“There is an atavistic tendency to consider Spanish as the language of justice. The tenim molt relates to our practice,” he asserts to Public the labor advocate of the Col·lectiu Ronda Natxo Parra. The lletrat, which calls “victory” the new organic law of the defense dret that will allow fer serve the català to the jutjats of the Spanish Stateadmit that the real problem arises in the little bit of language in justice in Catalonia.
“The situation is dramatic. The majority of judicial actions in Catalonia are based on Spanish because the tradition has been passed from generation to generation and therefore, unconsciously, you end up adopting the language of the person who is decidingwhich is the jutge”, afegeix. According to data published by the Department of Justice, only one 14.3% of judges in 2022 have been accredited with a C1 level of Catalan. In the case of advocates and prosecutors, the percentage ended up at 28% and finally fell to 9%, respectively.
The key is thatC1 accreditation is not a requirement, but rather a merit that allows you to obtain points for exploring an other territory. “Moltes vegades hi there are judges who come to Catalonia and learn Catalan, but a cop in know, Marxen. Aleshores sees another person that you have to train again. It’s a very curious contradiction,” argues the vice president of Platform for Language , Mireia Plana.
Overcoming the hegemony of Castilian in the Catalan justice system
In accordance with both the information published in July and Report of the Superior Court of Justice of Catalonia (TSJC)in 2023 it will dictate 17,453 sentences in Catalanthat is to say, a 6.8% of the total d’emeses (256,784). Since there is no specific information on the oral acts, it is estimated that the document is higher in judiciary, court proceedings, appearances and declarations, compared to the official writings and decrees.
For Parra, dictating all sentences in Catalan is “difficult”, but it would be possible through the previs procedures, “which do not depend on a reason and which are very set; they are models.” “It could establish the Catalan as a vehicular language for the administration of justiceas it is fa to the Generalitat or to the town councils”, afegeix.
By the way, Plana recognizes that the Catalan solution to the courts is “complex”, since the legal operators “are state cossos”That is to say, that any person can present themselves at any given Plaça de l’Estat. “There are some judgments that have come from other Spanish languages that do not connect with our language,” explains Plana, aware of the difficulty of establishing certified connection with Catalan as a mandatory requirement.
The Catalan state courts
Sad that the diagnosis in Catalonia did not continue to be so hopeful, Parra applauds the adoption of the new law of the right to defense, which allows any Catalan-speaking city to be involved in a judicial process that ended up in the Supreme Court ol’National Courtyou can use Catalan to communicate throughout the whole country.
Finally, the use of the co-official languages of the State – Catalan, Basque and Galician – to the courts was restricted to the territories on which these had an official character. If a feia case went to state court, please translate all the documentation and change the conversation to Spanishfaces the fact that the judiciary begins in a different language. “This is a great advance, because the accusation will not be able to express itself as it prefers and will tell it.”obligation to pose as an interpreter“But you will also have access to all official documentation and communications in Catalan,” celebrates Plana.
It is clear that the leaders of the Procés are obligated to defend themselves in Spanish before the Supreme Court because they will not be allowed to benefit from simultaneous translation. Only the consecutive translation ―phrase by phrase―, a procedure that they will rebutjar because it carves out the discourse and does not allow it to be expressed “spontàniament.”
“In a situation of defenselessness or neglect, in front of a court, it is logical that a vulnerable person employ the type of communication that is most familiar to him and with which he can express all the matisos“, asserts Plana. Turull, Cuixart or Junqueras, among others, will not be able to exercise the dret that this ruling has come into force. In fact, the general secretary of Junts and the former president of Òmnium, finally, will have to translate the materials some prove to the judge Manuel Marchena or the prosecutor Jaime Moreno because they are written in Catalan.
Change the perception of language
According to the darrer reportCAT from Platform for Languagewhich draws on data from an Omnibus survey by the Center d’Estudis d’Opinió, 49% of Catalan speakers think that expressing oneself in Catalan in a court in Catalonia may harm one’s interests. The figure faces increasing further in the case of presenting writings in Catalan: most of the survey participants (51%) believe that this would not be favourable. Plana regrets the negative perception that the social security society can affect the use of a different language from Spanish, “not only in terms of the judicial system, but also in terms of national security matters.”
“You can change this view of Catalan speakers, but also from the other part. They have to understand that using Catalan in a court or in front of the National Police or the Civil Guard It is not a random question, a capricious thing to do the opposite.“When a person is subjected to a tense situation, it is normal that the one who supplies them is their own language,” he said.
It is evident that “tota pedra fa paret”, but for the Platform for Language, promoter of the recommendations to the project of llei that is a reality, it is essential to understand that the coneixement of the language is not a superfluous questionbut in areas such as justice or health, it is “basic and primordial” to guarantee the right of citizens to defend themselves or to be adequately protected.
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