The official language of the courts in The Gambia is English, but those who cannot speak English rely on interpreters to communicate with magistrates, which is guaranteed by section 24 subsection (3) (f) of the Constitution of The Gambia. It says: “Every person who is charged with criminal offence shall be permitted to have without payment the assistance of an interpreter if he or she cannot understand the language used at the trial of the charge.”
The absence of interpreters is undermining the access to proper and timely jury for non-English speakers, according to Professor Ludmila Stern, Australian historian and interpreter. ”Removing language barriers is essential to ensuring people with limited or no English proficiency receive a fair trial, interpreters, judges, magistrates and lawyers must work collectively towards optimal communication to ensure non-English speakers have equitable access to justice,” he states.
Magistrate Mben Faal, during her court proceedings, attested to the absence of language interpreters in court, saying it is a problem and has been causing delay in court proceedings.
Prosecutors also complain of delay and violation of human rights, as some of the accused persons facing trial spend more than a year in remand.
