state department philippines
Posted in Philippines General Information on 05/14/2006 10:31 am by admin
A law about International Human Right to have an interpreter in court in the Philippines?
A German national in prison in the Philippines for multiple murder. The case is in court and the proceedings against the German National is continuing. The German was speaking only German and since then initiate procedures requested repeatetly for an interpreter. The Philippine Department of Justice, was first sent a list of available interpreters in the Judge refused an interpreter for the accused up to date and the event continues. Now the Philippine DOJ has stated that no budget for an interpreter at the German Embassy is to provide one, which The Embassy refused. I need to find a law that clearly state that the accused has the right to an interpreter and have to pay for it. The Philippine Government or German? Where can I find the law? Philippines is not bound by international human rights to provide an interpreter and what the law if they? Should not the case was dismissed on grounds of a violation of Human Rights?
First of all, it is the Philippines jurisdiction. Their law is supreme. Their legal system is a code or it is case law. So you need to find the Philippine's Criminal Code or in a related case from their law reports state of the interpreter must be provided. IF provison such a binding, do not say it in great detail. So it does not say 'the foreign state to provide it. ' likely such a provision is right and say the existing one should be provided by the state. failing that, you have to look into the German obligations to its citizens abroad. May perhaps not in this condition. And failing that, you need to check which international treaties and conventions in the Philippines are bound by. They are bound by one, then you can lobby the German Government to press for a UN motion to (be) to put pressure on the Philippines. Or, the Philippines will be signed up an agreement where people have the right to appeal to an international court for a violation of rights. No such agreement exists sanctions, I doubt. About Human Rights, many countries agreed to Universal Declaration on Human Rights. Others are not. This / that is non-binding, although customarily binds the member states of the UN. Many of the rights of more macro level than you want and think will be implemented through diplomatic pressure certain states. There may be a regional or national need to find agreement, the Philippines is party, which contains about the provision of an interpreter. Most people confuse Human Rights. The UK, for example, sign up for the Council of Europe European Convention on Human Rights. THIS IS nothing in the EUROPEAN UNION. Then, make rights can be done in English law, Parliament enacted the Human Rights Act 1998. If they are not done, then the rights have remained unenforceable. Individuals can now contest the case in local court and then Strasbourg. http://en.wikipedia.org/wiki/HRA_1998 example, HRA 1998 enshrines the Articles of the ECHR, which means that a British citizen may bring a claim in a domestic court for a violation of an ECHR article (such as Article 6, the right to a fair trial: http://en.wikipedia.org/wiki/European_Convention_on_Human_Rights # Art._6_-_fair_trial Many people think this applies the world over - not the case. It is British law, enshrining the Council of Europe convention to our law. Priceless international law, binding directly to the states in the world. Must know what treaties and conventions that the Philippines has signed up and what the Philippines and Germany's obligations are. http://en.wikipedia.org/wiki/Human_rights # Universal_Declaration_of_Human_Rights As it is in Filipino jurisdiction, Germany may or may not be obligated to provide an interpreter. The ultimate step is to get Germany to work, or the Philippines. International Law is the law, but it is a very different animal from the local state law. No big 'book' of international law depends on.
