0031-0330 irl.qxd
2.3.2009
14:20
Page 181
PROTECTION OF CIVILIAN PERSONS
181
SECTION II
ALIENS IN THE TERRITORY
OF A PARTY TO THE CONFLICT
ART. 35. — All protected persons who may desire to leave the
territory at the outset of, or during a conflict, shall be entitled to do
so, unless their departure is contrary to the national interests of the
State. The applications of such persons to leave shall be decided in
accordance with regularly established procedures and the decision
shall be taken as rapidly as possible. Those persons permitted to
leave may provide themselves with the necessary funds for their
journey and take with them a reasonable amount of their effects and
articles of personal use.
If any such person is refused permission to leave the territory, he
shall be entitled to have such refusal reconsidered as soon as
possible by an appropriate court or administrative board designated
by the Detaining Power for that purpose.
Upon request, representatives of the Protecting Power shall,
unless reasons of security prevent it, or the persons concerned
object, be furnished with the reasons for refusal of any request for
permission to leave the territory and be given, as expeditiously as
possible, the names of all persons who have been denied permission
to leave.
Right to leave
the territory
ART. 36. — Departures permitted under the foregoing Article
shall be carried out in satisfactory conditions as regards safety,
hygiene, sanitation and food. All costs in connection therewith,
from the point of exit in the territory of the Detaining Power, shall
be borne by the country of destination, or, in the case of
accommodation in a neutral country, by the Power whose nationals
are benefited. The practical details of such movements may, if
necessary, be settled by special agreements between the Powers
concerned.
The foregoing shall not prejudice such special agreements as may
be concluded between Parties to the conflict concerning the
exchange and repatriation of their nationals in enemy hands.
Method of
repatriation
ART. 37. — Protected persons who are confined pending
proceedings or serving a sentence involving loss of liberty, shall
during their confinement be humanely treated.
As soon as they are released, they may ask to leave the territory in
conformity with the foregoing Articles.
Persons in
confinement