Chapter 6 • The Right to a Fair Trial: Part I – From Investigation to Trial 6.3 The right to be notified of the charges in a language one understands Article 14(3)(a) of the International Covenant on Civil and Political Rights provides that in the determination of any criminal charge against him, everyone shall be entitled “to be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him”. Article 6(3)(a) of the European Convention is similarly worded, while, according to article 8(2)(b) of the American Convention on Human Rights, the accused is entitled to “prior notification in detail ... of the charges against him”. The African Charter on Human and Peoples’ Rights contains no express provision guaranteeing the right to be informed of criminal charges against oneself. However, the African Commission on Human and Peoples’ Rights has held that persons arrested “shall be informed promptly of any charges against them”.57 With regard to a person under arrest, Principle 10 of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment provides that he “shall be promptly informed of any charges against him”. The right to be informed of charges in a language one understands implies, of course, that the domestic authorities must provide adequate interpreters and translators in order to fulfil this requirement, which is essential for the purpose of allowing a suspect to defend him or herself adequately. This more general right to provide interpretation during investigation is specifically included in Principle 14 of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, according to which “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, principle 11, paragraph 2, principle 12, paragraph 1, and principle 13 and to have the assistance, free of charge, if necessary, of an interpreter in connection with legal proceedings subsequent to his arrest.” The duty to inform a suspect of his or her rights in general during investigation “in a language the suspect speaks and understands” is also included, for instance, in article 42 (A) of the Rules of Procedure and Evidence of the Rwanda and Yugoslavia Criminal Tribunals, which guarantee, furthermore, the right of a suspect “to have the free legal assistance of an interpreter” if he “cannot understand or speak the language to be used for questioning”. ***** According to the Human Rights Committee, the right to be informed in article 14(3)(a) “applies to all cases of criminal charges, including those of persons not in detention”, and the term “‘promptly’ requires that information is given in the 57 ACHPR, Media Rights Agenda (on behalf of Niran Maloulu) v. Nigeria, Communication No. 224/98, adopted during the 28th session, 23 October – 6 November 2000, para. 43 of the text of the decision as published at http://www1.umn.edu/humanrts/africa/comcases/224-98.html. 232 Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers