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Ethic dilemmas for interpreters
Thread poster: LidiaCentrich
Kaspars Melkis
Kaspars Melkis  Identity Verified
United Kingdom
Local time: 23:30
English to Latvian
+ ...
Good example, Inga Jul 16, 2017

I can imagine that the duty of an ordinary citizen can often clash with the duty of an interpreter.

Remembering the famous phrase that the translation is not about words, it’s about what the words are about, I would say that it makes sense to add additional information while interpreting. If a person claims to be a native of one place but cannot even pronounce the name of that place like local people do, how do you make it clear to the court? Maybe you just add a single remark “
... See more
I can imagine that the duty of an ordinary citizen can often clash with the duty of an interpreter.

Remembering the famous phrase that the translation is not about words, it’s about what the words are about, I would say that it makes sense to add additional information while interpreting. If a person claims to be a native of one place but cannot even pronounce the name of that place like local people do, how do you make it clear to the court? Maybe you just add a single remark “the person does not speak like someone from that place”.
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mariealpilles
mariealpilles  Identity Verified
France
Local time: 00:30
Member (2014)
English to French
+ ...
Ethic dilemmas Jul 16, 2017

The interpreter is the voice of both sides, but in no way is the interpreter there to add some details or explanations - a professional judge would actually shut the interpreter off. The interpreter, even if he/she knows the person is lying, is only there to express in the language the others do not speak what is being said. He/she is a "machine" and he can inform the lawyer afterwards maybe, but does have to stand aloof from getting involved.

Liviu-Lee Roth
 
Diana Coada (X)
Diana Coada (X)  Identity Verified
United Kingdom
Local time: 23:30
Portuguese to English
+ ...
Nope Jul 16, 2017

Kaspars Melkis wrote:

I can imagine that the duty of an ordinary citizen can often clash with the duty of an interpreter.

Remembering the famous phrase that the translation is not about words, it’s about what the words are about, I would say that it makes sense to add additional information while interpreting. If a person claims to be a native of one place but cannot even pronounce the name of that place like local people do, how do you make it clear to the court? Maybe you just add a single remark “the person does not speak like someone from that place”.


It is up to the authorities to find or ask for the relevant documentation.

Kaspars, have you had formal training in legal/public service interpreting?


Agnes Poroslo
 
erika rubinstein
erika rubinstein  Identity Verified
Local time: 00:30
Member (2011)
English to Russian
+ ...
No way Jul 16, 2017

Inga Petkelyte wrote:


I didn't say anything to the judge but it must have been written on my face as the lady judge asked me, "What do you think?"
Thinking better, we should report false declarations - not as interpreters but as citizens.


First of all: Interpreters job is a communication job. The main task of an interpreter is to provide communcation and not to just translate words. Then you work for your customer (court in this case, not for a "criminal person"). Your interpreters duty and your citizens duty is to inform the judge about any lie you are aware of. If you are informed about any criminal act (and it was a criminal act), you are obliged to inform the authorities about it. Both as a citizen and as an interpreter. It is also a part of the interpreters declaration to work for courts and police.
I am really astonished, that so many of you think that it is professional or ethical to cover anyone..


 
Inga Petkelyte
Inga Petkelyte  Identity Verified
Portugal
Local time: 23:30
Lithuanian to Portuguese
+ ...
Tells who? Jul 16, 2017

erika rubinstein wrote:

First of all: Interpreters job is a communication job. The main task of an interpreter is to provide communcation and not to just translate words. Then you work for your customer (court in this case, not for a "criminal person"). Your interpreters duty and your citizens duty is to inform the judge about any lie you are aware of. If you are informed about any criminal act (and it was a criminal act), you are obliged to inform the authorities about it. Both as a citizen and as an interpreter. It is also a part of the interpreters declaration to work for courts and police.
I am really astonished, that so many of you think that it is professional or ethical to cover anyone..


Each time I interpret at court, I swear an oath and bind myself to providing a faithful and correct oral translation - nothing more, nothing less. I am a language expert there, not an investigator. I believe, giving our own opinions in the cours of interpreting would be misleading and distractive for the judges and prosecutors. An iterrogation/hearing is not a place neither time for our opinions, not in a direct way at least.
What we can do is to report the obvious lies after the session of our services, if the court doesn't find that out themselves.
That has been my understanding yet I am going to ask the court officers next time.


Liviu-Lee Roth
 
Paweł Hamerski
Paweł Hamerski
Poland
Local time: 00:30
English to Polish
+ ...
It is a simple case - these people did not speak Lithuanian or maybe a little and your duty was to Jul 24, 2017

immediately notify the judge about the fact. Then it is up to the judge to use this fact.

