There Is a Problem Regarding Interpreter at Batumi Court

There is only one interpreter at Batumi Civil Court. In other district courts throughout the Adjara Region there is no interpreter at all. Citizens, who do not know Georgian language, claim that cannot understand statements made during trials. Public Defender’s Office states that it is violation of rights of national minorities. At least one trial is held at Batumi Civil Court a day and interpreter is obliged to attend all of them.

According to the Law on Common Courts, a person, who does not know state language, shall enjoy the service of interpreter. The state shall pay salaries for interpreters. The qualification of translators is not identified by the law. The law does not define how the process shall be conducted at courts which do not have interpreter. The Batumi Civil Court has only one interpreter who is on holiday at the moment.

While interpreter Zinaida Antoniani is on holiday, bailiffs, people attending the hearing, secretaries and journalists have to translate the proceeding. Mostly Russian interpreters are in great demand at courts. At the hearing an interpreter is warned that if s/he translates the statements incorrectly, s/he will be charged. The Batumi Civil Court has not recorded any history when interpreter was charged for incorrect translation. Despite that the complaints have been heard quite often.

There were several curious situations regarding interpreters in Batumi Civil Court:

On July 16 Azerbaijan citizen, Akber Aliev was introduced to the Batumi Civil Court. Officers from Special Operative Department (SOD) detained him at the border for having transported narcotic “Tramal”. The accused claimed that he was taking the drugs to Azerbaijan to his sick father. Accused Aliev, officers from SOD and State Accuser attended the hearing. Aliev needed interpreter and trial stopped for some time. Lawyer for the accused, Ednar Kekelidze left the process and started to look for the translator in the court building. Finally he found Vazha Davitadze, a resident of the village of Urekhi who knew Russian and took him into the court room. “Interpreter” Davitadze was warned that if he translated the process incorrectly, he would be charged.

The “interpreter” translated only those phrases the accused inquired about. Aliev did not ask much he only inquired about the amount of the bail. Prosecutor and investigator demanded 30 thousand lari as a bail. The lawyer was trying to reduce the bail in 2-3 thousand lari but in vain. According to Judge Davit Gelashvili’s decision Aliev was to pay 30 thousand lari within 50 days.

Having left the court room, Azerbaijan man thought he was to pay only ten thousand lari. Though he stated to the court that could pay only 5 thousand lari or a little more but could not afford ten thousand lari at all…”Everything is OK,” the lawyer told Aliev and the latter thanked the judge for kind decision.

On July 26 court hearing on Turkish Altan Adnan Saribash and Georgian Griogi Marshania was held at Batumi Civil Court. Altan Adnan Saribash was blamed for illegal storage of particularly large amount of narcotics (841 grams of heroin) as well as illegal crossing of border. Similar crime is charged by life-imprisonment. Merab Varshanidze, lawyer for the accused, hired the interpreter. “They knew that interpreter was necessary at the court. However, I had to look for him myself,” said Varshanidze. Murad Bolkvadze, a hired interpreter had to translate trial in Turkish and Russian languages. An employee of the Café “Dzveli Batumi” (Old Batumi), Lana, was invited as a witness to the court. She did not know Georgian language. (Microphone was switched off and audience could not hear her speech). However, the witness’s testimony was not translated to the accused.

Jemal Kiknadze, chairman of the Batumi Civil Court can employee an interpreter for the court. “We have only one interpreter at the court. He can translate from Russian into Georgian and vice versa fluently. We cannot hire more interpreters according to the schedule. We could sign one-month-contract with a new one when our interpreter was on holiday but there are usually people at court hearings who can help us to translate the speeches. None of them ever demanded payments for their assistance. If an interpreter knows Russian, Turkish, Armenian and English languages s/he would not start work at the court at a low salary of 180 lari. Generally, Georgian Ministry of Justice is in competence of appointing interpreters at courts.”

Natia Vasadze, the head of the Press Center for Georgian Ministry of Justice claimed the opposite: “The chairman of the court can decide how many interpreters to be employed at the court.”

Bakur Bolkvadze, lawyer for the Human Rights Center recalls several trials at court hearings in Adjara region where there were no translators. He added that this problem must be resolved on legislative level. “Neither the law on Common Courts nor Criminal Procedure Code regulates the status of interpreter; the law contains a very vague phrase regarding the issue-“A person who does not know state language shall be able to enjoy the service of interpreter.” The tradition of inviting an interpreter from street to court hearing is very strange. The court must offer citizens to choose suitable interpreter among their own staff and their service must be reimbursed properly,” said Bolkvadze.

Emzar Diasamidze, Batumi