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Any of the above provisions of this Article may be varied by
mutual agreement between any two Parties to the conflict.
The Power on which the prisoner of war depends shall be
responsible for settling with him any credit balance due to him
from the Detaining Power on the termination of his captivity.
Article 67
Advances of pay, issued to prisoners of war in conformity with
Article 60, shall be considered as made on behalf of the Power on
which they depend. Such advances of pay, as well as all payments
made by the said Power under Article 63, third paragraph, and
Article 68, shall form the subject of arrangements between the
Powers concerned, at the close of hostilities.
Article 68
Any claim by a prisoner of war for compensation in respect of
any injury or other disability arising out of work shall be
referred to the Power on which he depends, through the Protecting
Power. In accordance with Article 54, the Detaining Power will, in
all cases, provide the prisoner of war concerned with a statement
showing the nature of the injury or disability, the circumstances
in which it arose and particulars of medical or hospital treatment
given for it. This statement will be signed by a responsible
officer of the Detaining Power and the medical particulars
certified by a medical officer.
Any claim by a prisoner of war for compensation in respect of
personal effects monies or valuables impounded by the Detaining
Power under Article 18 and not forthcoming on his repatriation, or
in respect of loss alleged to be due to the fault of the Detaining
Power or any of its servants, shall likewise be referred to the
Power on which he depends. Nevertheless, any such personal effects
required for use by the prisoners of war whilst in captivity shall
be replaced at the expense of the Detaining Power. The Detaining
Power will, in all cases, provide the prisoner of war with a
statement, signed by a responsible officer, showing all available
information regarding the reasons why such effects, monies or
valuables have not been restored to him. A copy of this statement
will be forwarded to the Power on which he depends through the
Central Prisoners of War Agency provided for in Article 123.
Section V
RELATIONS OF PRISONERS OF WAR WITH THE EXTERIOR
Article 69
Immediately upon prisoners of war falling into its power, the
Detaining Power shall inform them and the Powers on which they
depend, through the Protecting Power, of the measures taken to
carry out the provisions of the present Section. They shall
likewise inform the parties concerned of any subsequent
modifications of such measures.
Article 70
Immediately upon capture, or not more than one week after
arrival at a camp, even if it is a transit camp, likewise in case
of sickness or transfer to hospital or to another camp, every
prisoner of war shall be enabled to write direct to his family, on
the one hand, and to the Central Prisoners of War Agency provided
for in Article 123, on the other hand, a card similar, if
possible, to the model annexed to the present Convention,
informing his relatives of his capture, address and state of
health. The said cards shall be forwarded as rapidly as possible
and may not be delayed in any manner.
Article 71
Prisoners of war shall be allowed to send and receive letters
and cards. If the Detaining Power deems it necessary to limit the
number of letters and cards sent by each prisoner of war, the said
number shall not be less than two letters and four cards monthly,
exclusive of the capture cards provided for in Article 70, and
conforming as closely as possible to the models annexed to the
present Convention. Further limitations may be imposed only if the
Protecting Power is satisfied that it would be in the interests of
the prisoners of war concerned to do so owing to difficulties of
translation caused by the Detaining Power's inability to find
sufficient qualified linguists to carry out the necessary
censorship. If limitations must be placed on the correspondence
addressed to prisoners of war, they may be ordered only by the
Power on which the prisoners depend, possibly at the request of
the Detaining Power. Such letters and cards must be conveyed by
the most rapid method at the disposal of the Detaining Power; they
may not be delayed or retained for disciplinary reasons.
Prisoners of war who have been without news for a long period,
or who are unable to receive news from their next of kin or to
give them news by the ordinary postal route, as well as those who
are at a great distance from their homes, shall be permitted to
send telegrams, the fees being charged against the prisoners of
war's accounts with the Detaining Power or paid in the currency at
their disposal. They shall likewise benefit by this measure in
cases of urgency.
As a general rule, the correspondence of prisoners of war
shall be written in their native language. The Parties to the
conflict may allow correspondence in other languages.
Sacks containing prisoner of war mail must be securely sealed
and labelled so as clearly to indicate their contents, and must be
addressed to offices of destination.
