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


ISBN13: 9781000789522
Published: September 2022
Publisher: Routledge
Country of Publication: UK
Format: eBook (ePub)
Price: Out of print
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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, the Horn of Africa, to the Cape, this publication presents peculiar country specific practices and common standards 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 towards a universal language fair trial code. The book reveals valuable lessons across jurisdictions, including those outside of 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.

Subjects:
Other Jurisdictions , eBooks, Africa
Contents:
Introduction

1. Court trials in Africa
Adversarial trials
Inquisitorial trials
Trials by customary courts
Trials by Islamic courts
The language of trial
African languages as channels of trial
The language of the record
Measuring linguistic comprehension ability

2. Language Fair Trial Rights
Information on 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
Evaluating interpretative assistance
Interpreted evidence and the hearsay rule
Translation
Presence and legal representation of the accused person
Examination and cross-examination of witnesses

3. Safeguarding the Linguistic Fair Trial Rights of Vulnerable Litigants
Child participants
Witnesses with speech and hearing challenges
Experiences of foreign nationals in African Courts
Victims of sexual violence
4. Remedies for Breach of Language Fair Trial Rights

Conclusion
The language fair trial rights code
Appendix: The languages of selected societies and courts in Africa

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