'Rights during investigation - access to interpreter and translation if questioned in other language' in document 'Timor-Leste - Criminal Procedure Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CRIMINAL PROCEDURE CODE

PART I
ON THE GENERAL PART

TITLE III
ON PROCEDURAL PARTICIPANTS

CHAPTER VI
ON SUSPECTS, DEFENDANTS AND CONVICTS

Article 63
Persons to conduct and attend the first questioning of the defendant under arrest

3. The questioning is attended by the person conducting it, the public prosecutor, the defender, the interpreter and the official tasked with taking precautionary security measures, when required, in addition to the official entrusted with putting the statements to writing.

CRIMINAL PROCEDURE CODE

PART I
ON THE GENERAL PART

TITLE IV
ON PROCEDURAL ACTS

CHAPTER II
ON THE TIME SCHEDULE, FORM AND DOCUMENTATION OF PROCEEDINGS

Article 83
Appointing an interpreter

1. An interpreter shall be appointed where a person, who does not either know or master the official language in use, is to make a statement.

2. In addition to the situation referred to in the preceding article, the appointment of an interpreter is compulsory :

(a) if it is necessary to translate a document written in a language other than one of the official languages of Timor-Leste or if such a document is not accompanied by a certified translation ;
(b) if a hearing-impaired person who cannot read, a speaking-impaired person who cannot write, or a hearing- and speaking-impaired person who cannot either read or write, is to make a statement.

2. The appointed interpreter takes the following oath : << I undertake, on my honour, to faithfully fulfil the role that has been entrusted to me >>

RELEVANT ROME STATUTE PROVISIONS

Article 55
Rights of persons during an investigation
1. In respect of an investigation under this Statute, a person:
(c) Shall, if questioned in a language other than a language the person fully understands and speaks, have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness