Geneva Convention relative to the Treatment of Pri...
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sentence
[
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ARTICLE-3
[
go to this ARTICLE
]
... (d) The passing of
sentences
and the carrying out of
executions
without previous
judgment
pronounced by a regularly constituted
court
affording all the
judicial
guarantees
which are recognized as indispensable by
civilized
peoples. ...
ARTICLE-87
[
go to this ARTICLE
]
...
Prisoners of war
may not be
sentenced
by the
military authorities
and
courts
of the
Detaining Power
to any
penalties
except those provided for in
respect
of
members
of the
armed forces
of the said
Power
who have committed the same
acts
. ...
ARTICLE-88
: II. Disciplinary sanctions [
go to this ARTICLE
]
... A
woman
prisoner of war
shall not be awarded or
sentenced
to a
punishment
more severe, or treated whilst undergoing
punishment
more severely, than a
woman
member
of the
armed forces
of the
Detaining Power
dealt with for a similar
offence
. ...
... In no
case
may a
woman
prisoner of war
be awarded or
sentenced
to a
punishment
more severe, or treated whilst undergoing
punishment
more severely, than a
male
member
of the
armed forces
of the
Detaining Power
dealt with for a similar
offence
. ...
...
Prisoners of war
who have served
disciplinary
or
judicial sentences
may not be treated differently from other
prisoners of war
. ...
ARTICLE-99
[
go to this ARTICLE
]
... No
prisoner of war
may be tried or
sentenced
for an
act
which is not
forbidden
by the
law
of the
Detaining Power
or by
international law
, in
force
at the
time
the said
act
was committed. ...
ARTICLE-100
[
go to this ARTICLE
]
...
Prisoners of war
and the
Protecting
Powers
shall be informed as soon as possible of the
offences
which are
punishable
by the
death sentence
under the
laws
of the
Detaining Power
. ...
... The
death sentence
cannot be pronounced on a
prisoner of war
unless the
attention
of the
court
has, in
accordance
with Article
87
, second paragraph, been particularly called to the
fact
that since the
accused
is not a
national
of the
Detaining Power
, he is not bound to it by any
duty of allegiance
, and that he is in its
power
as the result of
circumstances
independent
of his own will. ...
ARTICLE-101
[
go to this ARTICLE
]
... If the
death penalty
is pronounced on a
prisoner of war
, the
sentence
shall not be
executed
before the
expiration
of a
period
of at least six
months
from the
date
when the
Protecting Power
receives, at an indicated
address
, the detailed
communication
provided for in Article
107
. ...
ARTICLE-102
[
go to this ARTICLE
]
... A
prisoner of war
can be validly
sentenced
only if the
sentence
has been pronounced by the same
courts
according to the same
procedure
as in the
case
of
members
of the
armed forces
of the
Detaining Power
, and if, furthermore, the
provisions
of the present
Chapter
have been observed. ...
... A
prisoner of war
can be validly
sentenced
only if the
sentence
has been pronounced by the same
courts
according to the same
procedure
as in the
case
of
members
of the
armed forces
of the
Detaining Power
, and if, furthermore, the
provisions
of the present
Chapter
have been observed. ...
ARTICLE-103
[
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]
... Any
period
spent by a
prisoner of war
in
confinement
awaiting
trial
shall be deducted from any
sentence
of
imprisonment
passed upon him and taken into
account
in fixing any
penalty
. ...
ARTICLE-106
[
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]
... 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. ...
... 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. ...
ARTICLE-107
[
go to this ARTICLE
]
... 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
. ...
... 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
. ...
... 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: ...
... 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
; ...
... 3.
Notification
, where applicable, of the
establishment
where the
sentence
will be served. ...
ARTICLE-108
[
go to this ARTICLE
]
...
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. ...
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