 
Cilmara
Cilmara
Local time: 23:30
English to Portuguese
+ ...
Ethic dilemmas Nov 21, 2017

Hi Lidia,

I am sorry I only came across this now. I would def not agree with some of the comments here, in particular not the one from Misha as "Ethics" is extremely important in life - not only when working. As interpreters we often hold privileged information and we ought to be able to understand ethics and the importance of it.

I have a number of cases but one in particular I would share with you is as follows:

While working for the Social Services, I
... See more
Hi Lidia,

I am sorry I only came across this now. I would def not agree with some of the comments here, in particular not the one from Misha as "Ethics" is extremely important in life - not only when working. As interpreters we often hold privileged information and we ought to be able to understand ethics and the importance of it.

I have a number of cases but one in particular I would share with you is as follows:

While working for the Social Services, I came across a case with a lady whose 12 years old daughter (who was in fact a niece she brought from Africa to live with her) was in foster care (due to sexual abuse by her eldest son, a 21 years old). Throughout the months I assisted her during contact time with "her" child, she kept on complaining that she had not money and should the girl come home again she needed a TV, a new bed, etc...which the Social worker managed to get for her.
After a few months , I was called to a police station from a completely different Constabulary to assist an officer to take a statement from a lady who had her home broken into. Upon arrival, the lady was the same lady I was seeing till a couple of weeks earlier who claimed she had not money to eat or anything, on that occasion she was claiming that "the thieves had taken £10K from her, and she knew who they were". She had her eldest son with her, who I recognised from a trial years earlier, for fire arm possession.
What should I do in face of all of this? Knowing the lack of communication between different constabularies from different boroughs it was unlikely that the police officer would find out that only 2 months ago she had no money to eat. I called the office outside and explained the situation to him, including that maybe it was wrong what I was doing and he could contact the Board to complain about me if that was what he though to be correct. As a professional, I do not and I will not pretend I don't know information which could be helping to stop people from wasting police time, the tax payers money and the system as a whole. The information I disclosed was true and it was for the officer and the CJS to decide if it was in the interest of the public to carry on the investigation.
When I lay my head in my pillow I like to sleep well. In a world we are living a lot of Ethics has been forgotten.
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Liviu-Lee Roth
Liviu-Lee Roth
United States
Local time: 19:30
Romanian to English
+ ...
Bravo! I would've done the same! Nov 22, 2017

Cilmara wrote:

Hi Lidia,

I am sorry I only came across this now. I would def not agree with some of the comments here, in particular not the one from Misha as "Ethics" is extremely important in life - not only when working. As interpreters we often hold privileged information and we ought to be able to understand ethics and the importance of it.

I have a number of cases but one in particular I would share with you is as follows:

While working for the Social Services, I came across a case with a lady whose 12 years old daughter (who was in fact a niece she brought from Africa to live with her) was in foster care (due to sexual abuse by her eldest son, a 21 years old). Throughout the months I assisted her during contact time with "her" child, she kept on complaining that she had not money and should the girl come home again she needed a TV, a new bed, etc...which the Social worker managed to get for her.
After a few months , I was called to a police station from a completely different Constabulary to assist an officer to take a statement from a lady who had her home broken into. Upon arrival, the lady was the same lady I was seeing till a couple of weeks earlier who claimed she had not money to eat or anything, on that occasion she was claiming that "the thieves had taken £10K from her, and she knew who they were". She had her eldest son with her, who I recognised from a trial years earlier, for fire arm possession.
What should I do in face of all of this? Knowing the lack of communication between different constabularies from different boroughs it was unlikely that the police officer would find out that only 2 months ago she had no money to eat. I called the office outside and explained the situation to him, including that maybe it was wrong what I was doing and he could contact the Board to complain about me if that was what he though to be correct. As a professional, I do not and I will not pretend I don't know information which could be helping to stop people from wasting police time, the tax payers money and the system as a whole. The information I disclosed was true and it was for the officer and the CJS to decide if it was in the interest of the public to carry on the investigation.
When I lay my head in my pillow I like to sleep well. In a world we are living a lot of Ethics has been forgotten.


 
linkalanguages
linkalanguages  Identity Verified
United Kingdom
Local time: 23:30
Spanish to English
Disingenuous Feb 23, 2018

The Misha wrote:

I have - for the past thirty years or so - and never had any "ethical dilemmas". May I suggest you concentrate on your languages and practice interpreting rather than "study the Interpreter’s Code of Ethics". You'll be glad you did, and your bank account will thank you.


What an incredibly disingenuous response. Interpreting as a profession is RIFE with opportunities for ethical dilemmas. In my years of interpreting classes and evaluations this is a BIG topic that is focused on. The examples used in this thread are great, another I remember off the top of my head involved a case where a teenage girl is in a medical consult with her mother and she reveals to you privately that she's pregnant but doesn't want her mother to know. She is going for a procedure that is NOT safe for pregnant women. Do you alert the doctor, mother??

