Section 51p. 51

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

(a) correspondence, lists and reports exchanged between

the Central Information Agency referred to in Article 140

and the National Bureaux referred to in Article 136;

(b) correspondence and reports relating to internees

which

the

Protecting

Powers,

the

International

Committee of the Red Cross or any other organization

assisting the internees 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.

The costs occasioned by the use of such means of

transport shall be borne, in proportion to the importance

of the shipments, by the Parties to the conflict whose

nationals are benefited thereby.

Art. 112. The censoring of correspondence addressed to

internees or despatched by them shall be done as quickly

as possible.

The examination of consignments intended for internees

shall not be carried out under conditions that will expose

the goods contained in them to deterioration. It shall be

done

in

the

presence

of

the

addressee,

or

of

a

fellow-internee duly delegated by him. The delivery to

internees of individual or collective consignments shall

not

be

delayed

under

the

pretext of difficulties of

censorship.

Any prohibition of correspondence ordered by the Parties

to the conflict either for military or political reasons, shall

be only temporary and its duration shall be as short as

possible.

Art. 113. The Detaining Powers shall provide all reasonable

execution facilities for the transmission, through the

Protecting Power or the Central Agency provided for in

Article 140, or as otherwise required, of wills, powers of

attorney, letters of authority, or any other documents

intended for internees or despatched by them.

In all cases the Detaining Powers shall facilitate the

execution and authentication in due legal form of such

documents

on

behalf

of

internees,

in

particular by

allowing them to consult a lawyer.

Art. 114. The Detaining Power shall afford internees all

facilities

to

enable

them

to manage their property,

provided this is not incompatible with the conditions of

internment and the law which is applicable. For this

purpose, the said Power may give them permission to

leave the place of internment in urgent cases and if

circumstances allow.

Art. 115. In all cases where an internee is a party to

proceedings in any court, the Detaining Power shall, if he

so requests, cause the court to be informed of his

detention and shall, within legal limits, ensure that all

necessary steps are taken to prevent him from being in

any way prejudiced, by reason of his internment, as

regards the preparation and conduct of his case or as

regards the execution of any judgment of the court.

Art.116. Every internee shall be allowed to receive visitors,

especially

near

relatives,

at regular intervals and as

frequently as possible.

As far as is possible, internees shall be permitted to visit

their homes in urgent cases, particularly in cases of death

or serious illness of relatives.

Chapter IX. Penal and Disciplinary Sanctions

Art. 117. Subject to the provisions of the present Chapter,

the laws in force in the territory in which they are

detained will continue to apply to internees who commit

offences during internment.

If

general

laws,

regulations

or

orders

declare

acts

committed by internees to be punishable, whereas the

same

acts

are

not punishable when committed by

persons who are not internees, such acts shall entail

disciplinary punishments only.

No internee may be punished more than once for the

same act, or on the same count.

Art. 118. The courts or authorities shall in passing sentence

take as far as possible into account the fact that the

defendant is not a national of the Detaining Power. They

shall be free to reduce the penalty prescribed for the

offence with which the internee is charged and shall not

be obliged, to this end, to apply the minimum sentence

prescribed.

Imprisonment

in

premises

without daylight, and, in

general,

all

forms

of

cruelty

without

exception

are

forbidden.

Internees

who

have

served

disciplinary

or

judicial

sentences shall not be treated differently from other

internees.

The duration of preventive detention undergone by an

internee shall be deducted from any disciplinary or

judicial penalty involving confinement to which he may

be sentenced.

Internee Committees shall be informed of all judicial

proceedings

instituted

against internees whom they

represent, and of their result.

Art.

119.

The

disciplinary

punishments

applicable

to

internees shall be the following:

(1) a fine which shall not exceed 50 per cent of the wages

which the internee would otherwise receive under the

provisions of Article 95 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, in

connection

with

the

maintenance

of

the

place

of

internment.

(4) confinement.

In no case shall disciplinary penalties be inhuman, brutal

or dangerous for the health of internees. Account shall be

taken of the internee's age, sex and state of health.

The duration of any single punishment shall in no case

exceed a maximum of thirty consecutive days, even if the

internee is answerable for several breaches of discipline

when his case is dealt with, whether such breaches are

connected or not.

Art.

120.

Internees

who are recaptured after having

escaped or when attempting to escape, shall be liable

only to disciplinary punishment in respect of this act,

even if it is a repeated offence.

Article

118,

paragraph

3,

notwithstanding,

internees

punished as a result of escape or attempt to escape, may

be subjected to special surveillance, on condition that

such surveillance does not affect the state of their health,

that it is exercised in a place of internment and that it

does not entail the abolition of any of the safeguards

granted by the present Convention.

Internees who aid and abet an escape or attempt to

escape,

shall be liable on this count to disciplinary

punishment only.

Art. 121. Escape, or attempt to escape, even if it is a

repeated offence, shall not be deemed an aggravating

circumstance in cases where an internee is prosecuted

for offences committed during his escape.

The

Parties

to

the

conflict

shall

ensure

that

the

competent

authorities

exercise

leniency

in

deciding

whether punishment inflicted for an offence shall be of a

disciplinary or judicial nature, especially in respect of acts

committed

in

connection

with

an

escape,

whether

successful or not.

Art. 122. Acts which constitute offences against discipline

shall be investigated immediately. This rule shall be

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