Article 72
Prisoners of war shall be allowed to receive by post or by any
other means individual parcels or collective shipments containing,
in particular, foodstuffs, clothing, medical supplies and articles
of a religious, educational or recreational character which may
meet their needs, including books, devotional articles, scientific
equipment, examination papers, musical instruments, sports outfits
and materials allowing prisoners of war to pursue their studies or
their cultural activities.
Such shipments shall in no way free the Detaining Power from
the obligations imposed upon it by virtue of the present
Convention.
The only limits which may be placed on these shipments shall
be those proposed by the Protecting Power in the interest of the
prisoners themselves, or by the International Committee of the Red
Cross or any other organization giving assistance to the
prisoners, in respect of their own shipments only, on account of
exceptional strain on transport or communications.
The conditions for the sending of individual parcels and
collective relief shall, if necessary, be the subject of special
agreements between the Powers concerned, which may in no case
delay the receipt by the prisoners of relief supplies. Books may
not be included in parcels of clothing and foodstuffs. Medical
supplies shall, as a rule, be sent in collective parcels.
Article 73
In the absence of special agreements between the Powers
concerned on the conditions for the receipt and distribution of
collective relief shipments, the rules and regulations concerning
collective shipments, which are annexed to the present Convention,
shall be applied.
The special agreements referred to above shall in no case
restrict the right of prisoners' representatives to take
possession of collective relief shipments intended for prisoners
of war, to proceed to their distribution or to dispose of them in
the interest of the prisoners.
Nor shall such agreements restrict the right of
representatives of the Protecting Power, the International
Committee of the Red Cross or any other organization giving
assistance to prisoners of war and responsible for the forwarding
of collective shipments, to supervise their distribution to the
recipients.
Article 74
All relief shipments for prisoners of war shall be exempt from
import, customs and other dues.
Correspondence, relief shipments and authorized remittances of
money addressed to prisoners of war or despatched by them through
the post office, either direct or through the Information Bureaux
provided for in Article 122 and the Central Prisoners of War
Agency provided for in Article 123, shall be exempt from any
postal dues, both in the countries of origin and destination, and
in intermediate countries.
If relief shipments intended for prisoners of war cannot be
sent through the post office by reason of weight or for any other
cause, the cost of transportation shall be borne by the Detaining
Power in all the territories under its control. The other Powers
party to the Convention shall bear the cost of transport in their
respective territories.
In the absence of special agreements between the Parties
concerned, the costs connected with transport of such shipments,
other than costs covered by the above exemption, shall be charged
to the senders.
The High Contracting Parties shall endeavour to reduce, so far
as possible, the rates charged for telegrams sent by prisoners of
war, or addressed to them.
Article 75
Should military operations prevent the Powers concerned from
fulfilling their obligation to assure the transport of the
shipments referred to in Articles 70, 71, 72 and 77, the
Protecting Powers concerned, the International Committee of the
Red Cross or any other organization duly approved by the Parties
to the conflict may undertake to ensure the conveyance of such
shipments by suitable means (railway wagons, motor vehicles,
vessels or aircraft, etc.). For this purpose, the High Contracting
Parties shall endeavour to supply them with such transport and to
allow its circulation, especially by granting the necessary
safe-conducts.
Such transport may also be used to convey:
(a) correspondence, lists and reports exchanged between the
Central Information Agency referred to in Article 123 and the
National Bureaux referred to in Article 122;
(b) correspondence and reports relating to prisoners of war
which the Protecting Powers, the International Committee of the
Red Cross or any other body assisting the prisoners, exchange
either with their own delegates or with the Parties to the
conflict.
These provisions in no way detract from the right of any Party
to the conflict to arrange other means of transport, if it should
so prefer, nor preclude the granting of safe-conducts, under
mutually agreed conditions, to such means of transport.
In the absence of special agreements, the costs occasioned by
the use of such means of transport shall be borne proportionally
by the Parties to the conflict whose nationals are benefited
thereby.
Article 76
The censoring of correspondence addressed to prisoners of war
or despatched by them shall be done as quickly as possible. Mail
shall be censored only by the despatching State and the receiving
State, and once only by each.
The examination of consignments intended for prisoners of war
shall not be carried out under conditions that will expose the
goods contained in them to deterioration; except in the case of
written or printed matter, it shall be done in the presence of the
addressee, or of a fellow-prisoner duly delegated by him. The
delivery to prisoners of individual or collective consignments
shall not be delayed under the pretext of difficulties of
censorship.