The mere fact that there are people disagreeing in these responses means that there ARE ethical dilemmas with varying opinions.


 
IrinaN
IrinaN
United States
Local time: 18:30
English to Russian
+ ...
Concerns, concerns... Feb 24, 2018

Sorry for being so straightforward but ethical dilemmas usually arise when people believe that their noses belong everywhere for the greater good. Sometimes they (the noses:-) ) truly do, but most of the time they don't.

Any interpreter dropping any kind of personal judgment or an assuming remark like "he is hardly local" in the middle of court proceedings, should and will be thrown out of the courtroom, and the law firm that hired him will regret it deeply. For one, he will, or mi
... See more
Sorry for being so straightforward but ethical dilemmas usually arise when people believe that their noses belong everywhere for the greater good. Sometimes they (the noses:-) ) truly do, but most of the time they don't.

Any interpreter dropping any kind of personal judgment or an assuming remark like "he is hardly local" in the middle of court proceedings, should and will be thrown out of the courtroom, and the law firm that hired him will regret it deeply. For one, he will, or might, benefit the opposite party, or the judge will simply ask the jury to disregard, take a break and invite both lawyers in his chambers for a chat. Do you understand the value and the consequences of every sound buzzing in the courtroom air, or the concept of burden of proof? I'm afraid the judge will need a face lift after hearing something like that from the interpreter. No one can open his mouth and blab out of the blue, affecting one of the parties, before having been put on the witness list and sworn before taking a witness stand. If anyone is interested in one's opinion, that is. My honest advise for working with the lawyers - do not speak until spoken to.

About the recent example with the teenage girl. No dilemma here either. The sad story lies in the entirely different domain. From what you've learned through a willing disclosure by the owner of the information, it became clear to you that, to the best of your knowledge, life and/or well-being of an unaware child may be in danger. Nothing else matters any longer. The interpreter should tell the girl that she put him/her in an impossible position - you became, or you believe that you became aware of an imminent health risk to a minor and must notify the responsible adult (mother) or a doctor (thank God, you don't have to mess with the authorities with those two available) immediately unless the girl does it herself. And that you'll possibly have to withdraw yourself from the assignment otherwise, which will call for more questions from the mother and the doctor. The girl will have to tough it out. Not easy but no dilemma, IMhO. It should console you that the time will come when she'll understand that you saved her rather than "betrayed" her.

What does indeed pertain to the profession is that we should make it clear beforehand that every piece of medical information must come from, or in the presence of, a doctor, and avoid any conversations with one side only at all costs. I am happy for the lucky girl who spilled it in time, I hope you "reported" her as I would have in an instant should she try to back off but we are no keepers and no confidants.

On a side note - honestly, if I were a doctor dealing with a teenager old enough to get pregnant and pregnancy being such an issue in a particular case, I would have asked the question AND explained the serious reason behind it. No way the girl could have kept a poker face, teenagers are such poor liars and frightened puppies under pressure and scare, unless they are some hardened juvenile criminals... But this is beside the point, I'm just the interpreter with my own responsibilities:-).

Respectfully,
Irina
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Liviu-Lee Roth
MollyRose
 
Kaspars Melkis
Kaspars Melkis  Identity Verified
United Kingdom
Local time: 23:30
English to Latvian
+ ...
this Feb 26, 2018

linkalanguages wrote:
The mere fact that there are people disagreeing in these responses means that there ARE ethical dilemmas with varying opinions.


IrinaN wrote:
On a side note - honestly, if I were a doctor dealing with a teenager old enough to get pregnant and pregnancy being such an issue in a particular case, I would have asked the question AND explained the serious reason behind it. No way the girl could have kept a poker face, teenagers are such poor liars and frightened puppies under pressure and scare, unless they are some hardened juvenile criminals... But this is beside the point, I'm just the interpreter with my own responsibilities:-).


Most likely the pregnancy test will be done before the procedure that can be harmful to the unborn child or mother. However, doctors often forget to do necessary tests or ask these questions and medical errors happen and can be quite disastrous. The question is what would be the best way for the interpreter to intervene when suspecting medical error with harmful consequences?

In fact, the investigations of medical errors reveal that often at least one member of the staff was aware of it but chose to say nothing out of fear of being ridiculed by senior members. Therefore it is encouraged to express concerns regardless of your position. If you are wrong, then nothing bad will happen, but if you are right then someone will be saved from great suffering.


