Police interviews with an interpreter

The Antwerp-projectDirk Rombouts Trafut/Helsinki 14.06.2012

“””Chinese restaurant manager, Polish nurse or Russian trucker: today everyone can become a legal interpreter or legal translator.”

Criminal Investigation Department/ Antwerp Police (120 police officers)

Weekly needs the services of legal interpreters

80 police officers (drugs,sex crimes, armed robbery, fictitious marriages, youth crime,homicide) – questionnaire

Antwerp police: Total number of interviews conducted in 2011 (i.e. no traffic violations): 75.060 – 3.164 with a legal interpreter

763 legal interpreters

Use of the list (register) of legal interpreters:

16 % only use the digital list

18 % own list of interpreters

64 % both lists

96 % of the officers almost always use the same interpreters

Why officers prefer a specific interpreter (multiple answers)

- 34 % interpreter’s legal knowledge- 59 % qualified (certified) interpreter- 50 % decide according “waiting time”- 17 % look at the interpreter’s knowledge/file- 90 % continuous availability of the

interpreter

17 % interpreter doesn’t mind working extra hours

40 % the basis of the interpreter’s sound knowledge of legal terminology

Quality of the legal interpreters:

45 % : good15 % : good to very well23 % : very well15 % : Variable (very well for an interview

about robbery but bad for an interview about sex crime)

Initial telephone conversation with the interpreter: only 29 % of the police officers give a summary/facts

Summary/facts before the interview at the police station:

87 % : yes13 % : no

“Has an interpreter ever cancelled the interview for specific reasons ?”

20 %: yes

- Psychological reasons: 18 %- Emotional reasons: 18 %- Intercultural reasons: 18 %- Conflict of interests : 45 %- Without reason: 1 %

“Do you give a rough estimate of the duration of the interview during telephone call with interpreter ?”

62 % : yes32 % : no6 % : sometimes

“ Is the interview planned according to the availability of the interpreter ?”

52 % : yes20 % : no28 % : sometimes

First-line police can’t postpone an interview!!!

“Do you inform the interpreter about the interviewtechnique to be used ?”

16 % : yes 84 % : no

“ Before the start of the interview, does the interpreter explain his/her task to the person to be interviewed?”

65 % : of the interpreters spontaneously inform the interviewee

32 % : said that he or she asks the interpreter to do this

3 % : replied that it was never done

“ Has an interpreter ever recognized the person to be interviewed upon entering the interview room and as a result cancelled the translation ?”

14 % : yes

86 % : never

“What do you think about the effort you have to make during an interview in the presence of an interpreter?”

3%:less than during normal interview (same language)

34%: same 63%: bigger

“Do you feel hindered in your communication during an interview in the presence of an interpreter?”

63 %: never 34 %: sometimes 3 % : always

“What do you think about the contact with the person being interviewed in the presence of an interpreter?”

27%: same contact 69%: less contact 2%: more contact 2%: depends on the interpreter

“What do you think about the efficiency of an interview in the presence of an interpreter?”

41% : less efficient 49% : equally efficient 7% : more efficient 3% : variable

Interview with an interpreter is “different” and “laborious”

Police officers pay attention to : - making contact (is the fertilizer that

makes an interview grow …) - the rhythm and tempo of the interview

“During interview – interpreter is threatened by the interviewee or interviewee makes certain promises to the interpreter. Reaction of the police officer?”

- record it in official police report - prepare a new police report - interrupt and stop the interview - reprimand the interviewee - contact the prosecutor/investigative judge

“ After the interview, does the interpreter sometimes give confidential information or additional information about the interview or the interviewee?”

69 % : yes 31 % : no

“Do interpreters denounce certain aspects of the legal system after the interview?”

24 % : yes

61 % of this 24 %: it was about the late payment of the interpreter’s fee

Interpreter: strictly define his/her task:

Neutral Independent Confidential Everything will be translated No personal conversations Adress the police officer

Interpreter: respect the silence observed by the interviewee after the police officer asked a question

Certain interview technique

After the interview:

No additional information about the case/the person.

A police officer who asks this kind of additional information oversteps his/her bounds.

TRANSLATE EVERYTHING !!!!- Obscene language- Personal threats- Promises- Sentences beginning with “ I don’t want you

to translate this, because ….”

Interpreters should know the specific terminology ( terms, actions and objects related to criminal offences)

Legal interpreter who is threatened during an interview should STOP

He/she is victim of new facts (threats) = complaint

Interpreter contacted by the police

Ask about the nature of the criminal fact

Interpreter decides

Telephone taps

Strict rules

If there are doubts about certain words/sentences: guessing is not an option

The legal interpreter is not: prison officer

The legal interpreter is not: an investigator

The legal interpreter is not: a secretary

The legal interpreter is not: a cigarette dispenser

Police officers should steer the interview and control it.

Lead the interview Determine the rhythm of the interview Everyone talk in turn

Police officers should always finish their sentences

Refrain from asking long questions