0031-0330 irl.qxd
2.3.2009
14:20
Page 211
PROTECTION OF CIVILIAN PERSONS
211
Article 118, paragraph 3, notwithstanding, internees punished as
a result of escape or attempt to escape, may be subjected to special
surveillance, on condition that such surveillance does not affect the
state of their health, that it is exercised in a place of internment and
that it does not entail the abolition of any of the safeguards granted
by the present Convention.
Internees who aid and abet an escape, or attempt to escape, shall
be liable on this count to disciplinary punishment only.
ART. 121. — Escape, or attempt to escape, even if it is a repeated
offence, shall not be deemed an aggravating circumstance in cases
where an internee is prosecuted for offences committed during his
escape.
The Parties to the conflict shall ensure that the competent
authorities exercise leniency in deciding whether punishment
inflicted for an offence shall be of a disciplinary or judicial nature,
especially in respect of acts committed in connection with an
escape, whether successful or not.
Connected
offences
ART. 122. — Acts which constitute offences against discipline
shall be investigated immediately. This rule shall be applied, in
particular, in cases of escape or attempt to escape. Recaptured
internees shall be handed over to the competent authorities as soon
as possible.
In case of offences against discipline, confinement awaiting trial
shall be reduced to an absolute minimum for all internees, and shall
not exceed fourteen days. Its duration shall in any case be deducted
from any sentence of confinement.
The provisions of Articles 124 and 125 shall apply to internees who
are in confinement awaiting trial for offences against discipline.
Investigations.
Confinement
awaiting
hearing
ART. 123. — Without prejudice to the competence of courts and
higher authorities, disciplinary punishment may be ordered only by
the commandant of the place of internment, or by a responsible
officer or official who replaces him, or to whom he has delegated his
disciplinary powers.
Before any disciplinary punishment is awarded, the accused
internee shall be given precise information regarding the offences of
which he is accused, and given an opportunity of explaining his
conduct and of defending himself. He shall be permitted, in
particular, to call witnesses and to have recourse, if necessary, to the
services of a qualified interpreter. The decision shall be announced
in the presence of the accused and of a member of the Internee
Committee.
Competent
authorities.
Procedure