0031-0330 irl.qxd
132
2.3.2009
14:20
Page 132
THIRD GENEVA CONVENTION OF 1949
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:
1) the precise wording of the finding and sentence;
2) a summarized report of any preliminary investigation and of
the trial, emphasizing in particular the elements of the
prosecution and the defence;
3) notification, where applicable, of the establishment where the
sentence will be served.
The communications provided for in the foregoing subparagraphs shall be sent to the Protecting Power at the address
previously made known to the Detaining Power.
Execution
of penalties.
Penal
regulations
ART. 108. — Sentence 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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