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Indigenous
people have the right to interpreter during trial
By the A.M. Costa Rica staff In Costa Rica, there are currently five indigenous communities and languages. They are Bribri, Cabecar, Ngöbere, Malecujaica, and Miskito. Some of them are originally from the Atlantic coast of Nicaragua and Honduras. According to the Prosecutor's office, during a legal process such as an investigation or trial, these people have the right to an interpreter of their native language, even if they also speak the Spanish language. "When a person does not understand or does not express himself easily in Spanish, it will be necessary to help, so the act can be carried out in this language," according to the Criminal Code, article 130. "A translator or interpreter must be provided to people who may not be fluent in the Spanish language." 2019 was proclaimed by the United Nations Organization as the International Year of Indigenous Languages. Therefore, the Prosecutor's office for Indigenous Affairs published the sixth edition of the "Book of Knowledge," which explains the right of indigenous people to have an interpreter. "This tool is for officials who may deal with the indigenous population. They need to have the necessary knowledge to ensure to victims, suspects, or witnesses, know their rights in their own language," said the Prosecutor's office in its statement. The work of the interpreters goes beyond a literary translation. They have to explain the legal process to the indigenous person. An interpreter must also know the culture of the indigenous person, as well as the context of events that took place in a trial. "Guaranteeing the right to indigenous people is an obligation that all Public Prosecutors must do," said Ariana Céspedes, an official from the Prosecutor's office Even if the indigenous person understands the Spanish language, and he or she requests to continue with the process in his or her native language, the support of an interpreter must be provided. In addition to this guide to facilitating legal processes to indigenous people, the Prosecutor's office has published six books about issues in the indigenous community. In January, investigations by the Prosecutor's office led to the arrest of three indigenous leaders, suspected of fraud of more than $1.7 million. As A.M. Costa Rica previously reported, in that case, the Prosecutors of Indigenous Affairs, in coordination with the Prosecutors of Anti-corruption, made seven raids in the indigenous territory know as La Casona in Coto Brus* in the southern zone of the country. Three members of the Association of Development of the Guaymí Indigenous Territory surnamed Araúz-Montezuma, Santos-Rodríguez, and Mendoza-Palacios were arrested. Four additional people, also members of the association, surnamed González-Arauz, Gallardo-Carpintero, Bejarano-Rodríguez and another person of the same surnames Bejarano-Rodríguez, were also called to give statements. The Public Prosecutor's office said these seven members of the association are investigated on suspicion of embezzlement and fraud. Embezzlement or misappropriation of public money by persons in charge of its control and custody is a crime under Costa Rican law. According to the Prosecutor's investigation, the suspects allegedly took advantage of their positions to take public funds allocated by the Forest Financing Fund, know as Fonafifo, for nine contracts for environmental services. The association received about $1,748,986 between the years of 2005 to 2018. "The money should have been given to the beneficiaries of the program signed with Fonafifo, who are the owners of a total area of 7,362.1348 hectares. However, according to the evidence held by the Attorney General's office, that never happened," said the Prosecutor's in its statement. The investigation has shown that the association did not make any declaration of any kind, to account what happened to the money. The National Directorate of Community Development should have received a report. The Prosecutor's office requested pre-trial measures for the three directors of the association because they apparently received the money. The case continues to be under investigation. ------------------------ Have you heard about an expat who received the support of an interpreter during a trial in Costa Rica? We would like to know your thoughts on this story. Send your comments to news@amcostarica.com |
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