Procedural safeguards in the EU Interpreter mediated questioning of children in criminal procedure: results of the CO-Minor-IN/QUEST project

Transcription

1 Procedural safeguards in the EU Interpreter mediated questioning of children in criminal procedure: results of the CO-Minor-IN/QUEST project Prof. Katalin Balogh Prof. Heidi Salaets

2 Outline Introduction Co-Minor-IN/QUEST Co-Minor-IN/QUEST II Concrete example of joint training Conclusion: networking to team up

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4 Psychologist in Belgium: testimony (DS ) (1) How can you expect from an 11-year old boy that [on the escape route] he knows where he was when the smuggler told him We continue, without your parents. We will find them later. A* knows from his own experience how smugglers work, has had hunger and thirst, and suddenly was alone in the world. He is traumatized and refuses any contact. He only tells me If you don t bring my parents, I have nothing to say. (2) We recently had a negative asylum decision for a 13year old boy and his cousin. Because these kids have to answer questions like What color have the briks of the house in your home country? How long is the walking distance to the nearest town?

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6 This year, minors applied for asylum in June alone, and almost unaccompanied minors applied for asylum in the European Union in The present migration and refugee crisis in Europe has exacerbated the challenges regarding reception and assistance of children on the move, and has generated new problems of child protection, in particular in view of the large numbers of unaccompanied children who go missing. The gravity of the situation has revealed shortcomings in national policies which relate to the treatment of all unaccompanied children guardianship issues, the way children s rights and aspirations are taken into account, child-friendly age-assessment procedures, as well as the rights to social and medical services and education and the avoidance of detention at all costs. Manlio Di Stefano, rapporteur of the Committee on Migration, Refugees and Displaced Persons of the European Council

7 Figures Federal Police Belgium Status Indecent assult and rape 65% Grievous bodily harm 20% Duration of the interview What kind of criminal facts? 43 min Age From 2y until 18+ Mental impairment 12.5% Status Suspect 3,7% De Wiest Hans. Highly vulnerable child suspect in Balogh K., Salaets H. Children and justice: Overcoming language Barriers. Cooperation in interpreter mediated questioning of minors. Intersentia 2015:134

8 Figures 2013 Federal Police Belgium Number of interviewed minors 5797 with T.A.M. Psychologist present 21% Confidant person present 16% Interpreter present 1,85% De Wiest Hans. Highly vulnerable child suspect in Balogh K., Salaets H. Children and justice: Overcoming language Barriers. Cooperation in interpreter mediated questioning of minors. Intersentia 2015:134

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10 Outline Introduction Co-Minor-IN/QUEST Co-Minor-IN/QUEST II Concrete example of joint training Conclusion: networking to team up

11 Coordinators: Heidi Salaets & Katalin Balogh Dominique van Schoor (research assistant ) and consortium FR, HU,I, NL, UK

12 Directive 2010/64/EU: the right to translation and interpreting in criminal proceedings Directive 2012/29/EU: establishing minimum standards on the rights, support and protection of victims of crime vulnerable interviewees who need extra support because of 1. age (i.e. under 18) cfr definition of victim 2. native language (cfr right to understand / to be understood + right to interpretation/translation) 3. procedural status (either as a victim, witness or suspect).

13 Method: questionnaire Combination of open questions qualitative research purposes closed questions/mc Likert-scales quantitative research purposes

14 Method: distribution 4 groups: legal actors/policing psychologists child support workers interpreters (other) Originally in 6 countries of consortium members: B, NL, Fr, UK (Scotland), HU, I Non-probabilistic sampling method: network/snowballing

15 Respondents Incomplete answers: 1263 started the survey Complete answers : 610 From the partner countries but also Norway (> 50 answers), Slovenia, Spain, Trinidad, Australia, Greece, Serbia Back translation of the I, Fr, Hu, Du answers into English

16 Design questionnaire Based on the experience of the workshop with all professionals involved in ImQM Design of the questionnaire with expert: Szilvia Gyurkó Main challenges - Before - During - After the interpreter-mediated questioning of minors Such as: Briefing before Role of the interpreter Position of the interpreter (where does he/she sit?) Debriefing afterwards Code of ethics?

