Section 28p. 28

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

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.

Art 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

Art 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

Art 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.

Art

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.

Art 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

Art 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

© Compiled by RGL

28 of 163