Geneva Convention relative to the Treatment of Prisoners of War, 75 U.N.T.S.

135, entered into force Oct. 21, 1950.

PART I

GENERAL PROVISIONS

Article 1

The High Contracting Parties undertake to respect and to ensure respect for the
present Convention in all circumstances.

Article 2

In addition to the provisions which shall be implemented in peace time, the present
Convention shall apply to all cases of declared war or of any other armed conflict
which may arise between two or more of the High Contracting Parties, even if the
state of war is not recognized by one of them.

The Convention shall also apply to all cases of partial or total occupation of the
territory of a High Contracting Party, even if the said occupation meets with no armed
resistance.

Although one of the Powers in conflict may not be a party to the present Convention,
the Powers who are parties thereto shall remain bound by it in their mutual relations.
They shall furthermore be bound by the Convention in relation to the said Power, if
the latter accepts and applies the provisions thereof.

Article 3

In the case of armed conflict not of an international character occurring in the territory
of one of the High Contracting Parties, each party to the conflict shall be bound to
apply, as a minimum, the following provisions:

1. Persons taking no active part in the hostilities, including members of armed forces
who have laid down their arms and those placed hors de combat by sickness, wounds,
detention, or any other cause, shall in all circumstances be treated humanely, without
any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth,
or any other similar criteria.
To this end the following acts are and shall remain prohibited at any time and in any
place whatsoever with respect to the above-mentioned persons:

(a) Violence to life and person, in particular murder of all kinds, mutilation, cruel
treatment and torture;

(b) Taking of hostages;

(c) Outrages upon personal dignity, in particular, humiliating and degrading treatment;

(d) The passing of sentences and the carrying out of executions without previous
judgment pronounced by a regularly constituted court affording all the judicial
guarantees which are recognized as indispensable by civilized peoples.

2. The wounded and sick shall be collected and cared for.

An impartial humanitarian body, such as the International Committee of the Red

Cross, may offer its services to the Parties to the conflict.

The Parties to the conflict should further endeavour to bring into force, by means of
special agreements, all or part of the other provisions of the present Convention.

The application of the preceding provisions shall not affect the legal status of the
Parties to the conflict.

Article 4

A. Prisoners of war, in the sense of the present Convention, are persons belonging to
one of the following categories, who have fallen into the power of the enemy:

1. Members of the armed forces of a Party to the conflict as well as members of

militias or volunteer corps forming part of such armed forces.

2. Members of other militias and members of other volunteer corps, including those of
organized resistance movements, belonging to a Party to the conflict and operating in
or outside their own territory, even if this territory is occupied, provided that such
militias or volunteer corps, including such organized resistance movements, fulfil the
following conditions:

(a) That of being commanded by a person responsible for his subordinates;

(b) That of having a fixed distinctive sign recognizable at a distance;

(c) That of carrying arms openly;

(d) That of conducting their operations in accordance with the laws and customs of
war.

3. Members of regular armed forces who profess allegiance to a government or an

authority not recognized by the Detaining Power.

4. Persons who accompany the armed forces without actually being members thereof,
such as civilian members of military aircraft crews, war correspondents, supply
contractors, members of labour units or of services responsible for the welfare of the
armed forces, provided that they have received authorization from the armed forces
which they accompany, who shall provide them for that purpose with an identity card
similar to the annexed model.

5. Members of crews, including masters, pilots and apprentices, of the merchant

marine and the crews of civil aircraft of the Parties to the conflict, who do not benefit
by more favourable treatment under any other provisions of international law.

6. Inhabitants of a non-occupied territory, who on the approach of the enemy

spontaneously take up arms to resist the invading forces, without having had time to
form themselves into regular armed units, provided they carry arms openly and
respect the laws and customs of war.

B. The following shall likewise be treated as prisoners of war under the present
Convention:

1. Persons belonging, or having belonged, to the armed forces of the occupied

country, if the occupying Power considers it necessary by reason of such allegiance to
intern them, even though it has originally liberated them while hostilities were going
on outside the territory it occupies, in particular where such persons have made an
unsuccessful attempt to rejoin the armed forces to which they belong and which are
engaged in combat, or where they fail to comply with a summons made to them with a
view to internment.

2. The persons belonging to one of the categories enumerated in the present Article,
who have been received by neutral or non-belligerent Powers on their territory and
whom these Powers are required to intern under international law, without prejudice
to any more favourable treatment which these Powers may choose to give and with
the exception of Articles 8, 10, 15, 30, fifth paragraph, 58-67, 92, 126 and, where
diplomatic relations exist between the Parties to the conflict and the neutral or non-
belligerent Power concerned, those Articles concerning the Protecting Power. Where
such diplomatic relations exist, the Parties to a conflict on whom these persons depend
shall be allowed to perform towards them the functions of a Protecting Power as
provided in the present Convention, without prejudice to the functions which these
Parties normally exercise in conformity with diplomatic and consular usage and
treaties.

C. This Article shall in no way affect the status of medical personnel and chaplains as
provided for in Article 33 of the present Convention.

Article 5

The present Convention shall apply to the persons referred to in Article 4 from the
time they fall into the power of the enemy and until their final release and repatriation.

Should any doubt arise as to whether persons, having committed a belligerent act and
having fallen into the hands of the enemy, belong to any of the categories enumerated
in Article 4, such persons shall enjoy the protection of the present Convention until
such time as their status has been determined by a competent tribunal.

Article 6

In addition to the agreements expressly provided for in Articles 10, 23, 28, 33, 60, 65,
66, 67, 72, 73, 75, 109, 110, 118, 119, 122 and 132, the High Contracting Parties may
conclude other special agreements for all matters concerning which they may deem it
suitable to make separate provision. No special agreement shall adversely affect the
situation of prisoners of war, as defined by the present Convention, nor restrict the
rights which it confers upon them.

Prisoners of war shall continue to have the benefit of such agreements as long as the
Convention is applicable to them, except where express provisions to the contrary are
contained in the aforesaid or in subsequent agreements, or where more favourable
measures have been taken with regard to them by one or other of the Parties to the
conflict.

Article 7

Prisoners of war may in no circumstances renounce in part or in entirety the rights

secured to them by the present Convention, and by the special agreements referred to
in the foregoing Article, if such there be.

Article 8
The present Convention shall be applied with the cooperation and under the scrutiny
of the Protecting Powers whose duty it is to safeguard the interests of the Parties to the
conflict. For this purpose, the Protecting Powers may appoint, apart from their
diplomatic or consular staff, delegates from amongst their own nationals or the
nationals of other neutral Powers. The said delegates shall be subject to the approval
of the Power with which they are to carry out their duties.

The Parties to the conflict shall facilitate to the greatest extent possible the task of the
representatives or delegates of the Protecting Powers.

The representatives or delegates of the Protecting Powers shall not in any case exceed
their mission under the present Convention. They shall, in particular, take account of
the imperative necessities of security of the State wherein they carry out their duties.

Article 9

The provisions of the present Convention constitute no obstacle to the humanitarian

activities which the International Committee of the Red Cross or any other impartial
humanitarian organization may, subject to the consent of the Parties to the conflict
concerned, undertake for the protection of prisoners of war and for their relief.

Article 10

The High Contracting Parties may at any time agree to entrust to an organization
which offers all guarantees of impartiality and efficacy the duties incumbent on the
Protecting Powers by virtue of the present Convention.

When prisoners of war do not benefit or cease to benefit, no matter for what reason,
by the activities of a Protecting Power or of an organization provided for in the first
paragraph above, the Detaining Power shall request a neutral State, or such an
organization, to undertake the functions performed under the present Convention by a
Protecting Power designated by the Parties to a conflict.

If protection cannot be arranged accordingly, the Detaining Power shall request or

shall accept, subject to the provisions of this Article, the offer of the services of a
humanitarian organization, such as the International Committee of the Red Cross, to
assume the humanitarian functions performed by Protecting Powers under the present
Convention.

Any neutral Power or any organization invited by the Power concerned or offering
itself for these purposes, shall be required to act with a sense of responsibility towards
the Party to the conflict on which persons protected by the present Convention
depend, and shall be required to furnish sufficient assurances that it is in a position to
undertake the appropriate functions and to discharge them impartially.

No derogation from the preceding provisions shall be made by special agreements

between Powers one of which is restricted, even temporarily, in its freedom to
negotiate with the other Power or its allies by reason of military events, more
particularly where the whole, or a substantial part, of the territory of the said Power is
occupied.

Whenever in the present Convention mention is made of a Protecting Power, such

mention applies to substitute organizations in the sense of the present Article.

Article 11

In cases where they deem it advisable in the interest of protected persons, particularly
in cases of disagreement between the Parties to the conflict as to the application or
interpretation of the provisions of the present Convention, the Protecting Powers shall
lend their good offices with a view to settling the disagreement.

For this purpose, each of the Protecting Powers may, either at the invitation of one
Party or on its own initiative, -propose to the Parties to the conflict a meeting of their
representatives, and in particular of the authorities responsible for prisoners of war,
possibly on neutral territory suitably chosen. The Parties to the conflict shall be bound
to give effect to the proposals made to them for this purpose. The Protecting Powers
may, if necessary, propose for approval by the Parties to the conflict a person
belonging to a neutral Power, or delegated by the International Committee of the Red
Cross, who shall be invited to take part in such a meeting.

PART II

GENERAL PROTECTION OF PRISONERS OF WAR

Article 12

Prisoners of war are in the hands of the enemy Power, but not of the individuals or
military units who have captured them. Irrespective of the individual responsibilities
that may exist, the Detaining Power is responsible for the treatment given them.

Prisoners of war may only be transferred by the Detaining Power to a Power which is
a party to the Convention and after the Detaining Power has satisfied itself of the
willingness and ability of such transferee Power to apply the Convention. When
prisoners of war are transferred under such circumstances, responsibility for the
application of the Convention rests on the Power accepting them while they are in its
custody.

Nevertheless if that Power fails to carry out the provisions of the Convention in any
important respect, the Power by whom the prisoners of war

were transferred shall, upon being notified by the Protecting Power, take effective
measures to correct the situation or shall request the return of the prisoners of war.
Such requests must be complied with.

Article 13

Prisoners of war must at all times be humanely treated. Any unlawful act or omission
by the Detaining Power causing death or seriously endangering the health of a
prisoner of war in its custody is prohibited, and will be regarded as a serious breach of
the present Convention. In particular, no prisoner of war may be subjected to physical
mutilation or to medical or scientific experiments of any kind which are not justified
by the medical, dental or hospital treatment of the prisoner concerned and carried out
in his interest.

Likewise, prisoners of war must at all times be protected, particularly against acts of
violence or intimidation and against insults and public curiosity

Measures of reprisal against prisoners of war are prohibited.

Article 14

Prisoners of war are entitled in all circumstances to respect for their persons and their
honour.

Women shall be treated with all the regard due to their sex and shall in all cases
benefit by treatment as favourable as that granted to men.

Prisoners of war shall retain the full civil capacity which they enjoyed at the time of
their capture. The Detaining Power may not restrict the exercise, either within or
without its own territory, of the rights such capacity confers except in so far as the
captivity requires.

Article 15

The Power detaining prisoners of war shall be bound to provide free of charge for
their maintenance and for the medical attention required by their state of health.
Article 16

Taking into consideration the provisions of the present Convention relating to rank
and sex, and subject to any privileged treatment which may be accorded to them by
reason of their state of health, age or professional qualifications, all prisoners of war
shall be treated alike by the Detaining Power, without any adverse distinction based
on race, nationality, religious belief or political opinions, or any other distinction
founded on similar criteria. PART III

CAPTIVITY

SECTION I

BEGINNING OF CAPTIVITY

Article 17

Every prisoner of war, when questioned on the subject, is bound to give only his
surname, first names and rank, date of birth, and army, regimental, personal or serial
number, or failing this, equivalent information.

If he wilfully infringes this rule, he may render himself liable to a restriction of the
privileges accorded to his rank or status.

Each Party to a conflict is required to furnish the persons under its jurisdiction who
are liable to become prisoners of war, with an identity card showing the owner's
surname, first names, rank, army, regimental, personal or serial number or equivalent
information, and date of birth. The identity card may, furthermore, bear the signature
or the fingerprints, or both, of the owner, and may bear, as well, any other information
the Party to the conflict may wish to add concerning persons belonging to its armed
forces. AS far as possible the card shall measure 6.5 x 10 cm. and shall be issued in
duplicate. The identity card shall be shown by the prisoner of war upon demand, but
may in no case be taken away from him.

No physical or mental torture, nor any other form of coercion, may be inflicted on
prisoners of war to secure from them information of any kind whatever. Prisoners of
war who refuse to answer may not be threatened, insulted, or exposed to any
unpleasant or disadvantageous treatment of any kind.

Prisoners of war who, owing to their physical or mental condition, are unable to state
their identity, shall be handed over to the medical service. The identity of such
prisoners shall be established by all possible means, subject to the provisions of the
preceding paragraph.

The questioning of prisoners of war shall be carried out in a language which they
understand.

Article 18

All effects and articles of personal use, except arms, horses, military equipment and
military documents shall remain in the possession of prisoners of war, likewise their
metal helmets and gas masks and like articles issued for personal protection. Effects
and articles used for their clothing or feeding shall likewise remain in their possession,
even if such effects and articles belong to their regulation military equipment.

At no time should prisoners of war be without identity documents. The Detaining

Power shall supply such documents to prisoners of war who possess none.

Badges of rank and nationality, decorations and articles having above all a personal or
sentimental value may not be taken from prisoners of war.

Sums of money carried by prisoners of war may not be taken away from them except
by order of an officer, and after the amount and particulars of the owner have been
recorded in a special register and an itemized receipt has been given, legibly inscribed
with the name, rank and unit of the person issuing the said receipt. Sums in the
currency of the Detaining Power, or which are changed into such currency at the
prisoner's request, shall be placed to the credit of the prisoner's account as provided in
Article 64.

The Detaining Power may withdraw articles of value from prisoners of war only for
reasons of security; when such articles are withdrawn, the procedure laid down for
sums of money impounded shall apply.

