Fair Trial Rights and Multilingualism in Africa: Perspectives from Comparable Jurisdictions

Description

This book examines the best language fair trial practices of the courts in arguably the most multilingual region of the world. It contains an instructive list of standards and approaches to linguistic dynamics, which may be considered a language fair trial rights code. By way of jurisprudential analysis and scrutiny of constitutional imperatives and examination of legislation among the respective jurisdictions from the Sahel region, to the Horn of Africa, and the Cape, this publication presents peculiar country-specific practices and common standards aiming towards the realisation of a fair trial in a multilingual context. The exceptionally multilingual nature of legal processes in Africa makes the standards in the region instructive in the progression towards a universal language fair trial rights code. The book reveals valuable lessons across jurisdictions, including those outside Africa, and suggests measures that may be taken to improve existing approaches. It will be a valuable resource for academics, researchers, and policy-makers working in the areas of Law and Language, Legal Linguistics, Forensic Linguistics, Criminal Justice, and Comparative Law. Cover Half Title Series Page Title Page Copyright Page Dedication Table of Contents Preface Introduction Chapter 1 Court trials in Africa Adversarial trials Inquisitorial trials Trials by customary courts The language of trial The language of trial as an entry on the record African languages as channels of trial The language of the record or the language of the court Measuring linguistic comprehension ability Chapter 2 Language fair trial rights Information on the nature of charges Presumption of innocence Confession Plea taking Adequate time and facilities to prepare a defence Interpretative assistance Correctness and comprehensibility Consistency and simultaneousness Interpreter’s oath The interpreter Shortfalls of judicial interpreting in Africa Shortage of interpreters Evaluating interpretative assistance Translation Presence and legal representation of the accused person Examination and cross-examination of witnesses Chapter 3 Safeguarding the linguistic fair trial rights of vulnerable litigants Witnesses with speech and hearing challenges Child participants Experiences of foreign nationals in African courts Victims of sexual violence Chapter 4 Remedies for breach of language fair trial rights Nullification of proceedings Retrial Excluding or expunging the evidence from the record Conclusion The language fair trial rights code Appendix: The languages of selected societies and courts of law in Africa References Index