Neither Able to Translate Nor Communicate: What is the Use of Court "Interpreters"? Press Conference

Regardless of a person's nationality or where they are put on trial, when language barriers arise, the right to utilize accurate and effective interpretation is an indispensable requirement for receiving a fair trial. This is not only a basic human right, but also a matter-of-course obligation of the state. Article 14, paragraph 3, subparagraph (f) of the International Covenant on Civil and Political Rights clearly stipulates: "To have the free assistance of an interpreter if he cannot understand or speak the language used in court; ...".

Although Article 98 of Taiwan's Court Organization Act stipulates: "If litigants, witnesses, expert witnesses, and other people relevant to the case are not familiar with Mandarin, the communications shall be assisted by interpreters." In reality, interpreters are completely unable to fulfill the function of "communication and translation" in the courtroom. Not only is there a lack of interpreters who understand the languages of vulnerable foreign nationals (such as migrant workers from Southeast Asia and other countries), but even proficiency in English, an international language, is entirely lacking. Furthermore, it is not uncommon for interpreters to speak Taiwanese Hokkien or Hakka less proficiently than the judges, resulting in situations where judges must prompt and correct them from the side. In successive courtroom observation records compiled by the JRF, it has been found that observers generally question the existence of "interpreters".

In fact, the presence of a professional, accurate, and effective interpreter to assist a party is closely tied to whether that party—such as a defendant in judicial proceedings—understands the charges against them, knows the details of the case, is able to cross-examine witnesses, can communicate with their attorney, and understands their rights, among other things. Professional interpreters should exist for the general public; they constitute a fundamental human right of the people rather than a tool to facilitate court trials. Abroad, the profession of court interpretation requires not only professionalism—accuracy and the ability to faithfully and unerringly convey the original meaning—but also demands that interpreters be fair without harboring biases against the parties, and maintain confidentiality without arbitrarily leaking secrets. However, in our country's judicial proceedings, the most common scenario is for foreign affairs police officers, who are responsible for making arrests, to directly serve as interpreters for the defendants they arrested.

The simultaneous, direct translation ability of interpreters, their comprehension of legal terminology, and issues such as the avoidance of conflicts of interest all directly impact whether parties can obtain a fair trial. Yet, our country's judicial administrative authorities have failed to squarely face this issue, reducing court interpreters to mere decorative fixtures of the courtroom that exist in name only.

Since current court interpreters "can neither translate nor communicate," what is the value of their existence? If they merely press a tape recorder or hand over evidence, it seems that bailiffs or court clerks could do the job, without the need to add to the personnel burden of judicial administration. Therefore, we put forward three demands:

1. The Judicial Yuan should redirect the budget allocated for interpreters toward the funding for establishing an interpreter talent pool.
2. Train interpreter personnel in legal knowledge and professional ethics.
3. Establish an independent, external interpreters association.

Enable the courts to genuinely possess the function of "interpretation," implement fair trials, and truly transform our country into a nation of human rights.

Co-signing Organizations

Awakening Foundation
Rerum Novarum Center
Hope Workers' Center
Taiwan International Workers Association
Pearl S. Buck Foundation Taiwan 
Transnational Sisters' Association
Taiwan Association for Human Rights
Catholic Diocese of Hsinchu Migrants and Immigrants Service Center 
Alies Indigine Culture Foundation 
Judicial Reform Foundation