Such objects, likewise the sums taken away in any currency other than that of the
Detaining Power and the conversion of which has not been asked for by the owners,
shall be kept in the custody of the Detaining Power and shall be returned in their
initial shape to prisoners of war at the end of their captivity.

Article 19

Prisoners of war shall be evacuated, as soon as possible after their capture, to camps
situated in an area far enough from the combat zone for them to be out of danger.
Only those prisoners of war who, owing to wounds or sickness, would run greater
risks by being evacuated than by remaining where they are, may be temporarily kept
back in a danger zone.

Prisoners of war shall not be unnecessarily exposed to danger while awaiting

evacuation from a fighting zone.

Article 20

The evacuation of prisoners of war shall always be effected humanely and in

conditions similar to those for the forces of the Detaining Power in their changes of
station.

The Detaining Power shall supply prisoners of war who are being evacuated with
sufficient food and potable water, and with the necessary clothing and medical
attention. The Detaining Power shall take all suitable precautions to ensure their
safety during evacuation, and shall establish as

soon as possible a list of the prisoners of war who are evacuated. .;

If prisoners of war must, during evacuation, pass through transit camps, their stay in
such camps shall be as brief as possible.

SECTION 11

INTERNMENT OF PRISONERS OF WAR

Chapter I

GENERAL OBSERVATIONS

Article 21

The Detaining Power may subject prisoners of war to internment. It may impose on
them the obligation of not leaving, beyond certain limits, the camp where they are
interned, or if the said camp is fenced in, of not going outside its perimeter. Subject to
the provisions of the present Convention relative to penal and disciplinary sanctions,
prisoners of war may not be held in close confinement except where necessary to
safeguard their health and then only during the continuation of the circumstances
which make such confinement necessary.

Prisoners of war may be partially or wholly released on parole or promise, in so far as

is allowed by the laws of the Power on which they depend. Such measures shall be
taken particularly in cases where this may contribute to the improvement of their state
of health. No prisoner of war shall be compelled to accept liberty on parole or
promise.

Upon the outbreak of hostilities, each Party to the conflict shall notify the adverse
Party of the laws and regulations allowing or forbidding its own nationals to accept
liberty on parole or promise. Prisoners of war who are paroled or who have given their
promise in conformity with the laws and regulations so notified, are bound on their
personal honour scrupulously to fulfil, both towards the Power on which they depend
and towards the Power which has captured them, the engagements of their paroles or
promises. In such cases, the Power on which they depend is bound neither to require
nor to accept from them any service incompatible with the parole or promise given.

Article 22

Prisoners of war may be interned only in premises located on land and affording every
guarantee of hygiene and healthfulness. Except in particular

cases which are justified by the interest of the prisoners themselves, they shall not be
interned in penitentiaries.

Prisoners of war interned in unhealthy areas, or where the climate is injurious for
them, shall be removed as soon as possible to a more favourable climate.

The Detaining Power shall assemble prisoners of war in camps or camp compounds
according to their nationality, language and customs, provided that such prisoners
shall not be separated from prisoners of war belonging to the armed forces with which
they were serving at the time of their capture, except with their consent.

Article 23

No prisoner of war may at any time be sent to or detained in areas where he may be
exposed to the fire of the combat zone, nor may his presence be used to render certain
points or areas immune from military operations.

Prisoners of war shall have shelters against air bombardment and other hazards of
war, to the same extent as the local civilian population. With the exception of those
engaged in the protection of their quarters against the aforesaid hazards, they may
enter such shelters as soon as possible after the giving of the alarm. Any other
protective measure taken in favour of the population shall also apply to them.
Detaining Powers shall give the Powers concerned, through the intermediary of the
Protecting Powers. all useful information regarding the geographical location of
prisoner of war camps.

Whenever military considerations permit, prisoner of war camps shall be indicated in

the day-time by the letters PW or PG, placed so as to be clearly visible from the air.
The Powers concerned may, however, agree upon any other system of marking. Only
prisoner of war camps shall be marked as such.

Article 24

Transit or screening camps of a permanent kind shall be fitted out under conditions
similar to those described in the present Section, and the prisoners therein shall have
the same treatment as in other camps.

Chapter II

QUARTERS FOOD AND CLOTHING OF PRISONERS OF WAR

Article 25

Prisoners of war shall be quartered under conditions as favourable as those for the
forces of the Detaining Power who are billeted in the same area. The said conditions
shall make allowance for the habits and customs of the prisoners and shall in no case
be prejudicial to their health.

The foregoing provisions shall apply in particular to the dormitories of prisoners of

war as regards both total surface and minimum cubic space, and the general
installations, bedding and blankets.

The premises provided for the use of prisoners of war individually or collectively,
shall be entirely protected from dampness and adequately heated and lighted, in
particular between dusk and lights out. All precautions must be taken against the
danger of fire.

In any camps in which women prisoners of war, as well as men, are accommodated,
separate dormitories shall be provided for them.

Article 26

The basic daily food rations shall be sufficient in quantity, quality and variety to keep
prisoners of war in good health and to prevent loss of weight or the development of
nutritional deficiencies. Account shall also be taken of the habitual diet of the
prisoners.

The Detaining Power shall supply prisoners of war who work with such additional
rations as are necessary for the labour on which they are employed.

Sufficient drinking water shall be supplied to prisoners of war. The use of tobacco
shall be permitted.

Prisoners of war shall, as far as possible, be associated with the preparation of their
meals; they may be employed for that purpose in the kitchens. Furthermore, they shall
be given the means of preparing, themselves, the additional food in their possession.

Adequate premises shall be provided for messing.

Collective disciplinary measures affecting food are prohibited.

Article 27

Clothing, underwear and footwear shall be supplied to prisoners of war in sufficient

quantities by the Detaining Power, which shall make allowance

for the climate of the region where the prisoners are detained. Uniforms of enemy
armed forces captured by the Detaining Power should, if suitable for the climate, be
made available to clothe prisoners of war.

The regular replacement and repair of the above articles shall be assured by the
Detaining Power. In addition, prisoners of war who work shall receive appropriate
clothing, wherever the nature of the work demands.

Article 28

Canteens shall be installed in all camps, where prisoners of war may procure
foodstuffs, soap and tobacco and ordinary articles in daily use. The tariff shall never
be in excess of local market prices.

The profits made by camp canteens shall be used for the benefit of the prisoners; a
special fund shall be created for this purpose. The prisoners' representative shall have
the right to collaborate in the management of the canteen and of this fund.

When a camp is closed down, the credit balance of the special fund shall be handed to
an international welfare organization, to be employed for the benefit of prisoners of
war of the same nationality as those who have contributed to the fund. In case of a
general repatriation, such profits shall be kept by the Detaining Power, subject to any
agreement to the contrary between the Powers concerned.

Chapter III

HYGIENE AND MEDICAL ATTENTION

Article 29

The Detaining Power shall be bound to take all sanitary measures necessary to ensure
the cleanliness and healthfulness of camps and to prevent epidemics.

Prisoners of war shall have for their use, day and night, conveniences which conform
to the rules of hygiene and are maintained in a constant state of cleanliness. In any
camps in which women prisoners of war are accommodated, separate conveniences
shall be provided for them.

Also, apart from the baths and showers with which the camps shall be furnished,
prisoners of war shall be provided with sufficient water and soap for their personal
toilet and for washing their personal laundry; the necessary installations, facilities and
time shall be granted them for that purpose.

Article 30

Every camp shall have an adequate infirmary where prisoners of war may have the
attention they require, as well as appropriate diet. Isolation wards shall, if necessary,
be set aside for cases of contagious or mental disease.

Prisoners of war suffering from serious disease, or whose condition necessitates

special treatment, a surgical operation or hospital care, must be admitted to any
military or civilian medical unit where such treatment can be given, even if their
repatriation is contemplated in the near future. Special facilities shall be afforded for
the care to be given to the disabled, in particular to the blind, and for their
rehabilitation, pending repatriation.

Prisoners of war shall have the attention, preferably, of medical personnel of the
Power on which they depend and, if possible, of their nationality.

Prisoners of war may not be prevented from presenting themselves to the medical
authorities for examination. The detaining authorities shall, upon request, issue to
every prisoner who has undergone treatment, an official certificate indicating the
nature of his illness or injury, and the duration and kind of treatment received. A
duplicate of this certificate shall be forwarded to the Central Prisoners of War
Agency.

The costs of treatment, including those of any apparatus necessary for the
maintenance of prisoners of war in good health, particularly dentures and other
artificial appliances, and spectacles, shall be borne by the Detaining Power.

Article 31

Medical inspections of prisoners of war shall be held at least once a month. They shall
include the checking and the recording of the weight of each prisoner of war. Their
purpose shall be, in particular, to supervise the general state of health, nutrition and
cleanliness of prisoners and to detect contagious diseases, especially tuberculosis,
malaria and venereal disease. For this purpose the most efficient methods available
shall be employed, e.g. periodic mass miniature radiography for the early detection of
tuberculosis.

Article 32

Prisoners of war who, though not attached to the medical service of their armed
forces, are physicians, surgeons, dentists, nurses or medical orderlies, may be required
by the Detaining Power to exercise their medical functions in the interests of prisoners
of war dependent on the same Power. In that case they shall continue to be prisoners
of war, but shall receive the

same treatment as corresponding medical personnel retained by the Detaining Power.

They shall be exempted from any other work under Article 49.

Chapter IV

MEDICAL PERSONNEL AND CHAPLAINS

RETAINED TO ASSIST PRISONERS OF WAR

Article 33

Members of the medical personnel and chaplains while retained by the Detaining
Power with a view to assisting prisoners of war, shall not be considered as prisoners
of war. They shall, however, receive as a minimum the benefits and protection of the
present Convention, and shall also be granted all facilities necessary to provide for the
medical care of, and religious ministration to prisoners of war.
They shall continue to exercise their medical and spiritual functions for the benefit of
prisoners of war, preferably those belonging to the armed forces upon which they
depend, within the scope of the military laws and regulations of the Detaining Power
and under the control of its competent services, in accordance with their professional
etiquette. They shall also benefit by the following facilities in the exercise of their
medical or spiritual functions:

(a) They shall be authorized to visit periodically prisoners of war situated in working
detachments or in hospitals outside the camp. For this purpose, the Detaining Power
shall place at their disposal the necessary means of transport.

(b) The senior medical officer in each camp shall be responsible to the camp military
authorities for everything connected with the activities of retained medical personnel.
For this purpose, Parties to the conflict shall agree at the outbreak of hostilities on the
subject of the corresponding ranks of the medical personnel, including that of
societies mentioned in Article 26 of the Geneva Convention for the Amelioration of
the Condition of the Wounded and Sick in Armed Forces in the Field of August 12,
1949. This senior medical officer, as well as chaplains, shall have the right to deal
with the competent authorities of the camp on all questions relating to their duties.
Such authorities shall afford them all necessary facilities for correspondence relating
to these questions.

(c) Although they shall be subject to the internal discipline of the camp in which they
are retained, such personnel may not be compelled to carry out any work other than
that concerned with their medical or religious duties.

During hostilities, the Parties to the conflict shall agree concerning the possible relief
of retained personnel and shall settle the procedure to be followed.

None of the preceding provisions shall relieve the Detaining Power of its obligations
with regard to prisoners of war from the medical or spiritual point of view.

Chapter V

RELIGIOUS INTELLECTUAL AND PHYSICAL ACTIVITIES

Article 34

Prisoners of war shall enjoy complete latitude in the exercise of their religious duties,
including attendance at the service of their faith, on condition that they comply with
the disciplinary routine prescribed by the military authorities.
Adequate premises shall be provided where religious services may be held.

Article 35

Chaplains who fall into the hands of the enemy Power and who remain or are retained
with a view to assisting prisoners of war, shall be allowed to minister to them and to
exercise freely their ministry amongst prisoners of war of the same religion, in
accordance with their religious conscience. They shall be allocated among the various
camps and labour detachments containing prisoners of war belonging to the same
forces. speaking the same language or practising the same religion. They shall enjoy
the necessary facilities, including the means of transport provided for in Article 33,
for visiting the prisoners of war outside their camp. They shall be free to correspond,
subject to censorship, on matters concerning their religious duties with the
ecclesiastical authorities in the country of detention and with international religious
organizations. Letters and cards which they may send for this purpose shall be in
addition to the quota provided for in Article 71.

Article 36

Prisoners of war who are ministers of religion, without having officiated as chaplains
to their own forces, shall be at liberty, whatever their denomination, to minister freely
to the members of their community. For this purpose, they shall receive the same
treatment as the chaplains retained by the Detaining Power. They shall not be obliged
to do any other work.

Article 37

When prisoners of war have not the assistance of a retained chaplain or of a prisoner
of war minister of their faith, a minister belonging to the prisoners, or a similar
denomination, or in his absence a qualified layman, if such a course is feasible from a
confessional point of view, shall be appointed, at the request of the prisoners
concerned, to fill this office. This appointment, subject to the approval of the
Detaining Power, shall take place with the agreement of the community of prisoners
concerned and, wherever necessary, with the approval of the local religious authorities
of the same faith. The person thus appointed shall comply with all regulations
established by the Detaining Power in the interests of discipline and military security.

Article 38

While respecting the individual preferences of every prisoner, the Detaining Power
shall encourage the practice of intellectual, educational, and recreational pursuits,
sports and games amongst prisoners, and shall take the measures necessary to ensure
the exercise thereof by providing them with adequate premises and necessary
equipment.

Prisoners shall have opportunities for taking physical exercise, including sports and
games, and for being out of doors. Sufficient open spaces shall be provided for this
purpose in all camps.

Chapter VI

DISCIPLINE

Article 39

Every prisoner of war camp shall be put under the immediate authority of a
responsible commissioned officer belonging to the regular armed forces of the
Detaining Power. Such officer shall have in his possession a copy of the present
Convention; he shall ensure that its provisions are known to the camp staff and the
guard and shall be responsible, under the direction of his government, for its
application.

Prisoners of war, with the exception of officers, must salute and show to all officers of
the Detaining Power the external marks of respect provided for by the regulations
applying in their own forces.

