Geneva Convention relative to the Treatment of Pri...
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trial
[
Global Index
]
ARTICLE-93
[
go to this ARTICLE
]
...
Escape
or
attempt
to
escape
, even if it is a
repeated offence
, shall not be deemed an aggravating
circumstance
if the
prisoner of war
is subjected to
trial
by
judicial proceedings
in
respect
of an
offence
committed during his
escape
or
attempt
to
escape
. ...
ARTICLE-103
[
go to this ARTICLE
]
...
Judicial
investigations
relating to a
prisoner of war
shall be
conducted
as rapidly as
circumstances
permit
and so that his
trial
shall take
place
as soon as possible. A
prisoner of war
shall not be confined while awaiting
trial
unless a
member
of the
armed forces
of the
Detaining Power
would be so confined if he were
accused
of a similar
offence
, or if it is essential to do so in the
interests
of
national security
. In no
circumstances
shall this
confinement
exceed three
months
. ...
...
Judicial
investigations
relating to a
prisoner of war
shall be
conducted
as rapidly as
circumstances
permit
and so that his
trial
shall take
place
as soon as possible. A
prisoner of war
shall not be confined while awaiting
trial
unless a
member
of the
armed forces
of the
Detaining Power
would be so confined if he were
accused
of a similar
offence
, or if it is essential to do so in the
interests
of
national security
. In no
circumstances
shall this
confinement
exceed three
months
. ...
... 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
. ...
... The
provisions
of Articles
97
and
98
of this
Chapter
shall apply to a
prisoner of war
whilst in
confinement
awaiting
trial
. ...
ARTICLE-104
[
go to this ARTICLE
]
... In any
case
in which the
Detaining Power
has
decided
to institute
judicial proceedings
against a
prisoner of war
, it shall notify the
Protecting Power
as soon as possible and at least three
weeks
before the
opening
of the
trial
. This
period
of three
weeks
shall run as from the
day
on which such
notification
reaches the
Protecting Power
at the
address
previously indicated by the latter to the
Detaining Power
. ...
... 4 . Designation of the
court
which will try the
case
, likewise the
date
and
place
fixed for the
opening
of the
trial
. ...
... If no
evidence
is submitted, at the
opening
of a
trial
, that the
notification
referred to above was
received
by the
Protecting Power
, by the
prisoner of war
and by the
prisoners
'
representative
concerned, at least three
weeks
before the
opening
of the
trial
, then the latter cannot take
place
and must be adjourned. ...
... If no
evidence
is submitted, at the
opening
of a
trial
, that the
notification
referred to above was
received
by the
Protecting Power
, by the
prisoner of war
and by the
prisoners
'
representative
concerned, at least three
weeks
before the
opening
of the
trial
, then the latter cannot take
place
and must be adjourned. ...
ARTICLE-105
[
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]
... 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
. ...
... 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
. ...
... The
representatives
of the
Protecting Power
shall be entitled to attend the
trial
of the
case
, unless, exceptionally, this is held in
camera
in the
interest
of
State
security
. In such a
case
the
Detaining Power
shall advise the
Protecting Power
accordingly. ...
ARTICLE-106
[
go to this ARTICLE
]
... 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
. ...
... 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
]
... Each
High Contracting Party
shall be under the
obligation
to
search
for
persons
alleged to have committed, or to have ordered to be committed, such
grave
breaches
, and shall bring such
persons
, regardless of their
nationality
, before its own
courts
. It may also, if it prefers, and in
accordance
with the
provisions
of its own
legislation
, hand such
persons
over for
trial
to another
High Contracting Party
concerned, provided such
High Contracting Party
has made out a prima facie
case
. ...
... 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
. ...
ARTICLE-130
[
go to this ARTICLE
]
...
Grave
breaches
to which the preceding Article relates shall be those involving any of the following
acts
, if committed against
persons
or
property
protected
by the
Convention
:
wilful killing
,
torture
or
inhuman treatment
,
including
biological experiments
, wilfully causing
great
suffering
or
serious injury
to
body
or
health
, compelling a
prisoner of war
to serve in the
forces
of the
hostile
Power
, or wilfully depriving a
prisoner of war
of the
rights
of
fair
and
regular trial
prescribed in this
Convention
. ...
A
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C
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D
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E
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F
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G
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H
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I
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J
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K
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M
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P
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