Translation errors could trigger retrial in Belarusian defendant’s case

More than 1,000 discrepancies were reportedly found in the translated record of a trial at Rorschach District Court, raising questions about whether translation errors affected the acquittal of a Belarusian defendant. SRF reports that St Gallen Cantonal Court is deciding whether the case should be sent back for a retrial.

The defendant stood trial over his alleged role in a special unit that is accused of abducting and murdering three opposition figures in 1999 on behalf of the Lukashenko regime. He reportedly said he had been present when he applied for asylum in Switzerland in 2019. The case concerns the offence of enforced disappearance, which has been part of Swiss criminal law since 2017 under a provision based on a UN convention.

Rorschach District Court acquitted him in September 2023, citing contradictory statements and a lack of evidence. Relatives of the politicians who disappeared appealed as private plaintiffs. When the written record was translated back, numerous errors came to light. The appeal hearing took place last week, but the Cantonal Court has yet to issue its decision.

Accurate court interpreting requires more than language skills, said Lena Emch-Fassnacht of the Interpret association, which supports interpreter training. Interpreters must convey statements precisely, completely and faithfully, while quickly understanding and remembering what is said and taking notes. Court interpreting is especially demanding because it involves legal terminology and procedural rules, she said.

In St Gallen, interpreters must have German skills at C1 level. The cantonal police’s interpreting coordination office also checks their criminal and debt records and conducts a security review, which is repeated every two years. Court interpreters must complete a seven-day training course on their role and legal terminology. The canton currently has 400 interpreters working in 66 languages.

Errors can be difficult to detect, said Sven Zimmerlin, a criminal law professor at Zurich University of Applied Sciences. Judges and prosecutors may not speak the language being interpreted, so another person may be needed to spot inaccuracies. Zimmerlin said that if the appeal court cannot rely on the record because all the interviews were mistranslated, it should send the case back to the lower court. The Cantonal Court is due to announce on October 26 whether the existing record is sufficient or the trial must be repeated.