THE ROLE OF INTERPRETERS IN GUARANTEEING THE RIGHT TO A FAIR TRIAL: AN ANALYSIS OF THE PRACTICE OF THE EUROPEAN COURT OF HUMAN RIGHTS

Abstract

The purpose of this article is to examine the role of interpreters in criminal proceedings as guarantors of the right to a fair trial, in particular the right of persons who do not speak the language of the proceedings to use the services of an interpreter in the context of the practice of the European Court of Human Rights. Methods. The methodological fundament of the research is based on general scientific and special legal methods, in particular, dialectical, systemic analysis, and theoretical generalization. Results. Based on an analysis of ECHR practice, a study of doctrinal sources, and contemporary precedents in the application of law by judicial authorities: A detailed description of the interpreter as a guarantor of the right to a fair trial is provided; Various approaches of the ECHR to determining the role, functions, powers, and competences of interpreters in criminal proceedings are demonstrated; A list of requirements for interpreters that must be met to ensure proper observance of the right to a fair trial is compiled; A list of grounds on which the right to a fair trial is considered to have been violated due to the improper involvement of an interpreter is provided; A number of problematic issues and risks that may threaten the implementation of the role of interpreters as guarantors of the right to a fair trial are identified, and options for solving these problems are proposed. Conclusions. On the basis of an analysis of doctrinal approaches and the practice of the ECHR, it has been established that proper language mediation is a key condition for the realization of the right to a fair trial. Interpreters in court proceedings perform not only a technical function, but also a human rights function, ensuring the effective participation of persons who do not speak the language of the proceedings. Judicial practice confirms that the formal involvement of an interpreter does not guarantee fairness—the quality, accuracy, and effectiveness of the interpretation are decisive. The institution of court interpreting integrates the legal and communicative dimensions of procedural justice, affirming the principle of equality of the parties and access to justice as a manifestation of “humane justice.”