When Trust Matters More Than Translation

In legal situations that involve persons that speak different languages, an accurate interpretation is vital to prevent misunderstandings between the various parties - defendants, prosecutors, lawyers, judge and victims. Highly skilled interpreters and translators need to be on board to ensure a fair trial. This is the moment when professionals like Blerta Kalaveshi comes on stage! Blerta recently joint the Basic Court in Pristina, as an interpreter, together with three other colleagues. This is Blerta’s the first work assignment as a translator. 

A court interpreter needs to possess not only a deep understanding of the languages in which they specialize, but also a sufficient level of knowledge about justice system and criminal procedures. In that sense, Blerta is perfect for this post. She possesses a law degree from Pristina University, and she learnt Serbian and Bosnian language from her mother. 

“Maybe, because I am new, I find this job very exciting and I am ready to try to overcome all obstacles in becoming even better! It takes time to overcome stress while being in the Court trials, but I think I am on a good path!” said Blerta.

Her translation court coordinator and experienced colleague Ilmija Sopjani, with 20 years of experience in this field, told us that Blerta was a perfect choice for the post of a court translator: “She is a patient person and knowledgeable. We were looking for exactly such a candidate. Interpreters are key actors in the trial and that is why it is important what kind of candidates we choose.“ said Ilmije. 

Blerta thinks being a translator is more then just a job: “I am someone who allows the parties to understand the trial. I am the one who helps them access justice. How important we translators are is shown by the fact that if the translator is not able to come to the trial, the trial will be canceled!”, says Blerta and adds:

“The importance of the translator is perhaps best seen in moments when the parties address us instead of the judge! We remind the parties all the time, during the trial, "Please address the judge, not us." This relationship of trust that we have with the parties indicates that translation is not just about access to justice but also about building trust between people.”

Ms Blerta Kalaveshi is one of the four court translators that have been engaged by UNDP Kosovo project on Rule of Law implemented in partnership and collaboration with the United Nations Mission in Kosovo (UNMIK). During the first quarter of 2021, the four court translators translated a total of 1,904 case files, and provided interpretation for 724 court hearings - hence supporting the Basic Court of Pristina continue functioning during the pandemic. Due to limited human resources available for translation and interpretation, there are not enough qualified translators in Kosovo institutions, including in the judiciary. Poor translation of legislation remains an issue. This poses a threat for everyone’s right to a fair trial. For this reason, UNDP and UNMIK have joint efforts and expertise to support the Basic Court of Prishtina in ensuring timely translation and interpretation services into Albanian and Serbian languages for all parties.

Language Commissioner in Kosovo Slavisa Mladenovic confirms that translation can impact access to justice: “Lack of highly skilled interpretation services at any stage of the legal system can have devastating consequences. The quality of translation in legal system can be measured on the scale “Freedom to Imprisonment”. This is exactly what a wrongly interpreted or translated word or a sentence can result in: unjustified imprisonment, or arbitrary detention. More qualified interpreters in the courts will reduce the accumulating backlog of cases, and ensure proper, fair, and just verdicts of justice. Adequate interpretation will also eliminate frequent appeals and speed up the processes. “

Furthermore, in cooperation with the Kosovo Judicial Council and the Office of the Language Commissioner, the project has trained 30 Kosovo court translators in 2020 contributing to strengthening of skills of translators, and standardization of legal terminology used in courts.

UNDP and UNMIK are successfully cooperating to support the functioning of Kosovo’s rule of law and improve people’s access to justice. By working together to avoid gaps and overlaps, UNDP and UNMIK will continue to complement each other’s work while being mindful of the challenges posed by the COVID-19 pandemic to development and peace.

Language Commissioner, as the biggest champion of language rights also tells us how important this process is:

“If the institution is capable of providing professional services, cares about people’s wellbeing and acts with integrity, then the individual, no matter of its nationality, will develop trust in the institution and, consequently, in the community. If a Serb receives a fair trial in Pristina and court staff act with integrity and professionalism, he or she will inevitably develop more trust in Albanian community in general. The same goes for an Albanian in North Mitrovica, for example.”