Any prohibition of correspondence ordered by Parties to the
conflict, either for military or political reasons, shall be only
temporary and its duration shall be as short as possible.
Article 77
The Detaining Powers shall provide all facilities for the
transmission, through the Protecting Power or the Central
Prisoners of War Agency provided for in Article 123, of
instruments, papers or documents intended for prisoners of war or
despatched by them, especially powers of attorney and wills.
In all cases they shall facilitate the preparation and
execution of such documents on behalf of prisoners of war; in
particular, they shall allow them to consult a lawyer and shall
take what measures are necessary for the authentication of their
signatures.
Section VI
RELATIONS BETWEEN PRISONERS OF WAR AND THE AUTHORITIES
Chapter I. COMPLAINTS OF PRISONERS OF WAR RESPECTING
THE CONDITIONS OF CAPTIVITY
Article 78
Prisoners of war shall have the right to make known to the
military authorities in whose power they are, their requests
regarding the conditions of captivity to which they are subjected.
They shall also have the unrestricted right to apply to the
representatives of the Protecting Powers either through their
prisoners' representative or, if they consider it necessary,
direct, in order to draw their attention to any points on which
they may have complaints to make regarding their conditions of
captivity.
These requests and complaints shall not be limited nor
considered to be a part of the correspondence quota referred to in
Article 71. They must be transmitted immediately. Even if they are
recognized to be unfounded, they may not give rise to any
punishment.
Prisoners' representatives may send periodic reports on the
situation in the camps and the needs of the prisoners of war to
the representatives of the Protecting Powers.
Chapter II. PRISONER OF WAR REPRESENTATIVES
Article 79
In all places where there are prisoners of war, except in
those where there are officers, the prisoners shall freely elect
by secret ballot, every six months, and also in case of vacancies,
prisoners' representatives entrusted with representing them before
the military authorities, the Protecting Powers, the International
Committee of the Red Cross and any other organization which may
assist them. These prisoners' representatives shall be eligible
for re-election.
In camps for officers and persons of equivalent status or in
mixed camps, the senior officer among the prisoners of war shall
be recognized as the camp prisoners' representative. In camps for
officers, he shall be assisted by one or more advisers chosen by
the officers; in mixed camps, his assistants shall be chosen from
among the prisoners of war who are not officers and shall be
elected by them.
Officer prisoners of war of the same nationality shall be
stationed in labour camps for prisoners of war, for the purpose of
carrying out the camp administration duties for which the
prisoners of war are responsible. These officers may be elected as
prisoners' representatives under the first paragraph of this
Article. In such a case the assistants to the prisoners'
representatives shall be chosen from among those prisoners of war
who are not officers.
Every representative elected must be approved by the Detaining
Power before he has the right to commence his duties. Where the
Detaining Power refuses to approve a prisoner of war elected by
his fellow prisoners of war, it must inform the Protecting Power
of the reason for such refusal.
In all cases the prisoners' representative must have the same
nationality, language and customs as the prisoners of war whom he
represents. Thus, prisoners of war distributed in different
sections of a camp, according to their nationality, language or
customs, shall have for each section their own prisoners'
representative, in accordance with the foregoing paragraphs.
Article 80
Prisoners' representatives shall further the physical,
spiritual and intellectual well-being of prisoners of war.
In particular, where the prisoners decide to organize amongst
themselves a system of mutual assistance, this organization will
be within the province of the prisoners' representative, in
addition to the special duties entrusted to him by other
provisions of the present Convention.
Prisoners' representatives shall not be held responsible,
simply by reason of their duties, for any offences committed by
prisoners of war.
Article 81
Prisoners' representatives shall not be required to perform
any other work, if the accomplishment of their duties is thereby
made more difficult.
Prisoners' representatives may appoint from amongst the
prisoners such assistants as they may require. All material
facilities shall be granted them, particularly a certain freedom
of movement necessary for the accomplishment of their duties
(inspection of labour detachments, receipt of supplies, etc.).
Prisoners' representatives shall be permitted to visit
premises where prisoners of war are detained, and every prisoner
of war shall have the right to consult freely his prisoners'
representative.
