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Translation Problem at the ECCC
By
Kok-Thay Eng
Deputy/Research Director
Documentation Center of Cambodia (DC-Cam)
I have had
some experience translating the Khmer Rouge historical and legal
documents at DC-Cam. With so much pressure, the
interpretation/translation team at the ECCC has been hard at work
doing their jobs. Translation/interpretation can only be as good as
the original statement. My experience in translating interview
transcripts suggests that speech in Khmer tend to be incomplete or
missing information, especially speech by villagers and traumatized
victims. Only people who are familiar with their stories can follow.
When a translator tries to replicate this in the target language,
listeners might feel it is a translation mistake when in fact that
was how it is stated in the original. In addition, as much as
Cambodia is going through political and social transitions, Khmer
language is also being transformed through trade, the media, civil
society interactions and international politics. New ideas and
concepts are everywhere in Cambodia, which are not settling down.
Both translators and readers are trying to catch up. In Khmer
language there is no consensus on legal terminology. I believe that
in English, there is such consensus since modern laws have been
widely practiced and concepts are written, discussed and used in
many formats over and over. Therefore interpreting legal speech from
Khmer to English can be daunting because original language might not
be clear enough. Interpretation from English to Khmer can also be
difficult because the listeners in Khmer might not understand
interpreted legal concepts. Of course there are law dictionaries but
in special cases confusions can happen.
However,
having said that there are a few ways that interpretation at the
ECCC might be improved. The interpreters at the ECCC should study
speech patterns of people who speak often at the ECCC. They should
also study those people’s views, positions and their frequently used
terminologies. For example, they should study Duch’s case file, his
biography, the way he speaks, the prison system and related legal
terminologies for his particular case. Different interpreters should
specialize in different people. Interpreters should also try to
anticipate court discussions. In addition, one should also recognize
that beyond a certain period of simultaneous/consecutive
interpretation, the interpreter can get confused. At this point
shift should be made. As much as the interpreters are trying their
best to help the communication within the courtroom, legal personnel
in the court should also simplify their speech and be as precise as
possible.
The
translation issues at the ECCC highlight the vital role of the
translation/interpretation works for the functioning of the court.
It should be treated as a very important element in the court
process. Translator/interpreter also needs trainings as much as
other personnel at the court do. There are always mistakes in the
interpretation/translation if we try to find them.
End.
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