0031-0330 irl.qxd
2.3.2009
14:19
Page 131
131
PRISONERS OF WAR
be advised of these rights by the Detaining Power in due time before
the trial.
Failing a choice by the prisoner of war, the Protecting Power shall
find him an advocate or counsel, and shall have at least one week at
its disposal for the purpose. The Detaining Power shall deliver to the
said Power, on request, a list of persons qualified to present the
defence. Failing a choice of an advocate or counsel by the prisoner
of war or the Protecting Power, the Detaining Power shall appoint a
competent advocate or counsel to conduct the defence.
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.
ART. 106. — 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.
V.
Appeals
ART. 107. — 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
VI.
Notification
of findings
and sentence
Sélectionner le paragraphe cible3
Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières