Geneva Convention relative to the Treatment of Pri...
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defence
[
Global Index
]
ARTICLE-84
[
go to this ARTICLE
]
... In no
circumstances
whatever shall a
prisoner of war
be tried by a
court
of any kind which does not
offer
the essential
guarantees
of
independence
and
impartiality
as generally recognized, and, in particular, the
procedure
of which does not afford the
accused
the
rights
and means of
defence
provided for in Article
105
. ...
ARTICLE-99
[
go to this ARTICLE
]
... No
prisoner of war
may be
convicted
without having had an
opportunity
to present his
defence
and the
assistance
of a qualified
advocate
or
counsel
. ...
ARTICLE-105
[
go to this ARTICLE
]
... 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
. ...
... 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. ...
... 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. ...
... 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
. ...
ARTICLE-107
[
go to this ARTICLE
]
... 2. A summarized
report
of any
preliminary
investigation
and of the
trial
, emphasizing in particular the elements of the
prosecution
and the
defence
; ...
ARTICLE-129
[
go to this ARTICLE
]
... In all
circumstances
, the
accused
persons
shall
benefit
by
safeguards
of proper
trial
and
defence
, which shall not be less
favourable
than those provided by Article
105
and those following of the present
Convention
. ...
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D
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M
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O
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P
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T
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