Officer prisoners of war are bound to salute only officers of a higher rank of the
Detaining Power; they must, however, salute the camp commander regardless of his
rank.

Article 40

The wearing of badges of rank and nationality, as well as of decorations, shall be

permitted.

Article 41

In every camp the text of the present Convention and its Annexes and the contents of
any special agreement provided for in Article 6, shall be posted, in the prisoners' own
language, at places where all may read them. Copies shall be supplied, on request, to
the prisoners who cannot have access to the copy which has been posted.

Regulations, orders, notices and publications of every kind relating to the conduct of
prisoners of war shall be issued to them in a language which they understand. Such
regulations, orders and publications shall be posted in the manner described above and
copies shall be handed to the prisoners' representative. Every order and command
addressed to prisoners of war individually must likewise be given in a language which
they understand.

Article 42

The use of weapons against prisoners of war, especially against those who are
escaping or attempting to escape, shall constitute an extreme measure, which shall
always be preceded by warnings appropriate to the circumstances.

Chapter VII

RANK OF PRISONERS OF WAR

Article 43

Upon the outbreak of hostilities, the Parties to the conflict shall communicate to one
another the titles and ranks of all the persons mentioned in Article 4 of the present
Convention, in order to ensure equality of treatment between prisoners of equivalent
rank. Titles and ranks which are subsequently created shall form the subject of similar
communications.

The Detaining Power shall recognize promotions in rank which have been accorded to
prisoners of war and which have been duly notified by the Power on which these
prisoners depend.

Article 44

Officers and prisoners of equivalent status shall be treated with the regard due to their
rank and age.

In order to ensure service in officers' camps, other ranks of the same armed forces
who, as far as possible, speak the same language, shall be assigned in sufficient
numbers, account being taken of the rank of officers and prisoners of equivalent
status. Such orderlies shall not be required to perform any other work.

Supervision of the mess by the officers themselves shall be facilitated in every way.

Article 45

Prisoners of war other than officers and prisoners of equivalent status shall be treated
with the regard due to their rank and age.
Supervision of the mess by the prisoners themselves shall be facilitated in every way.

Chapter VIII

TRANSFER OF PRISONERS OF WAR AFTER THEIR ARRIVAL IN CAMP

Article 46

The Detaining Power, when deciding upon the transfer of prisoners of war, shall take
into account the interests of the prisoners themselves, more especially so as not to
increase the difficulty of their repatriation.

The transfer of prisoners of war shall always be effected humanely and in conditions
not less favourable than those under which the forces of the Detaining Power are
transferred. Account shall always be taken of the climatic conditions to which the
prisoners of war are accustomed and the conditions of transfer shall in no case be
prejudicial to their health.

The Detaining Power shall supply prisoners of war during transfer with sufficient food
and drinking water to keep them in good health, likewise with the necessary clothing,
shelter and medical attention. The Detaining Power shall take adequate precautions
especially in case of transport by sea or by air, to ensure their safety during transfer,
and shall draw up a complete list of all transferred prisoners before their departure.

Article 47

Sick or wounded prisoners of war shall not be transferred as long as their recovery
may be endangered by the journey, unless their safety imperatively demands it.

If the combat zone draws closer to a camp, the prisoners of war in the said camp shall
not be transferred unless their transfer can be carried out in adequate conditions of
safety, or if they are exposed to greater risks by remaining on the spot than by being
transferred.

Article 48

In the event of transfer, prisoners of war shall be officially advised of their departure
and of their new postal address. Such notifications shall be given in time for them to
pack their luggage and inform their next of kin.

They shall be allowed to take with them their personal effects, and the correspondence
and parcels which have arrived for them. The weight of such baggage may be limited,
if the conditions of transfer so require, to what each prisoner can reasonably carry,
which shall in no case be more than twenty-five kilograms per head.

Mail and parcels addressed to their former camp shall be forwarded to them without
delay. The camp commander shall take, in agreement with the prisoners'
representative, any measures needed to ensure the transport of the prisoners'
community property and of the luggage they are unable to take with them in
consequence of restrictions imposed by virtue of the second paragraph of this Article.

The costs of transfers shall be borne by the Detaining Power.

SECTION 111

LABOUR OF PRISONERS OF WAR

Article 49

The Detaining Power may utilize the labour of prisoners of war who are physically fit,
taking into account their age, sex, rank and physical aptitude, and with a view
particularly to maintaining them in a good state of physical and mental health.

Non-commissioned officers who are prisoners of war shall only be required to do

supervisory work. Those not so required may ask for other suitable work which shall,
so far as possible, be found for them.

If officers or persons of equivalent status ask for suitable work, it shall be found for
them, so far as possible, but they may in no circumstances be compelled to work.

Article 50

Besides work connected with camp administration, installation or maintenance,

prisoners of war may be compelled to do only such work as is included in the
following classes:

(a) Agriculture;

(b) Industries connected with the production or the extraction of raw materials, and
manufacturing industries, with the exception of metallurgical, machinery and
chemical industries; public works and building operations which have no military
character or purpose;

(c) Transport and handling of stores which are not military in character or purpose;
(d) Commercial business, and arts and crafts;

(e) Domestic service;

(f) Public utility services having no military character or purpose.

Should the above provisions be infringed, prisoners of war shall be allowed to

exercise their right of complaint, in conformity with Article 78.

Article 51

Prisoners of war must be granted suitable working conditions, especially as regards

accommodation, food, clothing and equipment; such conditions shall not be inferior to
those enjoyed by nationals of the Detaining Power employed in similar work; account
shall also be taken of climatic conditions.

The Detaining Power, in utilizing the labour of prisoners of war, shall en sure that in
areas in which prisoners are employed, the national legislation concerning the
protection of labour, and, more particularly, the regulations for the safety of workers,
are duly applied.

Prisoners of war shall receive training and be provided with the means of protection
suitable to the work they will have to do and similar to those accorded to the nationals
of the Detaining Power. Subject to the provisions of Article 52, prisoners may be
submitted to the normal risks run by these civilian workers.

Conditions of labour shall in no case be rendered more arduous by disciplinary

measures.

Article 52

Unless he be a volunteer, no prisoner of war may be employed on labour which is of

an unhealthy or dangerous nature.

No prisoner of war shall be assigned to labour which would be looked upon as

humiliating for a member of the Detaining Power's own forces.

The removal of mines or similar devices shall be considered as dangerous labour.

Article 53

The duration of the daily labour of prisoners of war, including the time of the journey
to and fro, shall not be excessive, and must in no case exceed that permitted for
civilian workers in the district, who are nationals of the Detaining Power and
employed on the same work.

Prisoners of war must be allowed, in the middle of the day's work, a rest of not less
than one hour. This rest will be the same as that to which workers of the Detaining
Power are entitled, if the latter is of longer duration. They shall be allowed in addition
a rest of twenty-four consecutive hours every week, preferably on Sunday or the day
of rest in their country of origin. Furthermore, every prisoner who has worked for one
year shall be granted a rest of eight consecutive days, during which his working pay
shall be paid him.

If methods of labour such as piece-work are employed, the length of the working
period shall not be rendered excessive thereby.

Article 54

The working pay due to prisoners of war shall be fixed in accordance with the
provisions of Article 62 of the present Convention.

Prisoners of war who sustain accidents in connection with work, or who contract a
disease in the course, or in consequence of their work, shall receive all the care their
condition may require. The Detaining Power shall furthermore deliver to such
prisoners of war a medical certificate enabling them to submit their claims to the
Power on which they depend, and shall send a duplicate to the Central Prisoners of
War Agency provided for in Article 123.

Article 55

The fitness of prisoners of war for work shall be periodically verified by medical
examinations at least once a month. The examinations shall have particular regard to
the nature of the work which prisoners of war are required to do.

If any prisoner of war considers himself incapable of working, he shall be permitted to

appear before the medical authorities of his camp. Physicians or surgeons may
recommend that the prisoners who are, in their opinion, unfit for work, be exempted
therefrom.

Article 56

The organization and administration of labour detachments shall be similar to those of

prisoner of war camps.
Every labour detachment shall remain under the control of and administratively part
of a prisoner of war camp. The military authorities and the commander of the said
camp shall be responsible, under the direction of their government, for the observance
of the provisions of the present Convention in labour detachments.

The camp commander shall keep an up-to-date record of the labour detachments
dependent on his camp, and shall communicate it to the delegates of the Protecting
Power, of the International Committee of the Red Cross, or of other agencies giving
relief to prisoners of war, who may visit the camp.

Article 57

The treatment of prisoners of war who work for private persons, even if the latter are
responsible for guarding and protecting them, shall not be inferior to that which is
provided for by the present Convention. The Detaining Power, the military authorities
and the commander of the camp to which such prisoners belong shall be entirely
responsible for the maintenance, care, treatment, and payment of the working pay of
such prisoners of war.

Such prisoners of war shall have the right to remain in communication with the
prisoners' representatives in the camps on which they depend.

SECTION IV

FINANCIAL RESOURCES OF PRISONERS OF WAR

Article 58

Upon the outbreak of hostilities, and pending an arrangement on this matter with the
Protecting Power, the Detaining Power may determine the maximum amount of
money in cash or in any similar form, that prisoners may have in their possession.
Any amount in excess, which was properly in their possession and which has been
taken or withheld from them, shall be placed to their account, together with any
monies deposited by them, and shall not be converted into any other currency without
their consent.

If prisoners of war are permitted to purchase services or commodities outside the

camp against payment in cash, such payments shall be made by the prisoner himself
or by the camp administration who will charge them to the accounts of the prisoners
concerned. The Detaining Power will establish the necessary rules in this respect.

Article 59
Cash which was taken from prisoners of war, in accordance with Article 18, at the
time of their capture, and which is in the currency of the Detaining Power, shall be
placed to their separate accounts, in accordance with the provisions of Article 64 of
the present Section.

The amounts, in the currency of the Detaining Power, due to the conversion of sums
in other currencies that are taken from the prisoners of war at the same time, shall also
be credited to their separate accounts.

Article 60

The Detaining Power shall grant all prisoners of war a monthly advance of pay, the
amount of which shall be fixed by conversion, into the currency of the said Power, of
the following amounts:

Category I: Prisoners ranking below sergeant: eight Swiss francs.

Category II: Sergeants and other non-commissioned officers, or prisoners of

equivalent rank: twelve Swiss francs.

Category m: Warrant officers and commissioned officers below the rank of major or
prisoners of equivalent rank: fifty Swiss francs.

Category IV: Majors, lieutenant-colonels, colonels or prisoners of equivalent rank:

sixty Swiss francs.

Category V: General officers or prisoners of equivalent rank: seventy-five Swiss

francs.

However, the Parties to the conflict concerned may by special agreement modify the
amount of advances of pay due to prisoners of the preceding categories.

Furthermore, if the amounts indicated in the first paragraph above would be unduly
high compared with the pay of the Detaining Power's armed forces or would, for any
reason, seriously embarrass the Detaining Power, then, pending the conclusion of a
special agreement with the Power on which the prisoners depend to vary the amounts
indicated above, the Detaining Power:

(a) Shall continue to credit the accounts of the prisoners with the amounts indicated in
the first paragraph above;
(b) May temporarily limit the amount made available from these advances of pay to
prisoners of war for their own use, to sums which are reasonable , but which, for
Category I, shall never be inferior to the amount that the Detaining Power gives to the
members of its own armed forces.

The reasons for any limitations will be given without delay to the Protecting Power.

Article 61

The Detaining Power shall accept for distribution as supplementary

pay to prisoners of war sums which the Power on which the prisoners depend may
forward to them,

on condition that the sums to be paid shall be the

same for each prisoner of the same category, shall be payable to all prisoners

of that category depending on that Power, and shall be placed in their separate
accounts, at the

earliest opportunity, in accordance with the provisions

of Article 64. Such supplementary pay shall not relieve the Detaining Power

of any obligation under this Convention.

Article 62

Prisoners of war shall be paid a fair working rate of pay by the detaining authorities
direct. The rate shall be fixed by the said authorities, but shall at no time be less than
one-fourth of one Swiss franc for a full working day. The Detaining Power shall
inform prisoners of war, as well as the Power on which they depend, through the
intermediary of the Protecting Power, of the rate of daily working pay that it has
fixed.

Working pay shall likewise be paid by the detaining authorities to prisoners of war
permanently detailed to duties or to a skilled or semi-skilled occupation in connection
with the administration, installation or maintenance of camps, and to the prisoners
who are required to carry out spiritual or medical duties on behalf of their comrades.

The working pay of the prisoners' representative, of his advisers, if any, and of his
assistants, shall be paid out of the fund maintained by canteen profits. The scale of
this working pay shall be fixed by the prisoners, representative and approved by the
camp commander. If there is no such fund, the detaining authorities shall pay these
prisoners a fair working rate of pay.

Article 63

Prisoners of war shall be permitted to receive remittances of money addressed to them

individually or collectively.

Every prisoner of war shall have at his disposal the credit balance of his account as
provided for in the following Article, within the limits fixed

by the Detaining Power, which shall make such payments as are requested. Subject to
financial or monetary restrictions which the Detaining Power regards as essential,
prisoners of war may also have payments made abroad. In this case payments
addressed by prisoners of war to dependants shall be given priority.

In any event, and subject to the consent of the Power on which they depend, prisoners
may have payments made in their own country, as follows: the Detaining Power shall
send to the aforesaid Power through the Protecting Power a notification giving all the
necessary particulars concerning the prisoners of war, the beneficiaries of the
payments, and the amount of the sums to be paid, expressed in the Detaining Power's
currency. The said notification shall be signed by the prisoners and countersigned by
the camp commander. The Detaining Power shall debit the prisoners' account by a
corresponding amount; the sums thus debited shall be placed by it to the credit of the
Power on which the prisoners depend.

To apply the foregoing provisions, the Detaining Power may usefully consult the
Model Regulations in Annex V of the present Convention.

Article 64

The Detaining Power shall hold an account for each prisoner of war, showing at least
the following:

1. The amounts due to the prisoner or received by him as advances of pay, as working
pay or derived from any other source; the sums in the currency of the Detaining
Power which were taken from him; the sums taken from him and converted at his
request into the currency of the said Power.
2. The payments made to the prisoner in cash, or in any other similar form; the
payments made on his behalf and at his request; the sums transferred under Article 63,
third paragraph.

