Section 31p. 31

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

The provisions of Articles 97 and 98 of this Chapter shall

apply to a prisoner of war whilst in confinement awaiting

trial.

Art 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.

Art 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.

Art 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.

Art 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

sub-paragraphs shall be sent to the Protecting Power at

the address previously made known to the Detaining

Power.

Art 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 receive at least one

relief parcel monthly, to take regular exercise in the open

air, to have the medical care required by their state of

health, and the spiritual assistance they may desire.

Penalties to which they may be subjected shall be in

accordance

with

the

provisions

of

Article

87,

third

paragraph.

Part IV. Termination of Captivity

Section I. Direct Repatriation and Accommodation in

Neutral Countries

Art 109. Subject to the provisions of the third paragraph of

this Article, Parties to the conflict are bound to send back

to their own country, regardless of number or rank,

seriously wounded and seriously sick prisoners of war,

after having cared for them until they are fit to travel, in

accordance with the first paragraph of the following

Article.

Throughout the duration of hostilities, Parties to the

conflict shall endeavour, with the cooperation of the

neutral Powers concerned, to make arrangements for the

accommodation in neutral countries of the sick and

wounded prisoners of war referred to in the second

paragraph of the following Article. They may, in addition,

conclude

agreements

with

a

view

to

the

direct

© Compiled by RGL

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