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Lost in translation

The question is not to test the man's proficiency in that particular language. In fact his destiny could hang in balance if his plight is not explained to the judge in a language, which his honour understands.

To solve this ordeal, judges most of the time turn to lawyers for help, especially when translators are not available to do the job.

Khaleej Times visited some courts in Abu Dhabi to investigate the issue. Outside the courtroom, one lawyer expressed his displeasure with the situation, stating that lack of translators during court proceedings made their job difficult and often resulted in their losing a case.

Another lawyer requested the Press to help in bringing this issue to the notice of the authorities concerned, who, he believes will do their best to resolve it.

He said: "What the accused has to say is not clearly understood by judges clearly because of lack of sufficient number of translators. The courts, sometimes, ask lawyers to help. Even the accused are sometimes asked by judges to translate for other accused persons. This is very harmful for our defendants who can lose their cases instead of obtaining acquittals or at least reduced sentences."

Translation in UAE courts is a profession with a unique character. There are over 180 nationalities residing in the country. Informed sources say that the languages most in need of translators are Urdu, English, Filippino and Russian languages in that order.

Courts, in order to bridge the gap in translators, recruit people from sources outside the Ministry of Justice. These people carry out the job under oath, but are not schooled in legal procedures, which in turn leads to men of law fearing that such translators may lean towards their compatriots. And due to the varied nationalities in the country, it is difficult to provide a large number of translators.

Besides, the job of court-translator is not an attractive package and is a junior job with meagre pay. In addition, aspirants to the job are expected to be specialised academically in the languages they are to be engaged for translation. They are tested by the Ministry of Justice and once employed, function under oath.

And due to shortage in such specialisation, public prosecutors have to detain accused persons for more than 24 hours or 48 hours. This procedure is clearly contrary to the provisions of the law.

When a case is adjourned for lack of translators, the public prosecutor demands that a translator be brought to translate from a particular language into one understood by the judge.

The need for translators is felt more in criminal courts than in civil courts, since in civil courts, both the defendant and the plaintiff come to court prepared and have sufficient time to review their notes, whereas in criminal courts, confessions of conflicting parties are directly taken from them.

Al Maizan, a magazine published by the Ministry of Justice, had conducted a survey on this issue. Legal advisor Humaid Musabah Al Mahairi, Chairman of Abu Dhabi Federal Court of First Instance, said that many departments in Abu Dhabi Labour Court needed a whole team of translators because "most of the workforces in the UAE are from different nationalities who do not know Arabic."

He said the Court of Misdemeanour remained "inoperative" due to lack of translators.

Describing the standard of court-translators, he said: "They are of medium standard. Sometimes they make mistakes, which are discovered by Urdu or English speaking lawyers. Here the courts direct the translator's attention to the error he had committed, and then replace him with another."

Yousef Saeed Al Abri, President of Abu Dhabi Court, said: "There is great shortage of translators and in some criminal courts, like in the Naturalisation and Residency, Al Rahba, Al Ruwias and Al Dhafra, translators just don't exist."

He said: "In Abu Dhabi Court, there are only three translators for Urdu, Pushto and English. When we are in need of translators in other languages than those mentioned above, we ask the judiciary, the Ministry of Interior, Consulates and Embassies for help."

As a solution to this problem, he said: "We propose that the number of permanent translators in the Ministry be increased and that translators at the Legal Institute be trained on the methods of investigation and on how to coordinate with judges and public prosecutors in their translation work."

"Good packages should be offered to encourage translators to apply for translation jobs in courts. Also, money should be allocated as incentive for part time translators," he said.

Waleed Abdul Rahman Al Ameri, legal advisor at Abu Dhabi Federal Court of First Instance, said translators are required for, on an average, 15 to 20 cases each day, out of 40 cases. "The problem with translators is not related to their mother tongue, but to the pidgin Arabic they use in the courts."

Mohammed Dhowaiher, Director of Abu Dhabi Traffic Public Prosecution, demanded that translators be employed at the "Traffic" on permanent basis, so that prosecutors will not have to look around for translators, which he said "has become a regular feature in their job."

Khalid Hassen Al Hosani, Public Prosecutor at Abu Dhabi Traffic Court, estimated the number of cases in need of translators at 30 per cent, and believes that the standard of translators was between good and moderate.

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