All facilities shall likewise be accorded to the prisoners'
representatives for communication by post and telegraph with the
detaining authorities, the Protecting Powers, the International
Committee of the Red Cross and their delegates, the Mixed Medical
Commissions and the bodies which give assistance to prisoners of
war. Prisoners' representatives of labour detachments shall enjoy
the same facilities for communication with the prisoners'
representatives of the principal camp. Such communications shall
not be restricted, nor considered as forming a part of the quota
mentioned in Article 71.
Prisoners' representatives who are transferred shall be
allowed a reasonable time to acquaint their successors with
current affairs.
In case of dismissal, the reasons therefor shall be
communicated to the Protecting Power.
Chapter III. PENAL AND DISCIPLINARY SANCTIONS
I. General Provisions
Article 82
A prisoner of war shall be subject to the laws, regulations
and orders in force in the armed forces of the Detaining Power;
the Detaining Power shall be justified in taking judicial or
disciplinary measures in respect of any offence committed by a
prisoner of war against such laws, regulations or orders. However,
no proceedings or punishments contrary to the provisions of this
Chapter shall be allowed.
If any law, regulation or order of the Detaining Power shall
declare acts committed by a prisoner of war to be punishable,
whereas the same acts would not be punishable if committed by a
member of the forces of the Detaining Power, such acts shall
entail disciplinary punishments only.
Article 83
In deciding whether proceedings in respect of an offence
alleged to have been committed by a prisoner of war shall be
judicial or disciplinary, the Detaining Power shall ensure that
the competent authorities exercise the greatest leniency and
adopt, wherever possible, disciplinary rather than judicial
measures.
Article 84
A prisoner of war shall be tried only by a military court,
unless the existing laws of the Detaining Power expressly permit
the civil courts to try a member of the armed forces of the
Detaining Power in respect of the particular offence alleged to
have been committed by the prisoner of war.
In no circumstances whatever shall a prisoner of war be tried
by a court of any kind which does not offer the essential
guarantees of independence and impartiality as generally
recognized, and, in particular, the procedure of which does not
afford the accused the rights and means of defence provided for in
Article 105.
Article 85
Prisoners of war prosecuted under the laws of the Detaining
Power for acts committed prior to capture shall retain, even if
convicted, the benefits of the present Convention.
Article 86
No prisoner of war may be punished more than once for the same
act or on the same charge.
Article 87
Prisoners of war may not be sentenced by the military
authorities and courts of the Detaining Power to any penalties
except those provided for in respect of members of the armed
forces of the said Power who have committed the same acts.
When fixing the penalty, the courts or authorities of the
Detaining Power shall take into consideration, to the widest
extent possible, the fact that the accused, not being a national
of the Detaining Power, is not bound to it by any duty of
allegiance, and that he is in its power as the result of
circumstances independent of his own will. The said courts or
authorities shall be at liberty to reduce the penalty provided for
the violation of which the prisoner of war is accused, and shall
therefore not be bound to apply the minimum penalty prescribed.
Collective punishment for individual acts, corporal
punishment, imprisonment in premises without daylight and, in
general, any form of torture or cruelty, are forbidden.
No prisoner of war may be deprived of his rank by the
Detaining Power, or prevented from wearing his badges.
Article 88
Officers, non-commissioned officers and men who are prisoners
of war undergoing a disciplinary or judicial punishment, shall not
be subjected to more severe treatment than that applied in respect
of the same punishment to members of the armed forces of the
Detaining Power of equivalent rank.
A woman prisoner of war shall not be awarded or sentenced to a
punishment more severe, or treated whilst undergoing punishment
more severely, than a woman member of the armed forces of the
Detaining Power dealt with for a similar offence.
In no case may a woman prisoner of war be awarded or sentenced
to a punishment more severe, or treated whilst undergoing
punishment more severely, than a male member of the armed forces
of the Detaining Power dealt with for a similar offence.
Prisoners of war who have served disciplinary or judicial
sentences may not be treated differently from other prisoners of
war.
II. Disciplinary Sanctions
Article 89
The disciplinary punishments applicable to prisoners of war
are the following:
1. A fine which shall not exceed 50 per cent of the advances
of pay and working pay which the prisoner of war would otherwise
receive under the provisions of Articles 60 and 62 during a period
of not more than thirty days.
2. Discontinuance of privileges granted over and above the
treatment provided for by the present Convention.
