Decision of the Constitutional Court of the Republic of Macedonia

U.br. 36/98 of 25.11.1998

Headnotes:

The right of the inhabitants belong to nationality, residents of the Republic of Macedonia, to use the language and alphabet of the nationality that they belong to in communication with court, whereby the court ensures free translation, relies on consideration of the principle of fair trial and does not put in question the official use of the Macedonian language.

The official court activities (deliverance of invitation and other writings) can not be pursued by using language other than the official one.

Summary:

The applicant considers that besides the Macedonian language, the Law on criminal procedure introduces nationalities' language in official use within the criminal procedure, which is not in compliance with Art.7.2. and Art.7.3. of the Constitution according to which the languages of the nationalities can be officially used only in local self-government units (under certain conditions) and not within state bodies, such the courts are.

Pursuant to disputed provisions, inhabitants belonging to nationality, residents of the Republic of Macedonia are granted the right to use language and alphabet of the nationality that they belong to. They can lodge petitions with courts by using the language and alphabet of the nationality that they belong to. This right is also granted to other persons who do not understand and speak the Macedonian language and its alphabet. Also, these provisions introduce an obligation for the court to deliver the invitation and other writings to these individuals not only on the Macedonian language, but also on the language and alphabet of the nationality that they belong to.

One of the minimum right of the accused in the proceedings is the right of free translator in case when he/she does not understand or speak the language of the court (Art.6.3.g. from the ECHR). The principle of fair trial is an essential and legitimate condition required for human rights protection. The use of language in criminal procedure need not to be observed only in relation with the question of its official use, but within the framework of position in the proceedings, not only of the accused, but also of the other parties. Therefore, bringing the right of use of the own language and the right of free translator in connection with the citizenship and nationality affiliation, and not with ignorance of the language used by the court, constitutes standard of higher range in the protection of human rights in the criminal procedure. This enables the individual to use its language which naturally understands and speaks more authentically.

The extension of this right to other parties in the procedure (including foreigners), also contributes the principle of fair trial and it is higher standard in the protection of position of all parties in the procedure, not only of the accused.

Court obligation to deliver the invitation and other writings also by using the language of the nationality that the party belongs to (beside the Macedonian language), does not constitute right of the individual towards its position in the criminal procedure aiming to ensure fair trial, but it introduces duties for the court to use language other than the official one, which is not in conformity with Art.7.1. of the Constitution according to which official language in the Republic of Macedonia is the Macedonian language and its Cyrillic alphabet.