The kindapper and the kidnapped: Interpreting at the ICTY Nata Hajdu

ICTY  Established in 1993 by UN Security Council  International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991  Indictments, trials started 1995

ICTY Languages  Judges, prosecutors: English or French (official languages)  Defence counsel: any of above  Accused speak Bosnian/Croatian/Serbian (BCS), Albanian or Macedonian (working languages)

CLSS  Conference and Language Services Section  Part of Registry  Provides services to Chambers, Office of the Prosecutor, defence and Registry  Translation and interpretation  Transcripts

Code of Ethics Article 10 Accuracy 1. Truth and completeness (a) Interpreters and translators shall convey with the greatest fidelity and accuracy, and with complete neutrality, the wording used by the persons they interpret or translate. (b) Interpreters shall convey the whole message, including vulgar or derogatory remarks, insults and any non-verbal clue, such as the tone of voice and emotions of the speaker, which might facilitate the understanding of their listeners. (c) Interpreters and translators shall not embellish, omit or edit anything from their assigned work. (d) If patent mistakes or untruths are spoken or written, interpreters and translators shall convey these accurately as presented.

Hypothesis  Is there any consistent difference in the way interpreters interpret defendants and victims?  If yes, why? Interpreters’ output is function of their ethics

Data and methodology  Audio recordings of testimony of victims and defendants in trials (Srebrenica, Foca rapes)  Transcription of ST and TT  My translation of ST  Analysis of shifts

Shifts  Shifts of cohesion and coherence  Register shifts  Politeness shifts  Cultural shifts

 Časni sude, bio sam kindapovan.  Your Honour, I was kindapped.

Segment 1  Milosevic trial  Witness B-1054, testifying about an incident in Visegrad, BH, under protective measures

Pa kad smo tuj došli (1s) ćilimi što su bili prostrti oni su nečim bili posuti kao nekom (.) pf naftom gorivom tako da je tuj smo i našli toga naroda osim nas što su nas prećerali iz kuće u kuću (.) i tuj su nas popalili među nama je bila beba od dva dana starosti. Uglavnom da su djeca vrištala (.) žene starci pomagali ja sam do prozora odma prešla tako da sam izbacila sina od trinaest i po godina kroz prozor i da sam i ja za njim do dva-tri minuta iskočila kroz prozor u to me ranio lijeva ruka lijeva noga. Tako da sam u potok otišla i u kanalizaciju (.) u toj sam kanalizaciji ostala tri dana i tri noći (.) tuj sam se ucrvala. Well, when we got there (1s) the carpets that were strewn there they were soaked in something some (.) pf oil fuel so that there and we found the people other than us us who had been made to go there from one house to another (.) and here they set fire to us among us was a baby two days old. At any rate that the children were screaming (.) women the old people crying for help I went to the window immediately so that I threw out my thirteen-year-old son through the window and that I jumped out of the window after him two to three minutes later then he wounded me left arm left leg. So I went to the stream and into the sewerage canal (.) I spent three days and three nights in this sewerage canal (.) there I got maggots. When we reached this (1s) Omeragić house, the carpets (3s) had been: (3 s) some oil or fuel had been poured on the carpets. And that is when they set fire to us. Amongst us was a two-day-old baby. The children were screaming, the women, the old men were trying to help. I was right next to the window and I threw out my 13 year old son (.) out the window and then I followed him a couple of minutes later then I was wounded in my left arm and left leg… I went to the stream and the sewage canal where I stayed for three nights and three days.

Segment 2  Milosevic trial  Witness K-12, testifying about events in Kosovo, under protective measures

W: Ma, neću to da odgovorim. I don't want to answer that. I:I don't want to answer that. P:In February 1999 (4 s) did something happen (1s) when people came to your house, just yes or no first... I:Februara: 99. godine (3 s) da li se desilo nešto (.) da li su došli neki ljudi u vašu kuću odgovorite samo sa da ili ne. In February '99 (3s) did something happen (.) did some people come to your house, answer with just yes or no. W: Neka oni budu razumni (2s) da me ne pobrkaju ovde. Ja ne mogu da svedočim (.) jel' razumeju oni ovaj jezik koji ja pričam (.) jel razumeju šta znači da ne mogu ja ne mogu... Let them be reasonable(2s) so that they don’t confuse me here. I can't testify (.) do they understand this language I'm speaking (.) do they understand what it means that I can't I can't… I:Be (1s) reasonable, don't confuse me here (.) do you understand this language that I'm speaking (.) do you understand what I mean when I say I can't

P: Can I ask you please to listen to the question. In February 1999 (.) did men come to your house (.) yes or no please? I:Ja vas samo molim da saslušate pitanje. Februara 99. da li su neki ljudi došli u vašu kuću(.) da ili ne? I'm only asking you to listen to the question. In February '99 did some people come to your house (.) yes or no? W:Da l' su oni možda tvrdoglavi nekako kako da kažem da ne mogu da da sarađujem u tom smislu onda ne mogu da sarađujem i šta ima dobro može da me pitaju sto puta (1s) ja ću odgovorit jedan put da ne neću da sarađujem neću sad da trošim ovde i vodu i živce… Are they perhaps obstinate in some way how should I put it that I can't testify in this sense then I can't testify and what is there all right they can ask me a hundred times (1s) I will answer once that I don’t want to cooperate I don’t want to waste both water and nerves… I:Are they being obstinate or what? If I say I cannot cooperate in that sense then I can't! Don't ask me 100 times. I tell you I don’t want to lose my nerves here and keep drinking water and whatever, I can't.

Problems  Small sample  Norms/cognitive restraints/ethical choice  Participant observer status  Tertium comparationis  No access to any other data to triangulate findings