Geneva Convention 1949 _PART III _Section 4 :Regulations for the Treatment of Internees_Ch 9 & 10
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- เผยแพร่เมื่อ 9 ก.พ. 2025
- CHAPTER IX - PENAL AND DISCIPLINARY SANCTIONS
Article 117 General provisions.Applicable legislation ................................ 209
Article 118 Penalties ..................................................................................... 210
Article 119 Disciplinary punishments.......................................................... 210
Article 120 Escapes ....................................................................................... 210
Article 121 Connected offences.................................................................... 211
Article 122 Investigations. Confinement awaiting hearing.......................... 211
Article 123 Competent authorities. Procedure............................................. 211
Article 124 Premises for disciplinary punishments ..................................... 212
Article 125 Essential safeguards ................................................................... 212
Article 126 Provisions applicable to judicial proceedings ........................... 212
CHAPTER X - TRANSFERS OF INTERNEES
Article 127 Conditions.................................................................................. 213
Article 128 Method....................................................................................... 213
ART. 117. - Subject to the provisions of the present Chapter, the laws in force in the territory in which they are detained will continue to apply to internees who commit offences during internment.
If general laws, regulations or orders declare acts committed by internees to be punishable, whereas the same acts are not punishable when committed by persons who are not internees,such acts shall entail disciplinary punishments only.
No internee may be punished more than once for the same act,or on the same count.
ART. 118. - The courts or authorities shall in passing sentence take as far as possible into account the fact that the defendant is not a national of the Detaining Power. They shall be free to reduce the penalty prescribed for the offence with which the internee is charged and shall not be obliged, to this end, to apply the minimum sentence prescribed.
Imprisonment in premises without daylight, and, in general, all forms of cruelty without exception are forbidden.
Internees who have served disciplinary or judicial sentences shall not be treated differently from other internees.
The duration of preventive detention undergone by an internee shall be deducted from any disciplinary or judicial penalty involving confinement to which he may be sentenced.
Internee Committees shall be informed of all judicial proceedings instituted against internees whom they represent, and of their result.
ART. 119. - The disciplinary punishments applicable to internees shall be the following:
1) A fine which shall not exceed 50 per cent of the wages which the internee would otherwise receive under the provisions of Article 95 during a period of not more than thirty days.
2) Discontinuance of privileges granted over and above the treatment provided for by the present Convention.
3) Fatigue duties, not exceeding two hours daily, in connection with the maintenance of the place of internment.
4) Confinement.
In no case shall disciplinary penalties be inhuman, brutal or dangerous for the health of internees. Account shall be taken of the internee’s age, sex and state of health.
The duration of any single punishment shall in no case exceed a maximum of thirty consecutive days, even if the internee is answerable for several breaches of discipline when his case is dealt with, whether such breaches are connected or not.
ART. 120. - Internees who are recaptured after having escaped or when attempting to escape, shall be liable only to disciplinary punishment in respect of this act, even if it is a repeated offence.
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.
CHAPTER X
Transfers of Internees
ART. 127. - The transfer of internees shall always be effected humanely. As a general rule, it shall be carried out by rail or other means of transport, and under conditions at least equal to those obtaining for the forces of the Detaining Power in their changes of station. If, as an exceptional measure, such removals have to be effected on foot,they may not take place unless the internees are in a fit state of health,
ART. 128. - In the event of transfer, internees shall be officially advised of their departure and of their new postal address. Such notification shall be given in time for them to pack their luggage and inform their next of kin.
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