Will Victims’ Rights Be Lost in Translation? Bridging the Information Gap in Universal Jurisdiction Cases

Abstract

From the nature and rationale of universal jurisdiction trials it follows that the right to information in the form of interpretation and translation is an essential factor in strengthening the nexus between the trial and the victims and affected communities. This normative standard is enshrined in legal rights in the international, EU and ECHR dimension, which applies to victims in particular but to affected communities as well. Although Germany is a frontrunner in investigating and prosecuting international core crimes committed in Syria it leaves a gap with this normative standard. A lack of information and outreach to victims and affected communities poses a risk of their rights becoming lost in translation. It follows from the cases of Anwar Raslan & Eyad Al-Gharib, Taha al-Jumailly and Alaa M that the most pressing problems include a lack of documentation, simultaneous interpretation, Arabic interpretation, and information available to the public. To close the information gap and facilitate ‘ownership of the proceedings’ to those affected by heinous crimes, a shift in policy of the domestic prosecutor is required: towards a service-oriented and victim centred approach. This conclusion leads to some practical recommendations that could be adopted across many European jurisdiction.

Keywords

• universal criminal jurisdiction
• atrocity crimes
• victim’s rights
• german prosecution
• european law
• right to translation and interpretation
• syrian civil war