Article 65

Every item entered in the account of a prisoner of war shall be countersigned or

initialled by him, or by the prisoners' representative acting on his behalf.

Prisoners of war shall at all times be afforded reasonable facilities for consulting and
obtaining copies of their accounts, which may likewise be inspected by the
representatives of the Protecting Powers at the time of visits to the camp.

When prisoners of war are transferred from one camp to another, their personal
accounts will follow them. In case of transfer from one Detaining Power to another,
the monies which are their property and are not in the currency of the Detaining
Power will follow them. They shall be given certificates for any other monies standing
to the credit of their accounts.

The Parties to the conflict concerned may agree to notify to each other at specific
intervals through the Protecting Power, the amount of the accounts of the prisoners of
war.

Article 66

On the termination of captivity, through the release of a prisoner of war or his

repatriation, the Detaining Power shall give him a statement, signed by an authorized
officer of that Power, showing the credit balance then due to him. The Detaining
Power shall also send through the Protecting Power to the government upon which the
prisoner of war depends, lists giving all appropriate particulars of all prisoners of war
whose captivity has been terminated by repatriation, release, escape, death or any
other means, and showing the amount of their credit balances. Such lists shall be
certified on each sheet by an authorized representative of the Detaining Power.

Any of the above provisions of this Article may be varied by mutual agreement
between any two Parties to the conflict.

The Power on which the prisoner of war depends shall be responsible for settling with
him any credit balance due to him from the Detaining Power on the termination of his
captivity.

Article 67
Advances of pay, issued to prisoners of war in conformity with Article 60, shall be
considered as made on behalf of the Power on which they depend. Such advances of
pay, as well as all payments made by the said Power under Article 63, third paragraph,
and Article 68, shall form the subject of arrangements between the Powers concerned,
at the close of hostilities.

Article 68

Any claim by a prisoner of war for compensation in respect of any injury or other
disability arising out of work shall be referred to the Power on which he depends,
through the Protecting Power. In accordance with Article 54, the Detaining Power
will, in all cases, provide the prisoner of war concerned with a statement showing the
nature of the injury or disability, the circumstances in which it arose and particulars of
medical or hospital treatment given for it. This statement will be signed by a
responsible officer of the Detaining Power and the medical particulars certified by a
medical officer.

Any claim by a prisoner of war for compensation in respect of personal effects,

monies or valuables impounded by the Detaining Power under

Article 18 and not forthcoming on his repatriation, or in respect of loss alleged to be

due to the fault of the Detaining Power or any of its servants, shall likewise be
referred to the Power on which he depends. Nevertheless, any such personal effects
required for use by the prisoners of war whilst in captivity shall be replaced at the
expense of the Detaining Power. The Detaining Power will, in all cases, provide the
prisoner of war with a statement, signed by a responsible officer, showing all
available information regarding the reasons why such effects, monies or valuables
have not been restored to him. A copy of this statement will be forwarded to the
Power on which he depends through the Central Prisoners of War Agency provided
for in Article 123.

SECTION V

RELATIONS OF PRISONERS OF WAR WITH THE EXTERIOR

Article 69

Immediately upon prisoners of war falling into its power, the Detaining Power shall
inform them and the Powers on which they depend, through the Protecting Power, of
the measures taken to carry out the provisions of the present Section. They shall
likewise inform the parties concerned of any subsequent modifications of such
measures.
Article 70

Immediately upon capture, or not more than one week after arrival at a camp, even if
it is a transit camp, likewise in case of sickness or transfer to hospital or another camp,
every prisoner of war shall be enabled to write direct to his family, on the one hand,
and to the Central Prisoners of War Agency provided for in Article 123, on the other
hand, a card similar, if possible, to the model annexed to the present Convention,
informing his relatives of his capture, address and state of health. The said cards shall
be forwarded as rapidly as possible and may not be delayed in any manner.

Article 71

Prisoners of war shall be allowed to send and receive letters and cards. If the
Detaining Power deems it necessary to limit the number of letters and cards sent by
each prisoner of war, the said number shall not be less than two letters and four cards
monthly, exclusive of the capture cards provided for in Article 70, and conforming as
closely as possible to the models annexed to the present Convention. Further
limitations may be imposed only if the Protecting Power is satisfied that it would be in
the interests of the prisoners of war concerned to do so owing to difficulties of
translation caused

by the Detaining Power's inability to find sufficient qualified linguists to carry out the
necessary censorship. If limitations must be placed on the correspondence addressed
to prisoners of war, they may be ordered only by the Power on which the prisoners
depend, possibly at the request of the Detaining Power. Such letters and cards must be
conveyed by the most rapid method at the disposal of the Detaining Power; they may
not be delayed or retained for disciplinary reasons.

Prisoners of war who have been without news for a long period, or who are unable to
receive news from their next of kin or to give them news by the ordinary postal route,
as well as those who are at a great distance from their homes, shall be permitted to
send telegrams, the fees being charged against the prisoners of war's accounts with the
Detaining Power or paid in the currency at their disposal. They shall likewise benefit
by-this measure in cases of urgency.

As a general rule, the correspondence of prisoners of war shall be written in their

native language. The Parties to the conflict may allow correspondence in other
languages.

Sacks containing prisoner of war mail must be securely sealed and labelled so as
clearly to indicate their contents, and must be addressed to offices of destination.
Article 72

Prisoners of war shall be allowed to receive by post or by any other means individual
parcels or collective shipments containing, in particular, foodstuffs, clothing, medical
supplies and articles of a religious, educational or recreational character which may
meet their needs, including books, devotional articles, scientific equipment,
examination papers, musical instruments, sports outfits and materials allowing
prisoners of war to pursue their studies or their cultural activities.

Such shipments shall in no way free the Detaining Power from the obligations
imposed upon it by virtue of the present Convention.

The only limits which may be placed on these shipments shall be those proposed by
the Protecting Power in the interest of the prisoners themselves, or by the International
Committee of the Red Cross or any other organization giving assistance to the
prisoners, in respect of their own shipments only, on account of exceptional strain on
transport or communications.

The conditions for the sending of individual parcels and collective relief shall, if
necessary, be the subject of special agreements between the Powers concerned, which
may in no case delay the receipt by the prisoners of relief supplies. Books may not be
included in parcels of clothing and foodstuffs. Medical supplies shall, as a rule, be
sent in collective parcels.

Article 73

In the absence of special agreements between the Powers concerned on the conditions
for the receipt and distribution of collective relief shipments, the rules and regulations
concerning collective shipments, which are annexed to the present Convention, shall
be applied.

The special agreements referred to above shall in no case restrict the right of prisoners'
representatives to take possession of collective relief shipments intended for prisoners
of war, to proceed to their distribution or to dispose of them in the interest of the
prisoners.

Nor shall such agreements restrict the right of representatives of the Protecting Power,
the International Committee of the Red Cross or any other organization giving
assistance to prisoners of war and responsible for the forwarding of collective
shipments, to supervise their distribution to the recipients.

Article 74
All relief shipments for prisoners of war shall be exempt from import, customs and
other dues.

Correspondence, relief shipments and authorized remittances of money addressed to

prisoners of war or despatched by them through the post office, either direct or
through the Information Bureaux provided for in Article 122 and the Central Prisoners
of War Agency provided for in Article 123, shall be exempt from any postal dues,
both in the countries of origin and destination, and in intermediate countries.

If relief shipments intended for prisoners of war cannot be sent through the post office
by reason of weight or for any other cause, the cost of transportation shall be borne by
the Detaining Power in all the territories under its control. The other Powers party to
the Convention shall bear the cost of transport in their respective territories.

In the absence of special agreements between the Parties concerned, the costs
connected with transport of such shipments, other than costs covered by the above
exemption, shall be charged to the senders.

The High Contracting Parties shall endeavour to reduce, so far as possible, the rates
charged for telegrams sent by prisoners of war, or addressed to them.

Article 75

Should military operations prevent the Powers concerned from fulfilling their
obligation to assure the transport of the shipments referred to in Articles 70, 71, 72
and 77, the Protecting Powers concerned, the Inter

national Committee of the Red Cross or any other organization duly approved by the
Parties to the conflict may undertake to ensure the conveyance of such shipments by
suitable means (railway wagons, motor vehicles, vessels or aircraft, etc.). For this
purpose, the High Contracting Parties shall endeavour to supply them with such
transport and to allow its circulation, especially by granting the necessary safe-
conducts.

Such transport may also be used to convey:.

(a) Correspondence, lists and reports exchanged between the Central Information
Agency referred to in Article 123 and the National Bureaux referred to in Article 122;

(b) Correspondence and reports relating to prisoners of war which the Protecting
Powers, the International Committee of the Red Cross or any other body assisting the
prisoners, exchange either with their own delegates or with the Parties to the conflict.
These provisions in no way detract from the right of any Party to the conflict to
arrange other means of transport, if it should so prefer, nor preclude the granting of
safe-conducts, under mutually agreed conditions, to such means of transport.

In the absence of special agreements, the costs occasioned by the use of such means of
transport shall be borne proportionally by the Parties to the conflict whose nationals
are benefited thereby.

Article 76

The censoring of correspondence addressed to prisoners of war or despatched by them

shall be done as quickly as possible. Mail shall be censored only by the despatching
State and the receiving State, and once only by each.

The examination of consignments intended for prisoners of war shall not be carried
out under conditions that will expose the goods contained in them to deterioration;
except in the case of written or printed matter , it shall be done in the presence of the
addressee, or of a fellow-prisoner duly delegated by him. The delivery to prisoners of
individual or collective consignments shall not be delayed under the pretext of
difficulties of censorship.

Any prohibition of correspondence ordered by Parties to the conflict, either for

military or political reasons, shall be only temporary and its duration shall be as short
as possible.

Article 77

The Detaining Powers shall provide all facilities for the transmission, through the
Protecting Power or the Central Prisoners of War Agency provided for in Article 123,
of instruments, papers or documents intended for prisoners of war or despatched by
them, especially powers of attorney and wills.

In all cases they shall facilitate the preparation and execution of such documents on
behalf of prisoners of war; in particular, they shall allow them to consult a lawyer and
shall take what measures are necessary for the authentication of their signatures.

SECTION VI

RELATIONS BETWEEN PRISONERS OF WAR AND THE AUTHORITIES

Chapter I
COMPLAINTS OF PRISONERS OF WAR

RESPECTING THE CONDITIONS OF CAPTIVITY

Article 78

Prisoners of war shall have the right to make known to the military authorities in
whose power they are, their requests regarding the conditions of captivity to which
they are subjected.

They shall also have the unrestricted right to apply to the representatives of the
Protecting Powers either through their prisoners' representative or, if they consider it
necessary, direct, in order to draw their attention to any points on which they may
have complaints to make regarding their conditions of captivity.

These requests and complaints shall not be limited nor considered to be a part of the
correspondence quota referred to in Article 71. They must be transmitted
immediately. Even if they are recognized to be unfounded, they may not give rise to
any punishment.

Prisoners' representatives may send periodic reports on the situation in the camps and
the needs of the prisoners of war to the representatives of the Protecting Powers.

Chapter II

PRISONER OF WAR REPRESENTATIVES

Article 79

In all places where there are prisoners of war, except in those where there are officers,
the prisoners shall freely elect by secret ballot, every six months, and also in case of
vacancies, prisoners' representatives entrusted with representing them before the
military authorities, the Protecting Powers, the International Committee of the Red
Cross and any other organization which may assist them. These prisoners'
representatives shall be eligible for re-election.

In camps for officers and persons of equivalent status or in mixed camps, the senior
officer among the prisoners of war shall be recognized as the camp prisoners'
representative. In camps for officers, he shall be assisted by one or more advisers
chosen by the officers; in mixed camps, his assistants shall be chosen from among the
prisoners of war who are not officers and shall be elected by them.
Officer prisoners of war of the same nationality shall be stationed in labour camps for
prisoners of war, for the purpose of carrying out the camp administration duties for
which the prisoners of war are responsible. These officers may be elected as prisoners'
representatives under the first paragraph of this Article. In such a case the assistants to
the prisoners' representatives shall be chosen from among those prisoners of war who
are not officers.

Every representative elected must be approved by the Detaining Power before he has
the right to commence his duties. Where the Detaining Power refuses to approve a
prisoner of war elected by his fellow prisoners of war, it must inform the Protecting
Power of the reason for such refusal.

In all cases the prisoners' representative must have the same nationality, language and
customs as the prisoners of war whom he represents. Thus, prisoners of war
distributed in different sections of a camp, according to their nationality, language or
customs, shall have for each section their own prisoners' representative, in accordance
with the foregoing paragraphs.

Article 80

Prisoners' representatives shall further the physical, spiritual and intellectual well-
being of prisoners of war.

In particular, where the prisoners decide to organize amongst themselves a system of

mutual assistance, this organization will be within the

province of the prisoners' representative, in addition to the special duties entrusted to

him by other provisions of the present Convention.

Prisoners' representatives shall not be held responsible, simply by reason of their

duties, for any offences committed by prisoners of war.

Article 81

Prisoners' representatives shall not be required to perform any other work, if the
accomplishment of their duties is thereby made more difficult.

Prisoners' representatives may appoint from amongst the prisoners such assistants as
they may require. All material facilities shall be granted them, particularly a certain
freedom of movement necessary for the accomplishment of their duties (inspection of
labour detachments, receipt of supplies, etc.).
Prisoners' representatives shall be permitted to visit premises where prisoners of war
are detained, and every prisoner of war shall have the right to consult freely his
prisoners' representative.

All facilities shall likewise be accorded to the prisoners' representatives for

communication by post and telegraph with the detaining authorities, the Protecting
Powers, the International Committee of the Red Cross and their delegates, the Mixed
Medical Commissions and with the bodies which give assistance to prisoners of war.
Prisoners' representatives of labour detachments shall enjoy the same facilities for
communication with the prisoners' representatives of the principal camp. Such
communications shall not be restricted, nor considered as forming a part of the quota
mentioned in Article 7 1.

