Section 46p. 46

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

that the provisions of this Article are fully complied with,

the trial shall not proceed. The notification shall include

the following particulars:

(a) description of the accused;

(b) place of residence or detention;

(c) specification of the charge or charges (with mention of

the penal provisions under which it is brought);

(d) designation of the court which will hear the case;

(e) place and date of the first hearing.

Art. 72. Accused persons shall have the right to present

evidence

necessary

to

their

defence

and

may,

in

particular, call witnesses. They shall have the right to be

assisted by a qualified advocate or counsel of their own

choice, who shall be able to visit them freely and shall

enjoy the necessary facilities for preparing the defence.

Failing a choice by the accused, the Protecting Power

may provide him with an advocate or counsel. When an

accused person has to meet a serious charge and the

Protecting

Power

is not functioning, the Occupying

Power, subject to the consent of the accused, shall

provide an advocate or counsel.

Accused persons shall, unless they freely waive such

assistance,

be

aided

by

an interpreter, both during

preliminary investigation and during the hearing in court.

They shall have the right at any time to object to the

interpreter and to ask for his replacement.

Art.73. A convicted person shall have the right of appeal

provided for by the laws applied by the court. He shall be

fully informed of his right to appeal or petition and of the

time limit within which he may do so.

The penal procedure provided in the present Section shall

apply, as far as it is applicable, to appeals. Where the laws

applied by the Court make no provision for appeals, the

convicted person shall have the right to petition against

the finding and sentence to the competent authority of

the Occupying Power.

Art. 74. Representatives of the Protecting Power shall

have the right to attend the trial of any protected person,

unless the hearing has, as an exceptional measure, to be

held in camera in the interests of the security of the

Occupying Power, which shall then notify the Protecting

Power. A notification in respect of the date and place of

trial shall be sent to the Protecting Power.

Any

judgement

involving

a

sentence

of

death,

or

imprisonment

for

two

years

or

more,

shall

be

communicated, with the relevant grounds, as rapidly as

possible to the Protecting Power. The notification shall

contain a reference to the notification made under Article

71 and, in the case of sentences of imprisonment, the

name of the place where the sentence is to be served. A

record of judgements other than those referred to above

shall be kept by the court and shall be open to inspection

by representatives of the Protecting Power. Any period

allowed for appeal in the case of sentences involving the

death penalty, or imprisonment of two years or more,

shall not run until notification of judgement has been

received by the Protecting Power.

Art. 75. In no case shall persons condemned to death be

deprived of the right of petition for pardon or reprieve.

No

death

sentence shall be carried out before the

expiration of a period of a least six months from the date

of receipt by the Protecting Power of the notification of

the final judgment confirming such death sentence, or of

an order denying pardon or reprieve.

The

six

months

period

of suspension of the death

sentence herein prescribed may be reduced in individual

cases in circumstances of grave emergency involving an

organized threat to the security of the Occupying Power

or its forces, provided always that the Protecting Power is

notified of such reduction and is given reasonable time

and

opportunity

to

make

representations

to

the

competent

occupying authorities in respect of such

death sentences.

Art. 76. Protected persons accused of offences shall be

detained in the occupied country, and if convicted they

shall serve their sentences therein. They shall, if possible,

be

separated

from

other detainees and shall enjoy

conditions of food and hygiene which will be sufficient to

keep them in good health, and which will be at least

equal to those obtaining in prisons in the occupied

country.

They shall receive the medical attention required by their

state of health.

They shall also have the right to receive any spiritual

assistance which they may require.

Women shall be confined in separate quarters and shall

be under the direct supervision of women.

Proper regard shall be paid to the special treatment due

to minors.

Protected persons who are detained shall have the right

to be visited by delegates of the Protecting Power and of

the

International

Committee

of

the

Red

Cross,

in

accordance with the provisions of Article 143.

Such persons shall have the right to receive at least one

relief parcel monthly.

Art. 77. Protected persons who have been accused of

offences or convicted by the courts in occupied territory,

shall be handed over at the close of occupation, with the

relevant

records,

to

the

authorities

of the liberated

territory.

Art. 78. If the Occupying Power considers it necessary, for

imperative reasons of security, to take safety measures

concerning

protected

persons,

it may, at the most,

subject them to assigned residence or to internment.

Decisions

regarding

such

assigned

residence

or

internment

shall

be

made

according

to

a

regular

procedure to be prescribed by the Occupying Power in

accordance

with

the

provisions

of

the

present

Convention. This procedure shall include the right of

appeal

for

the

parties

concerned.

Appeals

shall

be

decided with the least possible delay. In the event of the

decision being upheld, it shall be subject to periodical

review, if possible every six months, by a competent body

set up by the said Power.

Protected persons made subject to assigned residence

and thus required to leave their homes shall enjoy the full

benefit of Article 39 of the present Convention.

Section IV. Regulations for the treatment of internees

Chapter I. General provisions

Art.

79.

The Parties to the conflict shall not intern

protected

persons,

except

in

accordance

with

the

provisions of Articles 41, 42, 43, 68 and 78.

Art. 80. Internees shall retain their full civil capacity and

shall exercise such attendant rights as may be compatible

with their status.

Art. 81. Parties to the conflict who intern protected

persons shall be bound to provide free of charge for their

maintenance,

and

to

grant

them

also

the

medical

attention required by their state of health.

No deduction from the allowances, salaries or credits due

to the internees shall be made for the repayment of these

costs.

The Detaining Power shall provide for the support of

those dependent on the internees, if such dependents

are without adequate means of support or are unable to

earn a living.

Art.82. The Detaining Power shall, as far as possible,

accommodate

the

internees

according

to

their

nationality, language and customs. Internees who are

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