29 4.5 Minority Languages in the Area of Justice What should be done? Free interpretation should be available in criminal proceedings if an accused member of a linguistic minority does not understand the language of proceedings, as well as free translation of the court documents necessary for his or her defence, preferably in their own language. Although all documents – and every aspect of proceedings – do not need to be translated, those which are essential to a case must be translated adequately and without cost to the defendant. Court proceedings (civil or criminal) and other judicial or quasi-judicial hearings should be conducted in a minority language, where the concentration and number of speakers makes this a practicable measure. Why it should be done The consequences of not using a language that is understood by individuals in the justice system are extremely serious. This appears in particular with respect to the right to fair trial as enshrined in international law, where in criminal and similar proceedings there must always be a minimum and adequate level of free interpretation and translation in place for accused or detained individuals who do not understand the language used by judicial or law enforcement officials so that they may exercise their right to a defence and to safeguard the fairness of proceedings. In addition, in the application of the principle of proportionality, judicial proceedings should be conducted in minority languages to the degree and extent appropriate, considering factors such as the number and concentration of speakers of a minority language. On what legal (and non-legal) basis? • Arts 14, 26, International Covenant on Civil and Political Rights (United Nations) • Art. 5(a), International Convention on the Elimination of All Forms of Racial Discrimination (United Nations) • Art. 40, Convention on the Rights of the Child (United Nations) • Arts 6, 14, European Convention on Human Rights (Council of Europe) • Art. 10(2) & (3), Framework Convention for the Protection of National Minorities (Council of Europe) • Art. 9, European Charter for Regional or Minority Languages (Council of Europe) • Directive 2010/64/EU of the European Parliament and of the Council of 20 October 2010 on the right to interpretation and translation in criminal proceedings • Rec. 11, Guidance Note of the UN Secretary-General on Racial Discrimination and the Protection of Minorities (2013) • Recs. 17–19, Oslo Recommendations Regarding the Linguistic Rights of National Minorities (OSCE)