Prisoners' representatives who are transferred shall be allowed a reasonable time to

acquaint their successors with current affairs.

In case of dismissal, the reasons therefor shall be communicated to the Protecting

Power.

Chapter III

PENAL AND DISCIPLINARY SANCTIONS

I. General provisions

Article 82

A prisoner of war shall be subject to the laws, regulations and orders in force in the
armed forces of the Detaining Power; the Detaining Power shall

be justified in taking judicial or disciplinary measures in respect of any offence

committed by a prisoner of war against such laws, regulations or orders. However, no
proceedings or punishments contrary to the provisions of this Chapter shall be
allowed.

If any law, regulation or order of the Detaining Power shall declare acts committed by
a prisoner of war to be punishable, whereas the same acts would not be punishable if
committed by a member of the forces of the Detaining Power, such acts shall entail
disciplinary punishments only.

Article 83
In deciding whether proceedings in respect of an offence alleged to have been
committed by a prisoner of war shall be judicial or disciplinary, the Detaining Power
shall ensure that the competent authorities exercise the greatest leniency and adopt,
wherever possible, disciplinary rather than judicial measures.

Article 84

A prisoner of war shall be tried only by a military court, unless the existing laws of
the Detaining Power expressly permit the civil courts to try a member of the armed
forces of the Detaining Power in respect of the particular offence alleged to have been
committed by the prisoner of war.

In no circumstances whatever shall a prisoner of war be tried by a court of any kind

which does not offer the essential guarantees of independence and impartiality as
generally recognized, and, in particular, the procedure of which does not afford the
accused the rights and means of defence provided for in Article 105.

Article 85

Prisoners of war prosecuted under the laws of the Detaining Power for acts committed
prior to capture shall retain, even if convicted, the benefits of the present Convention.

Article 86

No prisoner of war may be punished more than once for the same act, or on the same
charge.

Article 87

Prisoners of war may not be sentenced by the military authorities and courts of the
Detaining Power to any penalties except those provided for in

respect of members of the armed forces of the said Power who have committed the
same acts.

When fixing the penalty, the courts or authorities of the Detaining Power shall take
into consideration, to the widest extent possible, the fact that the accused, not being a
national of the Detaining Power, is not bound to it by any duty of allegiance, and that
he is in its power as the result of circumstances independent of his own will. The said
courts or authorities shall be at liberty to reduce the penalty provided for the violation
of which the prisoner of war is accused, and shall therefore not be bound to apply the
minimum penalty prescribed.
Collective punishment for individual acts, corporal punishments, imprisonment in
premises without daylight and, in general, any form of torture or cruelty, are
forbidden.

No prisoner of war may be deprived of his rank by the Detaining Power, or prevented
from wearing his badges.

Article 88

Officers, non-commissioned officers and men who are prisoners of war undergoing a
disciplinary or judicial punishment, shall not be subjected to more severe treatment
than that applied in respect of the same punishment to members of the armed forces of
the Detaining Power of equivalent rank.

A woman prisoner of war shall not be awarded or sentenced to a punishment more

severe, or treated whilst undergoing punishment more severely, than a woman
member of the armed forces of the Detaining Power dealt with for a similar offence.

In no case may a woman prisoner of war be awarded or sentenced to a punishment

more severe, or treated whilst undergoing punishment more severely, than a male
member of the armed forces of the Detaining Power dealt with for a similar offence.

Prisoners of war who have served disciplinary or judicial sentences may not be treated
differently from other prisoners of war.

II. Disciplinary sanctions

Article 89

The disciplinary punishments applicable to prisoners of war are the following:

1. A fine which shall not exceed 50 per cent of the advances of pay and working pay
which the prisoner of war would otherwise receive under

the provisions of Articles 60 and 62 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.

4. Confinement.
The punishment referred to under (3) shall not be applied to officers.

In no case shall disciplinary punishments be inhuman, brutal or dangerous to the

health of prisoners of war.

Article 90

The duration of any single punishment shall in no case exceed thirty days. Any period
of confinement awaiting the hearing of a disciplinary offence or the award of
disciplinary punishment shall be deducted from an award pronounced against a
prisoner of war.

The maximum of thirty days provided above may not be exceeded, even if the
prisoner of war is answerable for several acts at the same time when he is awarded
punishment, whether such acts are related or not.

The period between the pronouncing of an award of disciplinary punishment and its
execution shall not exceed one month.

When a prisoner of war is awarded a further disciplinary punishment, a period of at

least three days shall elapse between the execution of any two of the punishments, if
the duration of one of these is ten days or more.

Article 91

The escape of a prisoner of war shall be deemed to have succeeded when:

1. He has joined the armed forces of the Power on which he depends, or those of an
allied Power;

2. He has left the territory under the control of the Detaining Power, or of an ally of
the said Power;

3. He has joined a ship flying the flag of the Power on which he depends, or of an
allied Power, in the territorial waters of the Detaining Power, the said ship not being
under the control of the last named Power.

Prisoners of war who have made good their escape in the sense of this Article and
who are recaptured, shall not be liable to any punishment in respect of their previous
escape.

Article 92
A prisoner of war who attempts to escape and is recaptured before having made good
his escape in the sense of Article 91 shall be liable only to a disciplinary punishment
in respect of this act, even if it is a repeated offence.

A prisoner of war who is recaptured shall be handed over without delay to the
competent military authority.

Article 88, fourth paragraph, notwithstanding, prisoners of war punished as a result

of an unsuccessful escape may be subjected to special surveillance. Such
surveillance must not affect the state of their health, must be undergone in a
prisoner of war camp, and must not entail the suppression of any of the safeguards
granted them by the present Convention.

Article 93

Escape or attempt to escape, even if it is a repeated offence, shall not be deemed an

aggravating circumstance if the prisoner of war is subjected to trial by judicial
proceedings in respect of an offence committed during his escape or attempt to
escape.

In conformity with the principle stated in Article 83, offences committed by prisoners
of war with the sole intention of facilitating their escape and which do not entail any
violence against life or limb, such as offences against public property, theft without
intention of self-enrichment, the drawing up or use of false papers, the wearing of
civilian clothing, shall occasion disciplinary punishment only.

Prisoners of war who aid or abet an escape or an attempt to escape shall be liable on
this count to disciplinary punishment only.

Article 94

If an escaped prisoner of war is recaptured, the Power on which he depends shall be

notified thereof in the manner defined in Article 122, provided notification of his
escape has been made.

Article 95

A prisoner of war accused of an offence against discipline shall not be kept in

confinement pending the hearing unless a member of the armed forces of the
Detaining Power would be so kept if he were accused of a similar offence , or if it is
essential in the interests of camp order and discipline .
Any period spent by a prisoner of war in confinement awaiting the disposal of an
offence against discipline shall be reduced to an absolute minimum and shall not
exceed fourteen days.

The provisions of Articles 97 and 98 of this Chapter shall apply to prisoners of war
who are in confinement awaiting the disposal of offences against discipline.

Article 96

Acts which constitute offences against discipline shall be investigated immediately.

Without prejudice to the competence of courts and superior military authorities,

disciplinary punishment may be ordered only by an officer having disciplinary powers
in his capacity as camp commander, or by a responsible officer who replaces him or to
whom he has delegated his disciplinary powers.

In no case may such powers be delegated to a prisoner of war or be exercised by a

prisoner of war.

Before any disciplinary award is pronounced, the accused 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 to the accused prisoner of war
and to the prisoners' representative.

A record of disciplinary punishments shall be maintained by the camp commander

and shall be open to inspection by representatives of the Protecting Power.

Article 97

Prisoners of war shall not in any case be transferred to penitentiary establishments

(prisons, penitentiaries, convict prisons, etc.) to undergo disciplinary punishment
therein.

All premises in which disciplinary punishments are undergone shall conform to the
sanitary requirements set forth in Article 25. A prisoner of war undergoing
punishment shall be enabled to keep himself in a state of cleanliness, in conformity
with Article 29.

Officers and persons of equivalent status shall not be lodged in the same quarters as
non-commissioned officers or men.
Women prisoners of war undergoing disciplinary punishment shall be confined in
separate quarters from male prisoners of war and shall be under the immediate
supervision of women.

Article 98

A prisoner of war undergoing confinement as a disciplinary punishment, shall

continue to enjoy the benefits of the provisions of this Convention except in so far as
these are necessarily rendered inapplicable by the mere fact that he is confined. In no
case may he be deprived of the benefits of the provisions of Articles 78 and 126.

A prisoner of war awarded disciplinary punishment may not be deprived of the

prerogatives attached to his rank.

Prisoners of war awarded disciplinary punishment shall be allowed to exercise and to

stay in the open air at least two hours daily.

They shall be allowed, on their request, to be present at the daily medical inspections.
They shall receive the attention which their state of health requires and, if necessary,
shall be removed to the camp infirmary or to a hospital.

They shall have permission to read and write, likewise to send and receive letters.
Parcels and remittances of money, however, may be withheld from them until the
completion of the punishment; they shall meanwhile be entrusted to the prisoners'
representative, who will hand over to the infirmary the perishable goods contained in
such parcels.

m. Judicial proceedings

Article 99

No prisoner of war may be tried or sentenced for an act which is not forbidden by the
law of the Detaining Power or by international law, in force at the time the said act
was committed.

No moral or physical coercion may be exerted on a prisoner of war in order to induce

him to admit himself guilty of the act of which he is accused.

No prisoner of war may be convicted without having had an opportunity to present his
defence and the assistance of a qualified advocate or counsel.

Article 100
Prisoners of war and the Protecting Powers shall be informed as soon as possible of
the offences which are punishable by the death sentence under the laws of the
Detaining Power.

Other offences shall not thereafter be made punishable by the death penalty without
the concurrence of the Power upon which the prisoners of war depend.

The death sentence cannot be pronounced on a prisoner of war unless the attention of
the court has, in accordance with Article 87, second paragraph, been particularly
called to the fact that since the accused is not a national of the Detaining Power, he is
not bound to it by any duty of allegiance, and that he is in its power as the result of
circumstances independent of his own will.

Article 101

If the death penalty is pronounced on a prisoner of war, the sentence shall not be
executed before the expiration of a period of at least six months from the date when
the Protecting Power receives, at an indicated address, the detailed communication
provided for in Article 107.

Article 102

A prisoner of war can be validly sentenced only if the sentence has been pronounced
by the same courts according to the same procedure as in the case of members of the
armed forces of the Detaining Power, and if, furthermore, the provisions of the present
Chapter have been observed.

Article 103

Judicial investigations relating to a prisoner of war shall be conducted as rapidly as

circumstances permit and so that his trial shall take place as soon as possible. A
prisoner of war shall not be confined while awaiting trial unless a member of the
armed forces of the Detaining Power would be so confined if he were accused of a
similar offence, or if it is essential to do so in the interests of national security. In no
circumstances shall this confinement exceed three months.

Any period spent by a prisoner of war in confinement awaiting trial shall be deducted
from any sentence of imprisonment passed upon him and taken into account in fixing
any penalty.

The provisions of Articles 97 and 98 of this Chapter shall apply to a prisoner of war
whilst in confinement awaiting trial.
Article 104

In any case in which the Detaining Power has decided to institute judicial proceedings
against a prisoner of war, it shall notify the Protecting Power as soon as possible and
at least three weeks before the opening of the trial. This period of three weeks shall
run as from the day on which such notification reaches the Protecting Power at the
address previously indicated by the latter to the Detaining Power.

The said notification shall contain the following information:

1. Surname and first names of the prisoner of war, his rank, his army, regimental,
personal or serial number, his date of birth, and his profession or trade, if any;

2. Place of internment or confinement;

3. Specification of the charge or charges on which the prisoner of war is to be

arraigned, giving the legal provisions applicable;

4 . Designation of the court which will try the case, like wise the date and place fixed
for the opening of the trial.

The same communication shall be made by the Detaining Power to the prisoners'
representative.

If no evidence is submitted, at the opening of a trial, that the notification referred to

above was received by the Protecting Power, by the prisoner of war and by the
prisoners' representative concerned, at least three weeks before the opening of the
trial, then the latter cannot take place and must be adjourned.

Article 105

The prisoner of war shall be entitled to assistance by one of his prisoner comrades, to
defence by a qualified advocate or counsel of his own choice, to the calling of
witnesses and, if he deems necessary, to the services of a competent interpreter. He
shall 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.

Article 106

Every prisoner of war shall have, in the same manner as the members of the arrned
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.

Article 107

Any judgment and sentence pronounced upon a prisoner of war shall be immediately
reported to the Protecting Power in the form of a surnrnary 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 comrnunication shall likewise be sent
to the prisoners' representative concerned. It shall also be sent to the accused 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.
Article 108

Sentences 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 arrned 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.

PART IV

TERMINATION OF CAPTIVITY

SECTION I

DIRECT REPATRIATION AND ACCOMMODATION IN NEUTRAL

COUNTRIES

Article 109

Subject to the provisions of the third paragraph of this Article, Parties to the conflict
are bound to send back to their own country, regardless of number or rank, seriously
wounded and seriously sick prisoners of war, after having cared for them until they
are fit to travel, in accordance with the first paragraph of the following Article.

Throughout the duration of hostilities, Parties to the conflict shall endeavour, with the
cooperation of the neutral Powers concerned, to make arrangements for the
accommodation in neutral countries of the sick and wounded prisoners of war referred
to in the second paragraph of the following Article. They may, in addition, conclude
agreements with a view to the direct repatriation or internment in a neutral country of
able-bodied prisoners of war who have undergone a long period of captivity.

No sick or injured prisoner of war who is eligible for repatriation under the first
paragraph of this Article, may be repatriated against his will during hostilities.

Article 110

The following shall be repatriated direct:

1. Incurably wounded and sick whose mental or physical fitness seems to have been
gravely diminished.

2. Wounded and sick who, according to medical opinion, are not likely to recover
within one year, whose condition requires treatment and whose mental or physical
fitness seems to have been gravely diminished.

3. Wounded and sick who have recovered, but whose mental or physical fitness seems
to have been gravely and pemmanently diminished.

