0031-0330 irl.qxd
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2.3.2009
14:19
Page 130
THIRD GENEVA CONVENTION OF 1949
II.
Confinement
awaiting trial
(Deduction
from
sentence,
treatment)
ART. 103. — 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.
III.
Notification
of
proceedings
ART. 104. — 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.
The said notification shall contain the following information:
1) surname and first names of the prisoner of war, his rank, his
army, regimental, personal or serial number, his date of birth,
and his profession or trade, if any;
2) place of internment or confinement;
3) specification of the charge or charges on which the prisoner
of war is to be arraigned, giving the legal provisions
applicable;
4) designation of the court which will try the case, likewise the
date and place fixed for the opening of the trial.
The same communication shall be made by the Detaining Power
to the prisoners’ representative.
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.
IV.
Rights and
means of
defence
ART. 105. — 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
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