COURT AND POLICE INTERPRETING IN BELGIUM
In February 2009, the investigation into the stabbing of 16 children and their teacher in a Belgian kindergarten reached its peak. The teacher and two of the children died at the scene as 20-year-old Kim De Gelder (photo 1) went on the rampage. Photographers were allowed at the court of the town of Derdemonde in East Flanders, where the chief investigator held a brief press conference. And so was I. I was on a three-day course on interpreting in the Belgian justice system, and the only restriction imposed by the court was that we should keep away from the building’s fire exits.
The court seemed busy and well organised. Interpreters are gathered in a small interpreters’ group, located in a designated foyer in the main building. Prior to the court hearing for which they were assigned, they had to store their belongings and enter the court room with nothing in their hands. Defendants were brought from the custody and these court hearings were closed to the public. They last only 5-10 minutes. On the completion of their assignments, the interpreters submit their claim forms to the court accountant and receive payment that same day.
(photo 3 )
Derdemonde is a small town in the Flemish province of east Flanders. Three years ago, following the events of August 19th, this town gained hudge fame. On that day 28 prisoners managed to escape Dendermonde prison. They tied all their sheets together, climbed over the wall, jumped on a phone booth and ran away. Seven of them were captured, a few have been found in Russia and Italy, however there are some that are still in Belgium. The prisoners managed to escape because the lock was old and rusty. I did not have time to ask if photo-taking was allowed.
In February 2009, the investigation into the stabbing of 16 children and their teacher in a Belgian kindergarten reached its peak. The teacher and two of the children died at the scene as 20-year-old Kim De Gelder (photo 1) went on the rampage. Photographers were allowed at the court of the town of Derdemonde in East Flanders, where the chief investigator held a brief press conference. And so was I. I was on a three-day course on interpreting in the Belgian justice system, and the only restriction imposed by the court was that we should keep away from the building’s fire exits.
The court seemed busy and well organised. Interpreters are gathered in a small interpreters’ group, located in a designated foyer in the main building. Prior to the court hearing for which they were assigned, they had to store their belongings and enter the court room with nothing in their hands. Defendants were brought from the custody and these court hearings were closed to the public. They last only 5-10 minutes. On the completion of their assignments, the interpreters submit their claim forms to the court accountant and receive payment that same day.
(photo 3 )
Derdemonde is a small town in the Flemish province of east Flanders. Three years ago, following the events of August 19th, this town gained hudge fame. On that day 28 prisoners managed to escape Dendermonde prison. They tied all their sheets together, climbed over the wall, jumped on a phone booth and ran away. Seven of them were captured, a few have been found in Russia and Italy, however there are some that are still in Belgium. The prisoners managed to escape because the lock was old and rusty. I did not have time to ask if photo-taking was allowed.
(photo 2 )
My next stop was Ghent, which is the main city in East Flanders. In the Middle Ages Ghent was one of the largest and wealthiest cities of northern Europe, today it is a busy city with a port, university and a new Law Court . The new Law Court was built in 2006 with a total square of 55.000 m² . The cost of 140 million Euro was partially subsidised by the EU. This massive building resembles the Manchester Crown Court, however it is slightly bigger. Up to 240 hearings take place every day.
My next stop was Ghent, which is the main city in East Flanders. In the Middle Ages Ghent was one of the largest and wealthiest cities of northern Europe, today it is a busy city with a port, university and a new Law Court . The new Law Court was built in 2006 with a total square of 55.000 m² . The cost of 140 million Euro was partially subsidised by the EU. This massive building resembles the Manchester Crown Court, however it is slightly bigger. Up to 240 hearings take place every day.
The Belgium police and justice systems differ from those in England and Wales, although working as a police and court interpreter in Belgium carries almost the same activities and obligations as it does in Britain. Arrests in Belgium are ordered by a prosecutor and carried out by the police. An investigation takes place at the police station by a “judge-investigator”, who authorises a five-day detention if there is enough evidence.
The police interview is recorded on a computer, but not on a tape, video tape or DVD. After five days, the defendant attends a hearing, which is not open to the public. The hearing is carried out by one “judge-prosecutor”, who decides whether the defendant needs to be remanded in prison for a further month or can be released on bail.
The name of the interpreter, present at the police interview and the court hearing, is withheld from the public and disclosed only on the police/court database. This was launched to prevent intimidation and violence toward interpreters. To work as an interpreter in Belgium, one has to attend a ceremony at the municipality and take the so-called a Public Law Oath. This is in addition to the language-related certificates one has to produce. Interpreters but also be registered. There is no NRPSI in Belgium; instead there are 27 registers that correspond to the 27 regions of Belgium. Each register keeps its own database of sworn court/police interpreters. There are not interpreting agencies either, the Police and the Law Court keep direct contact with the interpreters.
Apart for assignments for the police and courts, interpreters working in the justice system undertake assignments for the Social Services and the Immigration Office. They may be invited to take part in the reconstruction of murders, to translate emails or to interpret taped telephone calls.
There are no Magistrates’ Courts, and it is the “Court of Punishment” that is the first-instance criminal court, where the bench of one or three qualified judges decides the outcome of the case. The-second instance court is the Court of Appeal.
The Belgian Justice system indeed does offer court interpreters in many different languages, it however does not provide leaflets, translated in 41 different languages (like in Britain) - one is obligated to speak either Flemish, or French, regardless of their ethnic group.
The next difference is that under the PACE (police and criminal evidence Act in the UK), in most cases in England and Wales the police interviews are recorded. Belgians however do not have PACE and their police interviews are only recorded on computers. This is similar to the written form of police interviews, which take place on some occasions in our country and does not underestimate the interpreter’s role.
It would not be fair for me to say which of the two systems is better and which is most favourable for interpreters. Both the English and the Belgian Justice systems have their own advantages and disadvantages. Like in the UK, the court interpreters in Belgium have an important role for society and are treated with care and respect. Although their qualifications and entryrequirements differ from those in the UK (for instance Belgian interpreters do not need to hold a DPSI), the evidence or lack of evidence for their CPD are annually monitored.
The next difference is that under the PACE (police and criminal evidence Act in the UK), in most cases in England and Wales the police interviews are recorded. Belgians however do not have PACE and their police interviews are only recorded on computers. This is similar to the written form of police interviews, which take place on some occasions in our country and does not underestimate the interpreter’s role.
It would not be fair for me to say which of the two systems is better and which is most favourable for interpreters. Both the English and the Belgian Justice systems have their own advantages and disadvantages. Like in the UK, the court interpreters in Belgium have an important role for society and are treated with care and respect. Although their qualifications and entryrequirements differ from those in the UK (for instance Belgian interpreters do not need to hold a DPSI), the evidence or lack of evidence for their CPD are annually monitored.
1.The British are suppressed by the Data Protection Act (rightly or wrongly) and taking photographs in a Law Court will probably never happen for the foreseen future.
2.Taking into account how small some language communities are, I think it is worth considering withholding the interpreter’s name (at least) from the charge list and instead - recording his/her NRPSI number. This is to protect the interpreter’s ID and to make our life and profession safer.
Has my experience in Belgium changed me? I hope so. Regrettably I was there for such a short time, but constantly analysing and I hope this article is a small contribution to all of us.
"THE LINGUIST" (an early editorial)
Dr Anna Koycheva
Dr Anna Koycheva
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