Kiri

I hope this message finds you well.

I am writing to request information regarding the sworn translation of judicial documents from Spanish (Peru) to Estonian. These documents are related to an exequatur process before the Superior Court of Lima, Peru. The documents include original court pleadings (demand) and judicial resolutions. These documents must be sent by the Superior Court of Lima, Peru, to Estonia for the purpose of notifying an Estonian citizen (exequatur).

We want to ensure full compliance with all procedural requirements so that the documents can be properly notified to the Estonian citizen in Estonia. The Superior Court of Peru has requested that we provide information on the procedure for proceeding with the translation, so that the exequatur letter rogatory can be sent by the Superior Court of Justice of Lima to a judicial court in Estonia.

Our first question is:  Would it be sufficient for the judicial courts of Estonia to accept a sworn translation from Spanish into English instead of Estonian, or is a translation strictly required in the Estonian language?

We have seen that Article 81 of the Administrative Court Procedure Code states: If a document submitted to the court is not in Estonian, a translation is required. The court may order the party to provide the translation or arrange it at the party's expense. The court can require the translation to be done by a sworn translator, and for general non-Estonian documents, acceptance of translations into other languages (e.g., English or French) depends on the recipient party and the court.

Additionally, we have found your contact details listed on the official website of the Ministry of Justice and Digital Affairs of Estonia at: https://www.justdigi.ee/en/legal-services/sworn-translators#hispaania

From that site, we have read the following relevant information:

• Only persons with the profession of a sworn translator can operate as sworn translators in Estonia.

• A sworn translator is the only professional competent to prepare official translations for submission to Estonian or foreign administrative agencies, including documents such as court decisions, diplomas, or registry extracts.

• Sworn translators fulfill duties including certifying the authenticity of documents and arranging apostille verification with a notary.

• Since January 1, 2020, only sworn translators have the competence to prepare official translations in Estonia (notaries no longer issue official translations).

• If there are no sworn translators specialising in a particular foreign language in Estonia, translations must be certified by a competent official in the foreign country or first translated into a common language (e.g., English, German, or Russian) before being translated into Estonian.

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In light of these points and considering the judicial documents in question, kindly provide information on the following:

1. Do Stonian Translators offer sworn translations for judicial documents from Spanish to Estonian?

2. Is it possible for Stonian Translators to complete the translation and send the sworn translation to Peru?

3. Would the translated documents require an Apostille (Hague Apostille) to be valid in Peru or Estonia?

4. Do Stonian Translators need to receive the original hard copies of the documents, or would digital copies sent by email suffice for the translation and certification?

5. Once the translation is completed, is it necessary to send to Lima (Peru) the physical translated and apostilled documents, or would a digital copy be sufficient, considering the Hague Apostille is verifiable online?

6. How do Stonian Translators handle delivery of the translated documents—digital copy only, or do you also provide physical copies? 

7. What methods is advisable for sending the final documents to Peru?

Thank you very much for your assistance. I look forward to your reply.

Best regards,