The following may be accommodated in a neutral country:

1. Wounded and sick whose recovery may be expected within one year of the date of
the wound or the beginning of the illness, if treatment in a neutral country might
increase the prospects of a more certain and speedy recovery.

2. Prisoners of war whose mental or physical health, according to medical opinion, is

seriously threatened by continued captivity, but whose accommodation in a neutral
country might remove such a threat.

The conditions which prisoners of war accommodated in a neutral country must fulfil
in order to permit their repatriation shall be fixed, as shall likewise their status, by
agreement between the Powers concemed. In general, prisoners of war who have been
accommodated in a neutral country, and who belong to the following categories,
should be repatriated:
1. Those whose state of health has deteriorated so as to fulfil the conditions laid down
for direct repatriation;

2. Those whose mental or physical powers remain, even after treatment, considerably
impaired.

If no special agreements are concluded between the Parties to the conflict concemed,
to detemmine the cases of disablement or sickness entailing direct repatriation or
accommodation in a neutral country, such cases shall be settled in accordance with the
principles laid down in the Model Agreement conceming direct repatriation and
accommodation in neutral countries of wounded and sick prisoners of war and in the
Regulations conceming Mixed Medical Commissions annexed to the present
Convention. Article 111

The Detaining Power, the Power on which the prisoners of war depend, and a neutral
Power agreed upon by these two Powers, shall endeavour to conclude agreements
which will enable prisoners of war to be interned in the territory of the said neutral
Power until the close of hostilities.

Article 112

Upon the outbreak of hostilities, Mixed Medical Commissions shall be appointed to

examine sick and wounded prisoners of war, and to make all appropriate decisions
regarding them. The appointment, duties and functioning of these Commissions shall
be in conformity with the provisions of the Regulations annexed to the present
Convention.

However, prisoners of war who, in the opinion of the medical authorities of the
Detaining Power, are manifestly seriously injured or seriously sick, may be repatriated
without having to be examined by a Mixed Medical Commission.

Article 113

Besides those who are designated by the medical authorities of the Detaining Power,
wounded or sick prisoners of war belonging to the categories listed below shall be
entitled to present themselves for examination by the Mixed Medical Commissions
provided for in the foregoing Article:

1. Wounded and sick proposed by a physician or surgeon who is of the same

nationality, or a national of a Party to the conflict allied with the Power on which the
said prisoners depend, and who exercises his functions in the camp.
2. Wounded and sick proposed by their prisoners' representative.

3. Wounded and sick proposed by the Power on which they depend, or by an

organization du ly recognized by the said Power and giv ing as s i stance to the
prisoners.

Prisoners of war who do not belong to one of the three foregoing categories may
nevertheless present themselves for examination by Mixed Medical Commissions, but
shall be examined only after those belonging to the said categories.

The physician or surgeon of the same nationality as the prisoners who present
themselves for examination by the Mixed Medical Commission, likewise the
prisoners' representative of the said prisoners, shall have permission to be present at
the examination.

Article 114

Prisoners of war who meet with accidents shall, unless the injury is self-inflicted, have
the benefit of the provisions of this Convention as regards repatriation or
accommodation in a neutral country.

Articie 115

No prisoner of war on whom a disciplinary punishment has been imposed and who is
eligible for repatriati on or for accommodation in a ne utral country, may be kept back
on the plea that he has not undergone his punishment.

Prisoners of war detained in c on necti on with a j udicial prosec uti on or conviction

and who are designated for repatriation or accommodation in a neutral country, may
benefit by such measures before the end of the proceedings or the completion of the
punishment, if the Detaining Power consents.

Parties to the conflict shall communicated to each other the names of those who will
be detained until the end of the proceedings or the completion of the punishment.

Article 116

The costs of repatriating prisoners of war or of transporting them to a neutral country

shall be borne, from the frontiers of the Detaining Power, by the Power on which the
said prisoners depend.

Articie 117
No repatriated person may be employed on active military service.

SECTION 11

RELEAS E AND REPATRIATION OF PR I S ONER S OF W AR

AT THE CLOSE OF HOSTILITIES

Article 118

Prisoners of war shall be released and repatriated without delay after the cessation of
active hostilities.

In the absence of stipulations to the above effect in any agreement concluded between
the Parties to the conflict with a view to the cessation of hostilities, or failing any such
agreement, each of the Detaining Powers shall itself establish and execute without
delay a plan of repatriation in conformity with the principle laid down in the foregoing
paragraph.

In either case, the measures adopted shall be brought to the knowledge of the
prisoners of war.

The costs of repatriation of prisoners of war shall in all cases be equitably apportioned
between the Detaining Power and the Power on which the prisoners depend. This
apportionment shall be carried out on the following basis:

(a) If the two Powers are contigu ou s , the Power on wh ich the prisoners of war
depend shall bear the costs of repatriation from the frontiers of the Detaining Power.

(b) If the two Powers are not contiguous, the Detaining Power shall bear the costs of
transport of prisoners of war over its own territory as far as its frontier or its port of
embarkation nearest to the territory of the Power on which the prisoners of war
depend. The Parties concerned shall agree between themselves as to the equitable
apportionment of the remaining costs of the repatriation. The conclusion of this
agreement shall in no circumstances justify any delay in the repatriation of the
prisoners of war.

Article 119

Repatriation shall be effected in conditions similar to those laid down in Articles 46 to

48 inclusive of the present Convention for the transfer of prisoners of war, having
regard to the provisions of Article 118 and to those of the following paragraphs.
On repatriation, any articles of value impounded from prisoners of war under Article
18, and any foreign currency which has not been converted into the currency of the
Detaining Power, shall be restored to them. Articles of value and foreign currency
which, for any reason whatever, are not restored to prisoners of war on repatriation,
shall be despatched to the Information Bureau set up under Article 122.

Prisoners of war shall be allowed to take with them their personal effects, and any
correspondence and parcels which have arrived for them. The weight of such baggage
may be limited, if the conditions of repatriation so require, to what each prisoner can
reasonably carry. Each prisoner shall in all cases be authorized to carry at least
twenty-five kilograms.

The other personal effects of the repatriated prisoner shall be left in the charge of the
Detaining Power which shall have them forwarded to him as soon as it has concluded
an agreement to this effect, regulating the conditions of transport and the payment of
the costs involved, with the Power on which the prisoner depends.

Prisoners of war against whom criminal proceedings for an indictable offence are
pending may be detained until the end of such proceedings, and, if necessary, until the
completion of the punishment. The same shall apply to, prisoners of war already
convicted for an indictable offence.

Parties to the conflict shall communicate to each other the names of any prisoners of
war who are detained until the end of the proceedings or until punishment has been
completed.

By agreement between the Parties to the conflict, commissions shall be established for
the purpose of searching for dispersed prisoners of war and

of assuring their repatriation with the least possible delay.

SECTION 111

DEATH OF PRISONERS OF WAR

Article 120

Wills of prisoners of war shall be drawn up so as to satisfy the conditions of validity

required by the legislation of their country of origin, which will take steps to inform
the Detaining Power of its requirements in this respect. At the request of the prisoner
of war and, in all cases, after death, the will shall be transmitted without delay to the
Protecting Power; a certified copy shall be sent to the Central Agency.
Death certificates in the form annexed to the present Convention, or lists certified by a
responsible officer, of all persons who die as prisoners of war shall be forwarded as
rapidly as possible to the Prisoner of War Information Bureau established in
accordance with Article 122. The death certificates or certified lists shall show
particulars of identity as set out in the third paragraph of Article 17, and also the date
and place of death, the cause of death, the date and place of burial and all particulars
necessary to identify the graves.

The burial or cremation of a prisoner of war shall be preceded by a medical

examination of the body with a view to confirming death and enabling a report to be
made and, where necessary, establishing identity.

The detaining authorities shall ensure that prisoners of war who have died in captivity
are honourably buried, if possible according to the rites of the religion to which they
belonged, and that their graves are respected, suitably maintained and marked so as to
be found at any time. Wherever possible, deceased prisoners of war who depended on
the same Power shall be interred in the same place.

Deceased prisoners of war shall be buried in individual graves unless unavoidable

circumstances require the use of collective graves. Bodies may be cremated only for
imperative reasons of hygiene, on account of the religion of the deceased or in
accordance with his express wish to this effect. In

case of cremation, the fact shall be stated and the reasons given in the death certificate
of the deceased.

In order that graves may always be found, all particulars of burials and graves shall be
recorded with a Graves Registration Service established by the Detaining Power. Lists
of graves and particulars of the prisoners of war interred in cemeteries and elsewhere
shall be transmitted to the Power on which such prisoners of war depended.
Responsibility for the care of these graves and for records of any subsequent moves of
the bodies shall rest on the Power controlling the territory, if a Party to the present
Convention. These provisions shall also apply to the ashes, which shall be kept by the
Graves Registration Service until proper disposal thereof in accordance with the
wishes of the home country.

Article 121

Every death or serious injury of a prisoner of war caused or suspected to have been
caused by a sentry, another prisoner of war, or any other person, as well as any death
the cause of which is unknown, shall be immediately followed by an official enquiry
by the Detaining Power.
A communication on this subject shall be sent immediately to the Protecting Power.
Statements shall be taken from witnesses, especially from those who are prisoners of
war, and a report including such statements shall be forwarded to the Protecting
Power.

If the enquiry indicates the guilt of one or more persons, the Detaining Power shall
take all measures for the prosecution of the person or persons responsible.

PART V

INFORMATION BUREAUX AND RELIEF SOCIETIES

FOR PRISONERS OF WAR

Article 122

Upon the outbreak of a conflict and in all cases of occupation, each of the Parties to
the conflict shall institute an official Information Bureau for prisoners of war who are
in its power. Neutral or non-belligerent Powers who may have received within their
territory persons belonging to one of the categories referred to in Article 4, shall take
the same action with respect to such persons. The Power concerned shall ensure that
the Prisoners of War Information Bureau is provided with the necessary
accommodation, equipment and staff to ensure its efficient working. It shall be at
liberty to employ prisoners of war in such a Bureau under the conditions laid down in
the Section of the present Convention dealing with work by prisoners of war.

Within the shortest possible period, each of the Parties to the conflict shall give its
Bureau the information referred to in the fourth, fifth and sixth paragraphs of this
Article regarding any enemy person belonging to one of the categories referred to in
Article 4, who has fallen into its power. Neutral or non-belligerent Powers shall take
the same action with regard to persons belonging to such categories whom they have
received within their territory.

The Bureau shall immediately forward such information by the most rapid means to
the Powers concemed, through the intermediary of the Protecting Powers and likewise
of the Central Agency provided for in Article 123.

This information shall make it possible quickly to advise the next of kin concerned.
Subject to the provisions of Article 17, the information shall include, in so far as
available to the Information Bureau, in respect of each prisoner of war, his surname,
first names, rank, army, regimental, personal or serial number, place and full date of
birth, indication of the Power on which he depends, first name of the father and
maiden name of the mother, name and address of the person to be informed and the
address to which correspondence for the prisoner may be sent.

The Information Bureau shall receive from the various departments concerned
inforrnation regarding transfers, releases, repatriations, escapes, admissions to
hospital, and deaths, and shall transmit such information in the manner described in
the third paragraph above.

Likewise, information regarding the state of health of prisoners of war who are
seriously ill or seriously wounded shall be supplied regularly, every week if possible.

The Information Bureau shall also be responsible for replying to all enquiries sent to it
concerning prisoners of war, including those who have died in captivity; it will make
any enquiries necessary to obtain the information which is asked for if this is not in its
possession.

All written communications made by the Bureau shall be authenticated by a signature

or a seal.

The Information Bureau shall furthermore be charged with collecting all personal
valuables, including sums in currencies other than that of the Detaining Power and
documents of importance to the next of kin, left by prisoners of war who have been
repatriated or released, or who have escaped or died, and shall forward the said
valuables to the Powers concerned. Such articles shall be sent by the Bureau in sealed
packets which shall be accompanied by statements giving clear and full particulars of
the identity of the person to whom the articles of the parcel. Other personal effects of
such prisoners of war shall be transmitted under arrangements agreed upon between
the Parties to the conflict concerned.

Article 123

A Central Prisoners of War Information Agency shall be created in a neutral country.

The International Committee of the Red Cross shall, if it deems necessary, propose to
the Powers concerned the organization of such an Agency.

The function of the Agency shall be to collect all the information it may obtain
through official or private channels respecting prisoners of war, and to transmit it as
rapidly as possible to the country of origin of the prisoners of war or to the Power on
which they depend. It shall receive from the Parties to the conflict all facilities for
effecting such transmissions.
The High Contracting Parties, and in particular those whose nationals benefit by the
services of the Central Agency, are requested to give the said Agency the financial aid
it may require.

The foregoing provisions shall in no way be interpreted as restricting the humanitarian

activities of the International Committee of the Red Cross, or of the relief Societies
provided for in Article 125.

Article 124

The national Information Bureaux and the Central Information Agency shall enjoy
free postage for mail, likewise all the exemptions provided for in Article 74, and
further, so far as possible, exemption from telegraphic charges or, at least, greatly
reduced rates.

Article 125

Subject to the measures which the Detaining Powers may consider essential to ensure
their security or to meet any other reasonable need, the representatives of religious
organizations, relief societies, or any other organization assisting prisoners of war,
shall receive from the said Powers, for themselves and their duly accredited agents, all
necessary facilities for visiting the prisoners, distributing relief supplies and material,
from any source, intended for religious, educational or recreative purposes, and for
assisting them in organizing their leisure time within the camps. Such societies or
organizations may be constituted in the territory of the Detaining Power or in any
other country, or they may have an international character.

The Detaining Power may limit the number of societies and organizations whose
delegates are allowed to carry out their activities in its territory and under its
supervision, on condition, however, that such limitation shall not hinder the effective
operation of adequate relief to all prisoners of war.

The special position of the International Committee of the Red Cross in this field shall
be recognized and respected at all times.

