Introduction 

The deaf members of society face many challenges on a daily basis, which become even more complex in a prison environment. The issue of deaf prisoners is rarely discussed, but its importance cannot be underestimated. This article analyses their situation, identifies the main problems and proposes possible solutions that could improve their conditions.

We turned to Tomas Dunko, a deaf lawyer who has long been working on the issue of deaf and deaf Roma in the criminal justice system. We asked him to comment on the main problems experienced by deaf people in criminal proceedings, as well as on possible solutions to their difficult situation.

The Deaf people, language deprivation and their status in criminal law

The language deprivation of the deaf is not only an educational and social problem, but also has serious implications in the field of criminal law. Lack of access to information, limited communication skills and low literacy partially or fully exclude deaf people from being able to defend themselves effectively in criminal proceedings. This applies not only to deaf people from mainstream society, but also to deaf Roma, who find themselves in an even more vulnerable position – whether as victims, witnesses or accused.

The legal status of the deaf in criminal proceedings

Under the Criminal Law, a person with a hearing impairment has the right to an interpreter if he or she does not understand or know the language in which the proceedings are conducted. This interpreter may be fluent in Slovak sign language or another communication system preferred by the accused or witness. If deaf Roma or other deaf people do not speak a standardized sign language and use community signing systems, their statements may be misinterpreted and incorrect legal decisions may be made.

In addition, the Act on the Execution of Prison Sentences requires that persons undergoing imprisonment be informed of their rights and obligations in a manner that is comprehensible to them. For deaf prisoners, this should mean the provision of a sign language interpreter, but in practice this obligation is often underestimated or poorly implemented.

 

The risks of language deprivation in criminal proceedings

The deaf people as well as deaf Roma who find themselves accused or convicted face a number of systemic problems resulting from their language deprivation:

• Limited understanding of legal transactions – Many deaf and deaf Roma do not understand legal terms, and if they do not speak Slovak sign language, there can be fundamental misunderstandings when communicating with investigators, courts or defense lawyers. In such cases, it happens that they do not know what they are admitting to or what their rights are.

• Lack of interpreters proficient in community sign systems or lack of qualified interpreters for law – The Criminal Procedure Law guarantees the right to an interpreter, Deaf people often use Slovak sign language on an ad hoc basis, but due to their low literacy level, and in the case of deaf Roma who do not use the official Slovak sign language, but rather community signing systems that are only understandable within their social environment, their statements may be misinterpreted and inaccuracies may occur in court proceedings.

• Difficult conditions in the execution of sentences – There is no systematic support for deaf prisoners in prisons in Slovakia. Information about the rules of detention, the daily regime or the possibility to apply is often only available in written or oral form, which can be practically incomprehensible for the linguistically deprived deaf. This can lead to violations of their rights, unwitting violations of prison rules or social isolation within the prison community.

The potential solutions: a more inclusive approach in criminal law

In order to avoid injustice to deaf people in the criminal justice system, measures must be put in place to ensure their rights:

• Training for interpreters and lawyers – There is a need to train court interpreters in community signing systems and Slovak Sign Language so that they are able to communicate effectively with the deaf. It is also important that lawyers and judges understand the specificities of language deprivation and its implications for understanding legal processes.

• Improving access to information – Information on the rights and obligations of accused and convicted prisoners should also be available in visual or sign language formats to ensure that it is truly understood by deaf prisoners.

• Improving the availability of interpreters – Introducing regular access to sign language interpreters could remove many communication barriers. This would involve working with deaf communities and sign language experts. In addition, it would be useful to establish a database of qualified interpreters who would be available on request. It would also be important to provide interpretation not only for formal interviews but also for everyday situations such as doctor’s appointments, legal consultations and educational programmers.

• Accessible materials – Producing information materials in sign language and with subtitled videos would ensure that deaf prisoners have the same access to information as others. Materials should include basic prison rules, emergency procedures, a list of available services, and legal information. The use of modern technology, such as touch-screen digital kiosks or mobile apps adapted for the deaf, could significantly improve their orientation in the prison environment.

• Training – education for staff – Educating prison staff about the needs of deaf people, including basic sign language skills, could improve relationships and communication. Such training should be mandatory for all staff to learn basic signing skills and to learn how to communicate effectively with deaf inmates. In addition, regular workshops and seminars led by experts on deaf issues should be introduced to help staff understand the specific challenges faced by these prisoners.

• Mental health support – Providing therapies and support groups tailored for deaf people can help to alleviate the negative effects of isolation and support their rehabilitation. It would be important to employ psychologists and therapists with sign language skills who could offer both individual and group therapy. Support groups for deaf people could create a safe space for sharing experiences and mutual support. In addition, programmers could be put in place to develop social skills and prepare for re-entry into society after release from prison.

Conclusion: The invisible vulnerable group in the criminal system

The deaf people are in a uniquely vulnerable position in the criminal justice system – not only do they face language deprivation, but their communication barriers can lead to unfair treatment and legal uncertainty. Although legislation formally guarantees them rights, the reality shows that these rights are not always effectively fulfilled.

If the criminal justice system is to be fair and inclusive, it is essential that the state and legal professionals pay more attention to the specificities of this group. Providing quality interpreters, training lawyers and improving prison conditions for the deaf are key steps to remove the barriers they face.

The language is not only a means of communication, but also a tool for exercising rights. If deaf Roma do not have full access to language, they do not have full access to justice.

PhDr. Mgr. et. Mgr. Tomáš Dunko, PhD
Bc. Juraj Holéczy
Jozef Vahovský