

• Different residence titles (refugee law)

Interpreting Needs

Different fields of law –

Different needs?

Civil Law Administrative Law Social Security Law

Mostly paper-based

Written pleadings Expert evidence/Expertise

Information to public authorities

Essentially: Translation

Secondly: Interpretation in the courtroom

Court orders

Interpreting NeedsCriminal procedural law

-Special needs

Main difference: Principle of oral procedure

All evidence must be established and discussed in the courtroom

Interpreting Needs

Criminal procedural law-

Special needs

“Establishing the truth”

with the professional help of an interpreter

Defendant Witness/Victim Public

Interpreting NeedsCriminal procedural law

-Special needs

Providing a fair trial /Due process of law

Court conduct ofhearings

Emotions of the participants

involved

Interpreting Needs

Versed in technical terms

• Medical terms (forensic-pychiatric-examination)

• Sentencing scheme (suspended sentence / probation)

Criminal procedural law-

Special needs

Interpreting Needs

Criminal procedural law-

Special needs

Accuracy

• “no shortcuts!”

• “word by word”

• level of meaning

Interpreting Needs

• Resilience

• Self-confidence

• Stress resistance

Criminal procedural law-

Special needs

Efficiency

Interpreting Needs

• Success and efficiency depend on mood in courtroom

• choice of words is important

Criminal procedural law-

Special needs

“interpreting the mood”

”transporting the mood”

Interpreting Needs

• Especially in trials with charges of acts of terrorism i.e. IS; PKK, DHKP-C; NSU

Criminal procedural law-

Special needs

Integrity

• Disclose former clients to court (i.e. police, secret services)

• Before the trial starts: interrogation of the interpreter by the court and the defendant

Outlook

Data-Base

Content

Availability

Consistent quality standard

Education (i.e. simultanous, consecutive)

Work experience

Former clients

Contact details (mail/mobile)

Currentness

Internet

Outlook

“LIT-Search” seems to be a big aim

but:

it is an opportunity for more professionalism in trials ...

It is an opportunity for a more secure way of granting a fair trial to the parties involved in a case