Practice Relating to Rule 100. Fair Trial Guarantees
Section H. Assistance of an interpreter
Peru’s Code of Military and Police Justice (2006) states:
The accused shall have the right to solicit an interpreter to assist in his or her defence if he or she does not correctly understand the official language or cannot express him- or herself in this language. If the accused does not make use of this right, the judge shall appoint an interpreter in accordance with the rules of public defence.
The Code also states:
1. All procedural acts shall be carried out in Spanish.
2. Should a person not understand this language or cannot communicate easily, the necessary assistance shall be provided to allow the process to be carried out in a regular way.
3. A translator or interpreter, as required, shall be provided to persons who do not speak Spanish, to those who are allowed to communicate in their own language, and to deaf-mute persons and those with any impediment in making themselves understood.
4. Documents and recordings in a language other than Spanish shall be translated when necessary.
Peru’s Military and Police Criminal Code (2010), which includes provisions on crimes under international humanitarian law, states in a chapter entitled “Procedural principles and guarantees”:
The accused has the right to request an interpreter to assist him or her in making a statement if he or she does not correctly understand the official language or cannot express him- or herself in the official language or if he or she has a physical disability and needs to express him- or herself by using sign language. If the accused does not exercise this right, the judge must assign him or her a legal aid interpreter in accordance with the rules established for legal aid defence lawyers.