As soon as relief supplies or material intended for the above mentioned purposes are
handed over to prisoners of war, or very shortly afterwards, receipts for each
consignment, signed by the prisoners' representative, shall be forwarded to the relief
society or organization making the shipment. At the same time, receipts for these
consignments shall be supplied by the administrative authorities responsible for
guarding the prisoners.
PART VI

EXECUTION OF THE CONVENTION

SECTION I

GENERAL PROVISIONS

Article 126

Representatives or delegates of the Protecting Powers shall have permission to go to

all places where prisoners of war may be, particularly to places of internment,
imprisonment and labour, and shall have access to all premises occupied by prisoners
of war; they shall also be allowed to go to the places of departure, passage and arrival
of prisoners who are being transferred. They shall be able to interview the prisoners,
and in particular the prisoners' representatives, without witnesses, either personally or
through an interpreter.

Representatives and delegates of the Protecting Powers shall have full liberty to select
the places they wish to visit. The duration and frequency of these visits shall not be
restricted. Visits may not be prohibited except for reasons of imperative military
necessity, and then only as an exceptional and temporary measure.

The Detaining Power and the Power on which the said prisoners of war depend may
agree, if necessary, that compatriots of these prisoners of war be permitted to
participate in the visits.

The delegates of the International Committee of the Red Cross shall enjoy the same
prerogatives. The appointment of such delegates shall be submitted to the approval of
the Power detaining the prisoners of war to be visited.

Article 127

The High Contracting Parties undertake, in time of peace as in time of war, to

disseminate the text of the present Convention as widely as possible in their respective
countries, and, in particular, to include the study thereof in their programmes of
military and, if possible, civil instruction, so that the principles thereof may become
known to all their armed forces and to the entire population.

Any military or other authorities, who in time of war assume responsibilities in

respect of prisoners of war, must possess the text of the Convention and be specially
instructed as to its provisions.
Article 128

The High Contracting Parties shall communicate to one another through the Swiss
Federal Council and, during hostilities, through the Protecting Powers, the official
translations of the present Convention, as well as the laws and regulations which they
may adopt to ensure the application thereof.

Article 129

The High Contracting Parties undertake to enact any legislation necessary to provide
effective penal sanctions for persons committing, or ordering to be committed, any of
the grave breaches of the present Convention defined in the following Article.

Each High Contracting Party shall be under the obligation to search for persons
alleged to have committed, or to have ordered to be committed, such grave breaches,
and shall bring such persons, regardless of their nationality, before its own courts. It
may also, if it prefers, and in accordance with the provisions of its own legislation,
hand such persons over for trial to another High Contracting Party concerned,
provided such High Contracting Party has made out a prima facie case.

Each High Contracting Party shall take measures necessary for the suppression of all
acts contrary to the provisions of the present Convention other than the grave breaches
defined in the following Article.

In all circumstances, the accused persons shall benefit by safeguards of proper trial
and defence, which shall not be less favourable than those provided by Article 105
and those following of the present Convention.

Article 130

Grave breaches to which the preceding Article relates shall be those involving any of
the following acts, if committed against persons or property protected by the
Convention: wilful killing, torture or inhuman treatment, including biological
experiments, wilfully causing great suffering or serious injury to body or health,
compelling a prisoner of war to serve in the forces of the hostile Power, or wilfully
depriving a prisoner of war of the rights of fair and regular trial prescribed in this
Convention.

Article 131
No High Contracting Party shall be allowed to absolve itself or any other High
Contracting Party of any liability incurred by itself or by another High Contracting
Party in respect of breaches referred to in the preceding Article.

Article 132

At the request of a Party to the conflict, an enquiry shall be instituted, in a manner to

be decided between the interested Parties, concerning any alleged violation of the
Convention.

If agreement has not been reached concerning the procedure for the enquiry, the
Parties should agree on the choice of an umpire who will decide upon the procedure to
be followed.

Once the violation has been established, the Parties to the conflict shall put an end to
it and shall repress it with the least possible delay.

SECTION 11

FINAL PROVISIONS

Article 133

The present Convention is established in English and in French. Both texts are equally
authentic. The Swiss Federal Council shall arrange for official translations of the
Convention to be made in the Russian and Spanish languages.

Article 134

The present Convention replaces the Convention of 27 July 1929, in relations between
the High Contracting Parties.

Article 135

In the relations between the Powers which are bound by The Hague Convention
respecting the Laws and Customs of War on Land, whether that of July 29, 1899, or
that of October 18, 1907, and which are parties to the present Convention, this last
Convention shall be complementary to Chapter II of the Regulations annexed to the
above-mentioned Conventions of The Hague.

Article 136
The present Convention, which bears the date of this day, is open to signature until
February 12, 1950, in the name of the Powers represented at the Conference which
opened at Geneva on April 21, 1949; furthermore, by Powers not represented at that
Conference, but which are parties to the Convention of July 27, 1929.

Article 137 The present Convention shall be ratified as soon as possible and the
ratifications shall be deposited at Berne.

A record shall be drawn up of the deposit of each instrument of ratification and

certified copies of this record shall be transmitted by the Swiss Federal Council to all
the Powers in whose name the Convention has been signed, or whose accession has
been notified.

Article 138

The present Convention shall come into force six months after not less than two
instruments of ratification have been deposited.

Thereafter, it shall come into force for each High Contracting Party six months after
the deposit of the instrument of ratification.

Article 139

From the date of its coming into force, it shall be open to any Power in whose name
the present Convention has not been signed, to accede to this Convention.

Article 140

Accessions shall be notified in writing to the Swiss Federal Council, and shall take
effect six months after the date on which they are received.

The Swiss Federal Council shall communicate the accessions to all the Powers in
whose name the Convention has been signed, or whose accession has been notified.

Article 141

The situations provided for in Articles 2 and 3 shall give immediate effect to
ratifications deposited and accessions notified by the Parties to the conflict before or
after the beginning of hostilities or occupation. The Swiss Federal Council shall
communicate by the quickest method any ratifications or accessions received from
Parties to the conflict.

Article 142
Each of the High Contracting Parties shall be at liberty to denounce the present
Convention.

The denunciation shall be notified in writing to the Swiss Federal Council, which shall
transmit it to the Governments of all the High Contracting Parties.

The denunciation shall take effect one year after the notification thereof has been
made to the Swiss Federal Council. However, a denunciation of which notification has
been made at a time when the denouncing Power is involved in a conflict shall not
take effect until peace has been concluded, and until after operations connected with
the release and repatriation of the persons protected by the present Convention have
been terminated.

The denunciation shall have effect only in respect of the denouncing Power. It shall in
no way impair the obligations which the Parties to the conflict shall remain bound to
fulfil by virtue of the principles of the law of nations, as they result from the usages
established among civilized peoples, from the laws of humanity and the dictates of the
public conscience.

Article 143

The Swiss Federal Council shall register the present Convention with the Secretariat
of the United Nations. The Swiss Federal Council shall also inform the Secretariat of
the United Nations of all ratifications, accessions and denunciations received by it
with respect to the present Convention.

IN WITNESS WHEREOF the undersigned, having deposited their respective full

powers, have signed the present Convention.

DONE at Geneva this twelfth day of August 1949, in the English and French
languages. The original shall be deposited in the Archives of the Swiss Confederation.
The Swiss Federal Council shall transmit certified copies thereof to each of the
signatory and acceding States.

http://www1.umn.edu/humanrts/instree/y3gctpw.htm

Convention against Torture and Other Cruel, Inhuman or Degrading

Treatment or Punishment
 Adopted and opened for signature, ratification and accession by General Assembly
resolution 39/46 of 10 December 1984
entry into force 26 June 1987, in accordance with article 27 (1)

The States Parties to this Convention,

Considering that, in accordance with the principles proclaimed in the Charter of the United Nations,
recognition of the equal and inalienable rights of all members of the human family is the foundation of
freedom, justice and peace in the world,

Recognizing that those rights derive from the inherent dignity of the human person,

Considering the obligation of States under the Charter, in particular Article 55, to promote universal respect
for, and observance of, human rights and fundamental freedoms,

Having regard to article 5 of the Universal Declaration of Human Rights and article 7 of the International
Covenant on Civil and Political Rights, both of which provide that no one shall be subjected to torture or to
cruel, inhuman or degrading treatment or punishment,

Having regard also to the Declaration on the Protection of All Persons from Being Subjected to Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by the General Assembly on 9
December 1975,

Desiring to make more effective the struggle against torture and other cruel, inhuman or degrading
treatment or punishment throughout the world,

Have agreed as follows:

PART I

Article 1

1. For the purposes of this Convention, the term "torture" means any act by which severe pain or suffering,
whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or
a third person information or a confession, punishing him for an act he or a third person has committed or is
suspected of having committed, or intimidating or coercing him or a third person, or for any reason based
on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the
consent or acquiescence of a public official or other person acting in an official capacity. It does not include
pain or suffering arising only from, inherent in or incidental to lawful sanctions.

2. This article is without prejudice to any international instrument or national legislation which does or may
contain provisions of wider application.

Article 2

1. Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts
of torture in any territory under its jurisdiction.

2. No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political
instability or any other public emergency, may be invoked as a justification of torture.

3. An order from a superior officer or a public authority may not be invoked as a justification of torture.

Article 3
1. No State Party shall expel, return ("refouler") or extradite a person to another State where there are
substantial grounds for believing that he would be in danger of being subjected to torture.

2. For the purpose of determining whether there are such grounds, the competent authorities shall take into
account all relevant considerations including, where applicable, the existence in the State concerned of a
consistent pattern of gross, flagrant or mass violations of human rights.

Article 4

1. Each State Party shall ensure that all acts of torture are offences under its criminal law. The same shall
apply to an attempt to commit torture and to an act by any person which constitutes complicity or
participation in torture. 2. Each State Party shall make these offences punishable by appropriate penalties
which take into account their grave nature.

Article 5

1. Each State Party shall take such measures as may be necessary to establish its jurisdiction over the
offences referred to in article 4 in the following cases:

(a) When the offences are committed in any territory under its jurisdiction or on board a ship or aircraft
registered in that State;

(b) When the alleged offender is a national of that State;

(c) When the victim is a national of that State if that State considers it appropriate.

2. Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over
such offences in cases where the alleged offender is present in any territory under its jurisdiction and it does
not extradite him pursuant to article 8 to any of the States mentioned in paragraph I of this article.

3. This Convention does not exclude any criminal jurisdiction exercised in accordance with internal law.

Article 6

1. Upon being satisfied, after an examination of information available to it, that the circumstances so
warrant, any State Party in whose territory a person alleged to have committed any offence referred to in
article 4 is present shall take him into custody or take other legal measures to ensure his presence. The
custody and other legal measures shall be as provided in the law of that State but may be continued only for
such time as is necessary to enable any criminal or extradition proceedings to be instituted.

2. Such State shall immediately make a preliminary inquiry into the facts.

3. Any person in custody pursuant to paragraph I of this article shall be assisted in communicating
immediately with the nearest appropriate representative of the State of which he is a national, or, if he is a
stateless person, with the representative of the State where he usually resides.

4. When a State, pursuant to this article, has taken a person into custody, it shall immediately notify the
States referred to in article 5, paragraph 1, of the fact that such person is in custody and of the
circumstances which warrant his detention. The State which makes the preliminary inquiry contemplated in
paragraph 2 of this article shall promptly report its findings to the said States and shall indicate whether it
intends to exercise jurisdiction.

Article 7
1. The State Party in the territory under whose jurisdiction a person alleged to have committed any offence
referred to in article 4 is found shall in the cases contemplated in article 5, if it does not extradite him,
submit the case to its competent authorities for the purpose of prosecution.

2. These authorities shall take their decision in the same manner as in the case of any ordinary offence of a
serious nature under the law of that State. In the cases referred to in article 5, paragraph 2, the standards
of evidence required for prosecution and conviction shall in no way be less stringent than those which apply
in the cases referred to in article 5, paragraph 1.

3. Any person regarding whom proceedings are brought in connection with any of the offences referred to in
article 4 shall be guaranteed fair treatment at all stages of the proceedings.

Article 8

1. The offences referred to in article 4 shall be deemed to be included as extraditable offences in any
extradition treaty existing between States Parties. States Parties undertake to include such offences as
extraditable offences in every extradition treaty to be concluded between them.

2. If a State Party which makes extradition conditional on the existence of a treaty receives a request for
extradition from another State Party with which it has no extradition treaty, it may consider this Convention
as the legal basis for extradition in respect of such offences. Extradition shall be subject to the other
conditions provided by the law of the requested State.

3. States Parties which do not make extradition conditional on the existence of a treaty shall recognize such
offences as extraditable offences between themselves subject to the conditions provided by the law of the
requested State.

4. Such offences shall be treated, for the purpose of extradition between States Parties, as if they had been
committed not only in the place in which they occurred but also in the territories of the States required to
establish their jurisdiction in accordance with article 5, paragraph 1.

Article 9

1. States Parties shall afford one another the greatest measure of assistance in connection with criminal
proceedings brought in respect of any of the offences referred to in article 4, including the supply of all
evidence at their disposal necessary for the proceedings.

2. States Parties shall carry out their obligations under paragraph I of this article in conformity with any
treaties on mutual judicial assistance that may exist between them.

Article 10

1. Each State Party shall ensure that education and information regarding the prohibition against torture are
fully included in the training of law enforcement personnel, civil or military, medical personnel, public
officials and other persons who may be involved in the custody, interrogation or treatment of any individual
subjected to any form of arrest, detention or imprisonment.

2. Each State Party shall include this prohibition in the rules or instructions issued in regard to the duties
and functions of any such person.

Article 11

Each State Party shall keep under systematic review interrogation rules, instructions, methods and practices
as well as arrangements for the custody and treatment of persons subjected to any form of arrest, detention
or imprisonment in any territory under its jurisdiction, with a view to preventing any cases of torture.
Article 12

Each State Party shall ensure that its competent authorities proceed to a prompt and impartial investigation,
wherever there is reasonable ground to believe that an act of torture has been committed in any territory
under its jurisdiction.

Article 13

Each State Party shall ensure that any individual who alleges he has been subjected to torture in any
territory under its jurisdiction has the right to complain to, and to have his case promptly and impartially
examined by, its competent authorities. Steps shall be taken to ensure that the complainant and witnesses
are protected against all ill-treatment or intimidation as a consequence of his complaint or any evidence
given.