3. Fatigue duties not exceeding two hours daily.
4. Confinement.
The punishment referred to under (3) shall not be applied to
officers.
In no case shall disciplinary punishments be inhuman, brutal
or dangerous to the health of prisoners of war.
Article 90
The duration of any single punishment shall in no case exceed
thirty days. Any period of confinement awaiting the hearing of a
disciplinary offence or the award of disciplinary punishment shall
be deducted from an award pronounced against a prisoner of war.
The maximum of thirty days provided above may not be exceeded,
even if the prisoner of war is answerable for several acts at the
same time when he is awarded punishment, whether such acts are
related or not.
The period between the pronouncing of an award of disciplinary
punishment and its execution shall not exceed one month.
When a prisoner of war is awarded a further disciplinary
punishment, a period of at least three days shall elapse between
the execution of any two of the punishments, if the duration of
one of these is ten days or more.
Article 91
The escape of a prisoner of war shall be deemed to have
succeeded when:
1. he has joined the armed forces of the Power on which he
depends, or those of an allied Power;
2. he has left the territory under the control of the
Detaining Power, or of an ally of the said Power;
3. he has joined a ship flying the flag of the Power on which
he depends, or of an allied Power, in the territorial waters of
the Detaining Power, the said ship not being under the control of
the last named Power.
Prisoners of war who have made good their escape in the sense
of this Article and who are recaptured, shall not be liable to any
punishment in respect of their previous escape.
Article 92
A prisoner of war who attempts to escape and is recaptured
before having made good his escape in the sense of Article 91
shall be liable only to a disciplinary punishment in respect of
this act, even if it is a repeated offence.
A prisoner of war who is recaptured shall be handed over
without delay to the competent military authority.
Article 88, fourth paragraph, notwithstanding, prisoners of
war punished as a result of an unsuccessful escape may be
subjected to special surveillance. Such surveillance must not
affect the state of their health, must be undergone in a prisoner
of war camp, and must not entail the suppression of any of the
safeguards granted them by the present Convention.
Article 93
Escape or attempt to escape, even if it is a repeated offence,
shall not be deemed an aggravating circumstance if the prisoner of
war is subjected to trial by judicial proceedings in respect of an
offence committed during his escape or attempt to escape.
In conformity with the principle stated in Article 83,
offences committed by prisoners of war with the sole intention of
facilitating their escape and which do not entail any violence
against life or limb, such as offences against public property,
theft without intention of self-enrichment, the drawing up or use
of false papers, or the wearing of civilian clothing, shall
occasion disciplinary punishment only.
Prisoners of war who aid or abet an escape or an attempt to
escape shall be liable on this count to disciplinary punishment
only.
Article 94
If an escaped prisoner of war is recaptured, the Power on
which he depends shall be notified thereof in the manner defined
in Article 122, provided notification of his escape has been made.
Article 95
A prisoner of war accused of an offence against discipline
shall not be kept in confinement pending the hearing unless a
member of the armed forces of the Detaining Power would be so kept
if he were accused of a similar offence, or if it is essential in
the interests of camp order and discipline.
Any period spent by a prisoner of war in confinement awaiting
the disposal of an offence against discipline shall be reduced to
an absolute minimum and shall not exceed fourteen days.
The provisions of Articles 97 and 98 of this Chapter shall
apply to prisoners of war who are in confinement awaiting the
disposal of offences against discipline.
Article 96
Acts which constitute offences against discipline shall be
investigated immediately.
Without prejudice to the competence of courts and superior
military authorities, disciplinary punishment may be ordered only
by an officer having disciplinary powers in his capacity as camp
commander, or by a responsible officer who replaces him or to whom
he has delegated his disciplinary powers.
In no case may such powers be delegated to a prisoner of war
or be exercised by a prisoner of war.
Before any disciplinary award is pronounced, the accused shall
be given precise information regarding the offences of which he is
accused, and given an opportunity of explaining his conduct and of
defending himself. He shall be permitted, in particular, to call
witnesses and to have recourse, if necessary, to the services of a
qualified interpreter. The decision shall be announced to the
accused prisoner of war and to the prisoners' representative.
A record of disciplinary punishments shall be maintained by
the camp commander and shall be open to inspection by
representatives of the Protecting Power.
