The European Commission has started infringement procedures against Malta over its failure to introduce new rights in the justice system for alleged criminals, Times of Malta has learnt.
According to Brussels, Malta had until last October to introduce free interpretation and translation services to non-Maltese-speakers accused of crimes.
However, Malta has still not implemented the relevant directive, which was endorsed by the EU in 2010, and Brussels has warned the island to do so or face harsher legal action.
A spokesman for the Justice Secretariat said Malta had received a letter of formal notice – the first of the EU’s three-pronged legal action – but the government was already addressing the issue.
“We received the Commission’s letter last month and we are actively working on it,” he said.
“Since October, the Justice Secretariat held meetings with the Police Commissioner, representatives of the Attorney General’s Office and the Chamber of Advocates to discuss the directive and other ancillary matters. A draft law has already been prepared and will be presented to Parliament soon.”
The government has not set a date for interpretation and translation services to start being offered.
The directive forms part of the EU’s efforts to tackle the problem of varying standards and different levels of access to legal interpretation and translation services available in criminal proceedings.
All EU countries are signatories to the European Convention of Human Rights, one of the requirements of joining the bloc.
The 2010 directive specifies that free interpretation should be provided where necessary for safeguarding the fairness of the proceedings. This includes police interrogation, essential meetings between client and lawyer and during a trial.
Remote interpretation via videoconference, telephone or internet can be used if an interpreter’s physical presence is not required to safeguard fairness.
We received the Commission’s letter last month and we are actively working on it
People accused of crimes also have the right to translation of essential documents in their own language. This includes a copy of the detention order, the indictment and the judgment.
Translations must be of sufficient quality to ensure suspected or accused people have knowledge of the case against them and can exercise their right of defence.
The directive states that to ensure qualified legal interpreters and translators are available, EU countries must set up a register of qualified translators, counsels and relevant authorities.