Interpretation Adequate resources are also an issue with regard to the provision of interpretation. To ensure a fair trial, a suspect must “be informed promptly and in detail in a language in which he understands of the nature and cause of the charge against him” (ICCPR, article 14). In the Strengthening of the UN Safeguards, countries retaining the death penalty are encouraged to provide interpretation or translation for defendants who do not sufficiently understand the language used in court to ensure they are fully informed of all charges against them and the content of the relevant evidence deliberated in court.21 Interpretation is particularly important for police interviews in the investigation stage after which translation errors can be hard to correct. Our study revealed inadequate translation services for foreign nationals as well as minority groups in death penalty cases across Asia. In Taiwan, the Code of Criminal Procedure guarantees vulnerable defendants the right to be assisted by an interpreter, and provides for the appointment of an assistant and the suspension of a trial for defendants with mental disorders. However, TAEDP found that in practice, the investigating and trial authorities lack full-time judicial interpreters, and therefore rely heavily on contract interpreters without complete professional training. They are generally contacted at short notice and receive a small amount of remuneration. The current law does not provide a mechanism to guarantee that a defendant who is not proficient in Chinese will be assisted by an interpreter when communicating with her defence lawyer. If translation is needed, the defendant must hire an interpreter at her own expense. An ICJR survey in Indonesia showed that of 23 defendants who required an interpreter, four received no assistance at all during proceedings. In Asian countries that retain the death penalty for drug crime a large number of foreigners face prosecution and will need interpreters. As with legal assistance, the competence and quality of interpretation was an issue. In one example, a Filipino defendant was provided with an English translator although she only understood Tagalog (Filipino language). Our Malaysian researcher also found that access to interpreters for those facing the death penalty was inadequate. Although the right to interpretation in an open court is guaranteed in the Malaysian Criminal Procedure Code there are no guarantees that it will be available outside the courtroom. Whenever evidence is given in a language not understood by the accused, and he is present in person, it should be interpreted in open court in a language which he understands. However, our researcher found that the Court can find it difficult to secure competent interpreters with many unfamiliar with legal language. The interpreters will normally understand English but lawyers’ submissions or witness testimony is generally given in Malay. Thus, the accused may not understand all the evidence against him or the proceedings. With interpretation not guaranteed outside the courtroom, the support provided to foreign nationals to prepare their defence varies greatly and will largely depend on resources made available by their embassy. 21 Strengthening of the Safeguards as Agreed by the Economic and Social Council Resolution 1996/15. https://www.un.org/ecosoc/sites/www.un.org.ecosoc/files/documents/2020/resolution-1996-15.pdf 16