Article 97
Prisoners of war shall not in any case be transferred to
penitentiary establishments (prisons, penitentiaries, convict
prisons, etc.) to undergo disciplinary punishment therein.
All premises in which disciplinary punishments are undergone
shall conform to the sanitary requirements set forth in Article
25. A prisoner of war undergoing punishment shall be enabled to
keep himself in a state of cleanliness, in conformity with Article
29.
Officers and persons of equivalent status shall not be lodged
in the same quarters as non-commissioned officers or men.
Women prisoners of war undergoing disciplinary punishment
shall be confined in separate quarters from male prisoners of war
and shall be under the immediate supervision of women.
Article 98
A prisoner of war undergoing confinement as a disciplinary
punishment, shall continue to enjoy the benefits of the provisions
of this Convention except in so far as these are necessarily
rendered inapplicable by the mere fact that he is confined. In no
case may he be deprived of the benefits of the provisions of
Articles 78 and 126.
A prisoner of war awarded disciplinary punishment may not be
deprived of the prerogatives attached to his rank.
Prisoners of war awarded disciplinary punishment shall be
allowed to exercise and to stay in the open air at least two hours
daily.
They shall be allowed, on their request, to be present at the
daily medical inspections. They shall receive the attention which
their state of health requires and, if necessary, shall be removed
to the camp infirmary or to a hospital.
They shall have permission to read and write, likewise to send
and receive letters. Parcels and remittances of money, however,
may be withheld from them until the completion of the punishment;
they shall meanwhile be entrusted to the prisoners'
representative, who-will hand over to the infirmary the perishable
goods contained in such parcels.
III. Judicial Proceedings
Article 99
No prisoner of war may be tried or sentenced for an act which
is not forbidden by the law of the Detaining Power or by
international law, in force at the time the said act was
committed.
No moral or physical coercion may be exerted on a prisoner of
war in order to induce him to admit himself guilty of the act of
which he is accused.
No prisoner of war may be convicted without having had an
opportunity to present his defence and the assistance of a
qualified advocate or counsel.
Article 100
Prisoners of war and the Protecting Powers shall be informed
as soon as possible of the offences which are punishable by the
death sentence under the laws of the Detaining Power.
Other offences shall not thereafter be made punishable by the
death penalty without the concurrence of the Power on which the
prisoners of war depend.
The death sentence cannot be pronounced on a prisoner of war
unless the attention of the court has, in accordance with Article
87, second paragraph, been particularly called to the fact that
since the accused is not a national of the Detaining Power, he is
not bound to it by any duty of allegiance, and that he is in its
power as the result of circumstances independent of his own will.
Article 101
If the death penalty is pronounced on a prisoner of war, the
sentence shall not be executed before the expiration of a period
of at least six months from the date when the Protecting Power
receives, at an indicated address, the detailed communication
provided for in Article 107.
Article 102
A prisoner of war can be validly sentenced only if the
sentence has been pronounced by the same courts according to the
same procedure as in the case of members of the armed forces of
the Detaining Power, and if, furthermore, the provisions of the
present Chapter have been observed.
Article 103
Judicial investigations relating to a prisoner of war shall be
conducted as rapidly as circumstances permit and so that his trial
shall take place as soon as possible. A prisoner of war shall not
be confined while awaiting trial unless a member of the armed
forces of the Detaining Power would be so confined if he were
accused of a similar offence, or if it is essential to do so in
the interests of national security. In no circumstances shall this
confinement exceed three months.
Any period spent by a prisoner of war in confinement awaiting
trial shall be deducted from any sentence of imprisonment passed
upon him and taken into account in fixing any penalty.
The provisions of Articles 97 and 98 of this Chapter shall
apply to a prisoner of war whilst in confinement awaiting trial.
Article 104
In any case in which the Detaining Power has decided to
institute judicial proceedings against a prisoner of war, it shall
notify the Protecting Power as soon as possible and at least three
weeks before the opening of the trial. This period of three weeks
shall run as from the day on which such notification reaches the
Protecting Power at the address previously indicated by the latter
to the Detaining Power.