17 Axis Title Professionals per country Professionals per country 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% Belgium France Hungary Italy Netherland United Kingdom Other Child Support Psychology Justice and Policing Interpreters Other

18 Area of work Area of work 3% 6% 19% 37% 1 interpreting 2 justice and policing 3 psychology 35% 4 child support 5 other

19 Experience

20 Recent experience 70 %

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27 Qualitative part : Conclusion = Lack of: Time and Trust < training professionality of interpreters? < training of Other Professionals (OP) in working with an interpreter Knowledge about < role and requirements of interpreter < role and requirements of OP Knowledge about the profession of the other involved in interpreter mediated questioning of minors (ImQM) < Question technique? Youth law? < Child development? Mental age? Learning difficulties? Impairments/intellectual disabilities and vulnerability? < Interpreting?

28 Interprofessional joint training BEST INTERESTS OF THE CHILD JOINT TRAINING AWARENESS

29 Team-work: briefing/ interview / debriefing Legal Professionals Legal Interpreters Forensic Psychologists Child Support Workers

30 A basic BUT important document: flyer in Du, Fr, En, I, Hu

31 dies/researchprojects/co_minor_in_quest/recommentations

32 academics, interpreters (spoken and SLI), interpreter trainers, youth lawyers, police officers specialized in questioning minors, youth judges, forensic psychologists, child support workers, psyhiatrists, children s rights experts, international family mediator, expert learning difficulties and intellectual disabilities chap/projecten/co_minor_in_quest/childr en-and-justice

33 Outline Introduction Co-Minor-IN/QUEST Co-Minor-IN/QUEST II Concrete example of joint training Conclusion: networking to team up

34 CO-MINOR-IN/QUEST II Extension to asylum settings (Terre des Hommes) 5 project meetings (minutes & internal reports/ recommendations) Project website METHODOLOGY (qualitative) Expert training in organizing focus groups and analyzing data (1) 4 focus group discussions (in each partner country) with all stakeholders of ImQM present the most striking results of ImQM first project ask for the most urgent needs each of them has for a joint training programme

35 CO-MINOR-IN/QUEST II (2) 11 interviews with children (in each partner country) in experimental settings on the effect of the presence of the interpreter (10 hearing, 1 Deaf) METHODOLOGY (naturalistic) Design of joint training modules with the information gathered in previous stage(s) Pilot the modules and the role-plays (interactive, practice-oriented, effective) in a real training context with a crossover section of training modules with following instruments: toolkit 1: to determine which professionals we will invite toolkit 2: to know what their prior knowledge is Participant and non-participant observation notes adapt/enhance final training modules

36 CO-MINOR-IN/QUEST II DISSEMINATION Hands-on training module Manual with sustainable training material Training video for professionals 2 animation movies for minors (2 age groups) HANDS-ON CONCLUSIVE WORKSHOP to present all these materials (World Refugee Day)

37 Outline Introduction Co-Minor-IN/QUEST Co-Minor-IN/QUEST II Concrete example of joint training Conclusion: networking to team up

38 T.A.M. T.(E).A.M. work with interpreters = T.A.M. is the French and Dutch acronym for Technique of Audio-visual questioning of Minors. Almost 500 police officers T.A.M. 2 trainings in Fr 2 trainings in Dutch Training of trainers T.A.M. 1 training in Fr 1 training in Dutch With role plays French / Dutch Hungarian Signed language

39 Role-play: interviewer (T.A.M.) Hungarian victim interpreter Hungarian/Dutch - trustperson Interviewer (TAM) Trustperson Hungarian victim Legal Interpreter Hu/Du

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41 Evaluation of SLI roleplay (example)

42 25 May in Belgium KU Leuven The Federal Police has nominated us as candidates for the Society award of Human Sciences for Co-Minor research We received an honourable mention and could present our research and the way we work with the Federal police (role play and illustration of methodology)

43 Outline Introduction Co-Minor-IN/QUEST Application of principles to asylum settings Co-Minor-IN/QUEST II Concrete example of joint training Conclusion: networking to team up

44 Lisa Aronson Fontes Massachusetts University Beverley Costa

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47 COLLABORATE - Put our expertise together - COMMUNICATE our findings to stakeholders - COMMUNICATE our findings to the authorities - DISSEMINATE!! - JOIN FORCES!!

48 OUR WEBSITE studies/index

49 Co-Minor-IN/QUEST research-projects/co_minor_in_quest/index Co-Minor-IN/QUEST II research-projects/co-minor-in-quest-ii/index

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