"The Work of a Court Interpreter: Behind the Scenes"

2020/01/30

Article 1 of the Code of Criminal Procedure states, "The purpose of this Act is to clarify the truth of cases in criminal cases, while ensuring the maintenance of public welfare and the guarantee of fundamental human rights of individuals, and to realize the appropriate and prompt application of penal laws and regulations," and Article 74 of the Court Act declares, "The Japanese language shall be used in court."

On the other hand, our daily lives are increasingly intertwined with foreign tourists and residents. Situations that suddenly disrupt daily life can happen to both Japanese and foreign nationals. What if illegal drugs "somehow" appear from the bottom of your luggage at airport immigration? What if you "realize" you are speeding away on a stranger's bicycle? What if you suddenly wake up in a police detention facility, and the suspect is a foreign national? In such times, the person who rushes to the scene along with the defense attorney is the "court interpreter."

A few years ago, I decided to argue that to fulfill this physically demanding responsibility without distorting Article 1 of the Code of Criminal Procedure in the slightest, an interpreter skilled only in language conversion is not enough; a "court interpreter" equipped with knowledge of criminal procedure law is also necessary. It was Mr. Tomotake Okada of Keio University Press who continued to encourage me when I was on the verge of giving up several times.

While juggling a daily schedule busy with university lectures, department management, and student recruitment, I rushed to police stations under the starry sky to respond to requests from the Japan Legal Support Center (Houterasu) to accompany interviews, all while writing this book in parallel.

As I did my small part to facilitate the activities of brilliant young court-appointed attorneys, sometimes visiting the Tokyo Detention House almost every day, what supported me at a deep level were the words I learned at Keio University: "Law is the minimum requirement of morality." Compliance with the law alone would not have maintained the peace of Japanese society, which is world-renowned.

Times have changed, values have shifted, and the people living in Japan have diversified. For Article 1 of the Code of Criminal Procedure to remain solemnly in place, the message of criminal procedure law must be conveyed equally and correctly to those who do not understand Japanese. What is needed for that is a "court interpreter" who also possesses legal knowledge. The cover of this book features the ceiling of the Grand Hall of the Supreme Court, which embodies the ideal state of justice. I hope you will pick up a copy.

"The Work of a Court Interpreter: Behind the Scenes"

Yasuko Kobayashi

Keio University Press

208 pages, 1,800 yen (excluding tax)

*Affiliations and titles are as of the time of publication.