 
Liviu-Lee Roth
Liviu-Lee Roth
United States
Local time: 19:30
Romanian to English
+ ...
SOCIAL IMPACT OF JUST INTERPRETING Mar 3, 2018

”Court interpreters shall refrain from giving advice of any kind to any party or individual concerning court procedures and legal matters, and shall not express personal opinions concerning any matter before the court.”
”Interpreters shall limit themselves to interpreting or translating, and shall not give legal advice, express personal opinions to individuals for whom they are interpreting, or engage in any other activities which may be construed to constitute a service other than
... See more
”Court interpreters shall refrain from giving advice of any kind to any party or individual concerning court procedures and legal matters, and shall not express personal opinions concerning any matter before the court.”
”Interpreters shall limit themselves to interpreting or translating, and shall not give legal advice, express personal opinions to individuals for whom they are interpreting, or engage in any other activities which may be construed to constitute a service other than interpreting or translating while serving as an interpreter.”

I fully agree and comply with the stated rules of the Code of Ethics for court interpreters but, it seems that nobody has analyzed yet the social impact of some aspects that arise in the process of court interpreting. The following two cases pertain ONLY to EOIR (immigration asylum claim) hearings.

Case # 1: Respondent A.B., Romanian national, claimed to belong to a certain ethnic group that is
the target of persecution in Romania. He testified that Romanian nationals set afire his
house and burnt and killed his grandmother and livestock, forcing him to flee the country.
Toward the end of the hearing, the DHS trial attorney asked the interpreter to sight
translate A.B.’s national ID card. The card read that the responded actually lived in a
large city in an apartment building. Not the trial attorney nor the judge noticed the
discrepancy and as a result the judge granted him the asylum.

Case #2: Respondent C.D., Moldovan national, claimed that he belonged to a certain ethnic group
and despite the fact that he was able to attend college, he was discriminated, tortured by the police
and persecuted in his country. To the interpreter it was obvious that C.D. lied trough his teeth
but the court granted him the asylum.

Now fast forward to a few years later.

Case#1: A.B. was arrested for being the leader of a criminal organization that preyed on
unsuspecting victims and was able to steal over 4 million USD.
Could this situation have been prevented? I guess so.

Case#2: C.D. continued his studies in the US and now he is an assistant professor working toward
his PhD.
Could the interpreter prevent this from happening? Yes.


[Edited at 2018-03-04 17:33 GMT]
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Doina Vintila
 
nini24
nini24
United States
Local time: 18:30
English to Chinese
+ ...
Nice Feb 21, 2019

Anton Konashenok wrote:

For an example of a classical interpreter's dilemma and one of the two ways out of it, I'll quote an esteemed colleague from an ancient forum topic that resurfaced just yesterday:

Aurora Humarán wrote:

A Spanish speaking bandit held up a bank in Tucson. The sheriff and his deputy chased him. When they captured him, and the sheriff, who couldn't speak Spanish, asked him where he'd hidden the money. "No sé nada," he replied.

The sheriff put a gun to the bandit's head and said to his bi-lingual deputy: "Tell him that if he doesn't tell us where the money is right now, I'll blow his brains out."

Upon receiving the translation, the bandit became very animated. "¡Ya me acuerdo! Tienen que caminar tres cuadras hasta ese gran arbol: allí está el dinero."

The sheriff leaned forward. "Yeah? Well..?"

The deputy replied: "He says he wants to die like a man."




Hahaha, muy funny.


 
DZiW (X)
DZiW (X)
Ukraine
English to Russian
+ ...
bank secrecy, legal secrecy, state secrecy, seal of confession... Feb 21, 2019

I appreciate individuals with strong will and pro-active attitude (aka whistle-blowers, making the world a little better). However, I really doubt that translators/interpreters are more 'righteous and pious' than bank officers, lawyers, security service officers, clergymen, priests, or any others.

Fancy, how many people twist and implicate "ethics", "equality" and "freedom" to the irrelevant things. There will never be the said "the wolves are sated and the sheep intact"... See more
I appreciate individuals with strong will and pro-active attitude (aka whistle-blowers, making the world a little better). However, I really doubt that translators/interpreters are more 'righteous and pious' than bank officers, lawyers, security service officers, clergymen, priests, or any others.

Fancy, how many people twist and implicate "ethics", "equality" and "freedom" to the irrelevant things. There will never be the said "the wolves are sated and the sheep intact" for one is always at the expense of the other.

How come you are a judge, a prosecutor, a lawyer, or an accomplice? One can't just temporary side one person or the other, without telling traditions and likings from responsibility via an alternative truthiness POV. Let the specialists and the jury decide it--that's why they are there; and retrials. Finally, all people will reap the consequences, why?

As for a dilemma,
a soldier may ask questions only after executing the order
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Doina Vintila
Doina Vintila
United Kingdom
Translate Adress in Court Jan 15, 2023

If a defendant declare a different address in Court than the ID adress the interpret should translate nothing else more.
One person can live a different address then ID adress or have more than one.
There isn't any dilemma for the interpret.


 
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Ethic dilemmas for interpreters







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