The said notification shall contain the following information:
1. Surname and first names of the prisoner of war, his rank,
his army, regimental, personal or serial number, his date of
birth, and his profession or trade, if any;
2. Place of internment or confinement;
3. Specification of the charge or charges on which the
prisoner of war is to be arraigned, giving the legal provisions
applicable;
4. Designation of the court which will try the case, likewise
the date and place fixed for the opening of the trial.
The same communication shall be made by the Detaining Power to
the prisoners' representative. If no evidence is submitted, at the
opening of a trial, that the notification referred to above was
received by the Protecting Power, by the prisoner of war and by
the prisoners' representative concerned, at least three weeks
before the opening of the trial, then the latter cannot take place
and must be adjourned.
Article 105
The prisoner of war shall be entitled to assistance by one of
his prisoner comrades, to defence by a qualified advocate or
counsel of his own choice, to the calling of witnesses and, if he
deems necessary, to the services of a competent interpreter. He
shall be advised of these rights by the Detaining Power in due
time before the trial.
Failing a choice by the prisoner of war, the Protecting Power
shall find him an advocate or counsel, and shall have at least one
week at its disposal for the purpose. The Detaining Power shall
deliver to the said Power, on request, a list of persons qualified
to present the defence. Failing a choice of an advocate or counsel
by the prisoner of war or the Protecting Power, the Detaining
Power shall appoint a competent advocate or counsel to conduct the
defence.
The advocate or counsel conducting the defence on behalf of
the prisoner of war shall have at his disposal a period of two
weeks at least before the opening of the trial, as well as the
necessary facilities to prepare the defence of the accused. He
may, in particular, freely visit the accused and interview him in
private. He may also confer with any witnesses for the defence,
including prisoners of war. He shall have the benefit of these
facilities until the term of appeal or petition has expired.
Particulars of the charge or charges on which the prisoner of
war is to be arraigned, as well as the documents which are
generally communicated to the accused by virtue of the laws in
force in the armed forces of the Detaining Power, shall be
communicated to the accused prisoner of war in a language which he
understands, and in good time before the opening of the trial. The
same communication in the same circumstances shall be made to the
advocate or counsel conducting the defence on behalf of the
prisoner of war.
The representatives of the Protecting Power shall be entitled
to attend the trial of the case, unless, exceptionally, this is
held in camera in the interest of State security. In such a case
the Detaining Power shall advise the Protecting Power accordingly.
Article 106
Every prisoner of war shall have, in the same manner as the
members of the armed forces of the Detaining Power, the right of
appeal or petition from any sentence pronounced upon him, with a
view to the quashing or revising of the sentence or the reopening
of the trial. He shall be fully informed of his right to appeal or
petition and of the time limit within which he may do so.
Article 107
Any judgment and sentence pronounced upon a prisoner of war
shall be immediately reported to the Protecting Power in the form
of a summary communication, which shall also indicate whether he
has the right of appeal with a view to the quashing of the
sentence or the reopening of the trial. This communication shall
likewise be sent to the prisoners' representative concerned. It
shall also be sent to the accused prisoner of war in a language he
understands, if the sentence was not pronounced in his presence.
The Detaining Power shall also immediately communicate to the
Protecting Power the decision of the prisoner of war to use or to
waive his right of appeal.
Furthermore, if a prisoner of war is finally convicted or if a
sentence pronounced on a prisoner of war in the first instance is
a death sentence, the Detaining Power shall as soon as possible
address to the Protecting Power a detailed communication
containing:
1. the precise wording of the finding and sentence;
2. a summarized report of any preliminary investigation and of
the trial, emphasizing in particular the elements of the
prosecution and the defence;
3. notification, where applicable, of the establishment where
the sentence will be served.
The communications provided for in the foregoing
subparagraphs shall be sent to the Protecting Power at the address
previously made known to the Detaining Power.
Article 108
Sentences pronounced on prisoners of war after a conviction
has become duly enforceable, shall be served in the same
establishments and under the same conditions as in the case of
members of the armed forces of the Detaining Power. These
conditions shall in all cases conform to the requirements of
health and humanity.
A woman prisoner of war on whom such a sentence has been
pronounced shall be confined in separate quarters and shall be
under the supervision of women.
In any case, prisoners of war sentenced to a penalty depriving
them of their liberty shall retain the benefit of the provisions
of Articles 78 and 126 of the present Convention. Furthermore,
they shall be entitled to receive and despatch correspondence, to
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