which that person habitually resides.74 Article 13(3) of the Tokyo Convention, in contrast,
does not recognise the right to be visited by a representative but just to ‘communicate
immediately’ with the representative.75
(f) Right to an interpreter
The ICCPR stipulates that all rights recognised in the Covenant are to be respected
irrespective of the language of the individual to whom a right applies.76 Consequently Article
14 of the ICCPR, in setting out the minimum guarantees to be enjoyed by a person subject to
a criminal charge, provides that everyone is to be informed promptly and in detail, in a
language which they understand, of the nature and cause of the charge against them,77 and is
to have the free assistance of an interpreter if they cannot understand the language used in
court.78
The ICCPR, however, does not include a specific broader right in relation to the use of an
interpreter, for example, if a person is detained without charge. Nonetheless, in our view, it
is implicit in Article 9(4) that the entitlement of a person deprived of their liberty to take
proceedings before a court in order that the court may decide on the lawfulness of detention
necessarily includes the provision of interpretation assistance if required.
Like the ICCPR, the Body of Principles on Detention are expressed as applying to all persons
‘without distinction of any kind, such as … language.’79 Principle 14 further provides that:
A person who does not adequately understand or speak the language used by the authorities
responsible for his arrest, detention or imprisonment is entitled to receive promptly in a language
which he understands the information referred to in principle 10 [reasons for arrest], principle 11,
paragraph 2 [communication of order of detention], principle 12, paragraph 1 [record of
information to be made], and principle 13 [explanation of rights] and to have the assistance, free
of charge, if necessary, of an interpreter in connection with legal proceedings subsequent to this
arrest.
73
See also Article 6(3), Hostages Convention; Article 7(3) Terrorist Bombings Convention; Article 9(3)
Financing of Terrorism Convention; Article 7(3), Safety of Maritime Navigation Convention.
74
Article 10(3), Draft Terrorism Convention.
75
See also Article 6(3), Hague Convention; Article 6(3), Montreal Convention.
76
Article 2(1), ICCPR.
77
Article 14(3)(a), ICCPR.
78
Article 14(3)(f), ICCPR.
79
Principle 5, Body of Principles on Detention.
53