Section 53p. 53

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

record

shall

be

transmitted

without

delay

to

the

Protecting

Power as well as to the Central Agency

referred to in Article 140.

Art.

130.

The detaining authorities shall ensure that

internees who die while interned are honourably buried, if

possible according to the rites of the religion to which

they

belonged

and that their graves are respected,

properly maintained, and marked in such a way that they

can always be recognized.

Deceased internees shall be buried in individual graves

unless unavoidable circumstances require the use of

collective

graves.

Bodies

may be cremated only for

imperative reasons of hygiene, on account of the religion

of the deceased or in accordance with his expressed wish

to this effect. In case of cremation, the fact shall be stated

and the reasons given in the death certificate of the

deceased. The ashes shall be retained for safe-keeping by

the detaining authorities and shall be transferred as soon

as possible to the next of kin on their request.

As soon as circumstances permit, and not later than the

close of hostilities, the Detaining Power shall forward lists

of graves of deceased internees to the Powers on whom

deceased internees depended, through the Information

Bureaux provided for in Article 136. Such lists shall include

all particulars necessary for the identification of the

deceased internees, as well as the exact location of their

graves.

Art. 131. Every death or serious injury of an internee,

caused or suspected to have been caused by a sentry,

another internee or any other person, as well as any death

the cause of which is unknown, shall be immediately

followed by an official enquiry by the Detaining Power.

A

communication

on

this

subject

shall

be

sent

immediately to the Protecting Power. The evidence of any

witnesses shall be taken, and a report including such

evidence shall be prepared and forwarded to the said

Protecting Power.

If the enquiry indicates the guilt of one or more persons,

the Detaining Power shall take all necessary steps to

ensure

the

prosecution

of

the

person

or

persons

responsible.

Chapter XII. Release, Repatriation and Accommodation in

Neutral Countries

Art. 132. Each interned person shall be released by the

Detaining

Power

as

soon

as

the

reasons

which

necessitated his internment no longer exist.

The Parties to the conflict shall, moreover, endeavour

during the course of hostilities, to conclude agreements

for the release, the repatriation, the return to places of

residence or the accommodation in a neutral country of

certain

classes

of

internees,

in

particular

children,

pregnant women and mothers with infants and young

children, wounded and sick, and internees who have

been detained for a long time.

Art. 133. Internment shall cease as soon as possible after

the close of hostilities.

Internees in the territory of a Party to the conflict against

whom penal proceedings are pending for offences not

exclusively

subject

to

disciplinary

penalties,

may be

detained until the close of such proceedings and, if

circumstances

require,

until

the

completion

of

the

penalty. The same shall apply to internees who have been

previously sentenced to a punishment depriving them of

liberty.

By agreement between the Detaining Power and the

Powers concerned, committees may be set up after the

close of hostilities, or of the occupation of territories, to

search for dispersed internees.

Art. 134. The High Contracting Parties shall endeavour,

upon the close of hostilities or occupation, to ensure the

return of all internees to their last place of residence, or to

facilitate their repatriation.

Art. 135. The Detaining Power shall bear the expense of

returning released internees to the places where they

were residing when interned, or, if it took them into

custody while they were in transit or on the high seas, the

cost of completing their journey or of their return to their

point of departure.

Where a Detaining Power refuses permission to reside in

its territory to a released internee who previously had his

permanent domicile therein, such Detaining Power shall

pay the cost of the said internee's repatriation. If, however,

the internee elects to return to his country on his own

responsibility or in obedience to the Government of the

Power to which he owes allegiance, the Detaining Power

need not pay the expenses of his journey beyond the

point of his departure from its territory. The Detaining

Power need not pay the cost of repatriation of an internee

who was interned at his own request.

If internees are transferred in accordance with Article 45,

the transferring and receiving Powers shall agree on the

portion of the above costs to be borne by each.

The

foregoing

shall

not

prejudice

such

special

agreements as may be concluded between Parties to the

conflict concerning the exchange and repatriation of

their nationals in enemy hands.

Section V. Information Bureaux and Central Agency

Art. 136. Upon the outbreak of a conflict and in all cases of

occupation, each of the Parties to the conflict shall

establish an official Information Bureau responsible for

receiving and transmitting information in respect of the

protected persons who are in its power.

Each of the Parties to the conflict shall, within the

shortest possible period, give its Bureau information of

any

measure

taken

by it concerning any protected

persons who are kept in custody for more than two

weeks, who are subjected to assigned residence or who

are interned. It shall, furthermore, require its various

departments concerned with such matters to provide the

aforesaid Bureau promptly with information concerning

all changes pertaining to these protected persons, as, for

example,

transfers,

releases,

repatriations,

escapes,

admittances to hospitals, births and deaths.

Art. 137. Each national Bureau shall immediately forward

information concerning protected persons by the most

rapid means to the Powers in whose territory they

resided,

through

the intermediary of the Protecting

Powers

and

likewise

through

the

Central

Agency

provided for in Article 140. The Bureaux shall also reply to

all enquiries which may be received regarding protected

persons.

Information

Bureaux

shall

transmit

information

concerning a protected person unless its transmission

might be detrimental to the person concerned or to his

or her relatives. Even in such a case, the information may

not be withheld from the Central Agency which, upon

being

notified

of

the

circumstances,

will

take

the

necessary precautions indicated in Article 140.

All communications in writing made by any Bureau shall

be authenticated by a signature or a seal.

Art. 138. The information received by the national Bureau

and transmitted by it shall be of such a character as to

make it possible to identify the protected person exactly

and to advise his next of kin quickly. The information in

respect of each person shall include at least his surname,

first names, place and date of birth, nationality last

residence and distinguishing characteristics, the first

name of the father and the maiden name of the mother,

the date, place and nature of the action taken with regard

to the individual, the address at which correspondence

© Compiled by RGL

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