0031-0330 irl.qxd
2.3.2009
14:20
Page 193
193
PROTECTION OF CIVILIAN PERSONS
has to meet a serious charge and the Protecting Power is not
functioning, the Occupying Power, subject to the consent of the
accused, shall provide an advocate or counsel.
Accused persons shall, unless they freely waive such assistance,
be aided by an interpreter, both during preliminary investigation
and during the hearing in court. They shall have the right at any
time to object to the interpreter and to ask for his replacement.
ART. 73. — A convicted person shall have the right of appeal
provided for by the laws applied by the court. He shall be fully
informed of his right to appeal or petition and of the time limit
within which he may do so.
The penal procedure provided in the present Section shall apply,
as far as it is applicable, to appeals. Where the laws applied by the
court make no provision for appeals, the convicted person shall
have the right to petition against the finding and sentence to the
competent authority of the Occupying Power.
III.
Right of
appeal
ART. 74. — Representatives of the Protecting Power shall have the
right to attend the trial of any protected person, unless the hearing
has, as an exceptional measure, to be held in camera in the interests
of the security of the Occupying Power, which shall then notify the
Protecting Power. A notification in respect of the date and place of
trial shall be sent to the Protecting Power.
Any judgment involving a sentence of death, or imprisonment for
two years or more, shall be communicated, with the relevant
grounds, as rapidly as possible to the Protecting Power. The
notification shall contain a reference to the notification made under
Article 71, and, in the case of sentences of imprisonment, the name
of the place where the sentence is to be served. A record of
judgments other than those referred to above shall be kept by the
court and shall be open to inspection by representatives of the
Protecting Power. Any period allowed for appeal in the case of
sentences involving the death penalty, or imprisonment of two years
or more, shall not run until notification of judgment has been
received by the Protecting Power.
IV.
Assistance
by the
Protecting
Power
ART. 75. — In no case shall persons condemned to death be
deprived of the right of petition for pardon or reprieve.
No death sentence shall be carried out before the expiration of a
period of at least six months from the date of receipt by the
Protecting Power of the notification of the final judgment
confirming such death sentence, or of an order denying pardon or
reprieve.
V.
Death
sentence