Article 14

1. Each State Party shall ensure in its legal system that the victim of an act of torture obtains redress and
has an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as
possible. In the event of the death of the victim as a result of an act of torture, his dependants shall be
entitled to compensation.

2. Nothing in this article shall affect any right of the victim or other persons to compensation which may
exist under national law.

Article 15

Each State Party shall ensure that any statement which is established to have been made as a result of
torture shall not be invoked as evidence in any proceedings, except against a person accused of torture as
evidence that the statement was made.

Article 16

1. Each State Party shall undertake to prevent in any territory under its jurisdiction other acts of cruel,
inhuman or degrading treatment or punishment which do not amount to torture as defined in article I, when
such acts are committed by or at the instigation of or with the consent or acquiescence of a public official or
other person acting in an official capacity. In particular, the obligations contained in articles 10, 11, 12 and
13 shall apply with the substitution for references to torture of references to other forms of cruel, inhuman
or degrading treatment or punishment.

2. The provisions of this Convention are without prejudice to the provisions of any other international
instrument or national law which prohibits cruel, inhuman or degrading treatment or punishment or which
relates to extradition or expulsion.

PART II

Article 17

1. There shall be established a Committee against Torture (hereinafter referred to as the Committee) which
shall carry out the functions hereinafter provided. The Committee shall consist of ten experts of high moral
standing and recognized competence in the field of human rights, who shall serve in their personal capacity.
The experts shall be elected by the States Parties, consideration being given to equitable geographical
distribution and to the usefulness of the participation of some persons having legal experience.

2. The members of the Committee shall be elected by secret ballot from a list of persons nominated by
States Parties. Each State Party may nominate one person from among its own nationals. States Parties
shall bear in mind the usefulness of nominating persons who are also members of the Human Rights
Committee established under the International Covenant on Civil and Political Rights and who are willing to
serve on the Committee against Torture.

3. Elections of the members of the Committee shall be held at biennial meetings of States Parties convened
by the Secretary-General of the United Nations. At those meetings, for which two thirds of the States Parties
shall constitute a quorum, the persons elected to the Committee shall be those who obtain the largest
number of votes and an absolute majority of the votes of the representatives of States Parties present and
voting.

4. The initial election shall be held no later than six months after the date of the entry into force of this
Convention. At. Ieast four months before the date of each election, the Secretary-General of the United
Nations shall address a letter to the States Parties inviting them to submit their nominations within three
months. The Secretary-General shall prepare a list in alphabetical order of all persons thus nominated,
indicating the States Parties which have nominated them, and shall submit it to the States Parties.

5. The members of the Committee shall be elected for a term of four years. They shall be eligible for re-
election if renominated. However, the term of five of the members elected at the first election shall expire at
the end of two years; immediately after the first election the names of these five members shall be chosen
by lot by the chairman of the meeting referred to in paragraph 3 of this article.

6. If a member of the Committee dies or resigns or for any other cause can no longer perform his
Committee duties, the State Party which nominated him shall appoint another expert from among its
nationals to serve for the remainder of his term, subject to the approval of the majority of the States
Parties. The approval shall be considered given unless half or more of the States Parties respond negatively
within six weeks after having been informed by the Secretary-General of the United Nations of the proposed
appointment.

7. States Parties shall be responsible for the expenses of the members of the Committee while they are in
performance of Committee duties.

Article 18

1. The Committee shall elect its officers for a term of two years. They may be re-elected.

2. The Committee shall establish its own rules of procedure, but these rules shall provide, inter alia, that:

(a) Six members shall constitute a quorum;

(b) Decisions of the Committee shall be made by a majority vote of the members present.

3. The Secretary-General of the United Nations shall provide the necessary staff and facilities for the
effective performance of the functions of the Committee under this Convention.

4. The Secretary-General of the United Nations shall convene the initial meeting of the Committee. After its
initial meeting, the Committee shall meet at such times as shall be provided in its rules of procedure.

5. The States Parties shall be responsible for expenses incurred in connection with the holding of meetings
of the States Parties and of the Committee, including reimbursement to the United Nations for any
expenses, such as the cost of staff and facilities, incurred by the United Nations pursuant to paragraph 3 of
this article.

Article 19

1. The States Parties shall submit to the Committee, through the Secretary-General of the United Nations,
reports on the measures they have taken to give effect to their undertakings under this Convention, within
one year after the entry into force of the Convention for the State Party concerned. Thereafter the States
Parties shall submit supplementary reports every four years on any new measures taken and such other
reports as the Committee may request.

2. The Secretary-General of the United Nations shall transmit the reports to all States Parties.

3. Each report shall be considered by the Committee which may make such general comments on the report
as it may consider appropriate and shall forward these to the State Party concerned. That State Party may
respond with any observations it chooses to the Committee.

4. The Committee may, at its discretion, decide to include any comments made by it in accordance with
paragraph 3 of this article, together with the observations thereon received from the State Party concerned,
in its annual report made in accordance with article 24. If so requested by the State Party concerned, the
Committee may also include a copy of the report submitted under paragraph I of this article.

Article 20

1. If the Committee receives reliable information which appears to it to contain well-founded indications that
torture is being systematically practised in the territory of a State Party, the Committee shall invite that
State Party to co-operate in the examination of the information and to this end to submit observations with
regard to the information concerned.

2. Taking into account any observations which may have been submitted by the State Party concerned, as
well as any other relevant information available to it, the Committee may, if it decides that this is
warranted, designate one or more of its members to make a confidential inquiry and to report to the
Committee urgently.

3. If an inquiry is made in accordance with paragraph 2 of this article, the Committee shall seek the co-
operation of the State Party concerned. In agreement with that State Party, such an inquiry may include a
visit to its territory.

4. After examining the findings of its member or members submitted in accordance with paragraph 2 of this
article, the Commission shall transmit these findings to the State Party concerned together with any
comments or suggestions which seem appropriate in view of the situation.

5. All the proceedings of the Committee referred to in paragraphs I to 4 of th is article s hall be con fidential
, and at all stages of the proceedings the co-operation of the State Party shall be sought. After such
proceedings have been completed with regard to an inquiry made in accordance with paragraph 2, the
Committee may, after consultations with the State Party concerned, decide to include a summary account of
the results of the proceedings in its annual report made in accordance with article 24.

Article 21

1. A State Party to this Convention may at any time declare under this article that it recognizes the
competence of the Committee to receive and consider communications to the effect that a State Party
claims that another State Party is not fulfilling its obligations under this Convention. Such communications
may be received and considered according to the procedures laid down in this article only if submitted by a
State Party which has made a declaration recognizing in regard to itself the competence of the Committee.
No communication shall be dealt with by the Committee under this article if it concerns a State Party which
has not made such a declaration. Communications received under this article shall be dealt with in
accordance with the following procedure;

(a) If a State Party considers that another State Party is not giving effect to the provisions ofthis
Convention, it may, by written communication, bring the matter to the attention of that State Party. Within
three months after the receipt of the communication the receiving State shall afford the State which sent the
communication an explanation or any other statement in writing clarifying the matter, which should include,
to the extent possible and pertinent, reference to domestic procedures and remedies taken, pending or
available in the matter;
(b) If the matter is not adjusted to the satisfaction of both States Parties concerned within six months after
the receipt by the receiving State of the initial communication, either State shall have the right to refer the
matter to the Committee, by notice given to the Committee and to the other State;

(c) The Committee shall deal with a matter referred to it under this article only after it has ascertained that
all domestic remedies have been invoked and exhausted in the matter, in conformity with the generally
recognized principles of international law. This shall not be the rule where the application of the remedies is
unreasonably prolonged or is unlikely to bring effective relief to the person who is the victim of the violation
of this Convention;

(d) The Committee shall hold closed meetings when examining communications under this article; (e)
Subject to the provisions of subparagraph

(e), the Committee shall make available its good offices to the States Parties concerned with a view to a
friendly solution of the matter on the basis of respect for the obligations provided for in this Convention. For
this purpose, the Committee may, when appropriate, set up an ad hoc conciliation commission;

(f) In any matter referred to it under this article, the Committee may call upon the States Parties concerned,
referred to in subparagraph (b), to supply any relevant information;

(g) The States Parties concerned, referred to in subparagraph (b), shall have the right to be represented
when the matter is being considered by the Committee and to make submissions orally and/or in writing;

(h) The Committee shall, within twelve months after the date of receipt of notice under subparagraph (b),
submit a report:

(i) If a solution within the terms of subparagraph (e) is reached, the Committee shall confine its report to a
brief statement of the facts and of the solution reached;

(ii) If a solution within the terms of subparagraph (e) is not reached, the Committee shall confine its report
to a brief statement of the facts; the written submissions and record of the oral submissions made by the
States Parties concerned shall be attached to the report.

In every matter, the report shall be communicated to the States Parties concerned.

2. The provisions of this article shall come into force when five States Parties to this Convention have made
declarations under paragraph 1 of this article. Such declarations shall be deposited by the States Parties
with the Secretary-General of the United Nations, who shall transmit copies thereof to the other States
Parties. A declaration may be withdrawn at any time by notification to the Secretary-General. Such a
withdrawal shall not prejudice the consideration of any matter which is the subject of a communication
already transmitted under this article; no further communication by any State Party shall be received under
this article after the notification of withdrawal of the declaration has been received by the Secretary-
General, unless the State Party concerned has made a new declaration.

Article 22

1. A State Party to this Convention may at any time declare under this article that it recognizes the
competence of the Committee to receive and consider communications from or on behalf of individuals
subject to its jurisdiction who claim to be victims of a violation by a State Party of the provisions of the
Convention. No communication shall be received by the Committee if it concerns a State Party which has not
made such a declaration.

2. The Committee shall consider inadmissible any communication under this article which is anonymous or
which it considers to be an abuse of the right of submission of such communications or to be incompatible
with the provisions of this Convention.
3. Subject to the provisions of paragraph 2, the Committee shall bring any communications submitted to it
under this article to the attention of the State Party to this Convention which has made a declaration under
paragraph I and is alleged to be violating any provisions of the Convention. Within six months, the receiving
State shall submit to the Committee written explanations or statements clarifying the matter and the
remedy, if any, that may have been taken by that State.

4. The Committee shall consider communications received under this article in the light of all information
made available to it by or on behalf of the individual and by the State Party concerned. 5. The Committee
shall not consider any communications from an individual under this article unless it has ascertained that:

(a) The same matter has not been, and is not being, examined under another procedure of international
investigation or settlement;

(b) The individual has exhausted all available domestic remedies; this shall not be the rule where the
application of the remedies is unreasonably prolonged or is unlikely to bring effective reliefto the person who
is the victim of the violation of this Convention.

6. The Committee shall hold closed meetings when examining communications under this article.

7. The Committee shall forward its views to the State Party concerned and to the individual.

8. The provisions of this article shall come into force when five States Parties to this Convention have made
declarations under paragraph 1 of this article. Such declarations shall be deposited by the States Parties
with the Secretary-General of the United Nations, who shall transmit copies thereof to the other States
Parties. A declaration may be withdrawn at any time by notification to the Secretary-General. Such a
withdrawal shall not prejudice the consideration of any matter which is the subject of a communication
already transmitted under this article; no further communication by or on behalf of an individual shall be
received under this article after the notification of withdrawal of the declaration has been received by the
SecretaryGeneral, unless the State Party has made a new declaration.

Article 23

The members of the Committee and of the ad hoc conciliation commissions which may be appointed under
article 21, paragraph I (e), shall be entitled to the facilities, privileges and immunities of experts on mission
for the United Nations as laid down in the relevant sections of the Convention on the Privileges and
Immunities of the United Nations.

Article 24

The Committee shall submit an annual report on its activities under this Convention to the States Parties
and to the General Assembly of the United Nations.

PART III

Article 25

1. This Convention is open for signature by all States. 2. This Convention is subject to ratification.
Instruments of ratification shall be deposited with the Secretary-General of the United Nations.

Article 26

This Convention is open to accession by all States. Accession shall be effected by the deposit of an
instrument of accession with the SecretaryGeneral of the United Nations.

Article 27
1. This Convention shall enter into force on the thirtieth day after the date of the deposit with the Secretary-
General of the United Nations of the twentieth instrument of ratification or accession.

2. For each State ratifying this Convention or acceding to it after the deposit of the twentieth instrument of
ratification or accession, the Convention shall enter into force onthe thirtieth day after the date of the
deposit of its own instrument of ratification or accession.

Article 28

1. Each State may, at the time of signature or ratification of this Convention or accession thereto, declare
that it does not recognize the competence of the Committee provided for in article 20.

2. Any State Party having made a reservation in accordance with paragraph I of this article may, at any
time, withdraw this reservation by notification to the Secretary-General of the United Nations.

Article 29

1 . Any State Party to this Convention may propose an amendment and file it with the Secretary-General of
the United Nations. The SecretaryGeneral shall thereupon communicate the proposed amendment to the
States Parties with a request that they notify him whether they favour a conference of States Parties for the
purpose of considering an d voting upon the proposal. In the event that within four months from the date of
such communication at least one third of the States Parties favours such a conference, the SecretaryGeneral
shall convene the conference under the auspices of the United Nations. Any amendment adopted by a
majority of the States Parties present and voting at the conference shall be submitted by the Secretary-
General to all the States Parties for acceptance.

2. An amendment adopted in accordance with paragraph I of this article shall enter into force when two
thirds of the States Parties to this Convention have notified the Secretary-General of the United Nations that
they have accepted it in accordance with their respective constitutional processes.

3. When amendments enter into force, they shall be binding on those States Parties which have accepted
them, other States Parties still being bound by the provisions of this Convention and any earlier
amendments which they have accepted.

Article 30

1. Any dispute between two or more States Parties concerning the interpretation or application of this
Convention which cannot be settled through negotiation shall, at the request of one of them, be submitted
to arbitration. If within six months from thc date of the request for arbitration the Parties are unable to
agree on the organization of the arbitration, any one of those Parties may refer the dispute to the
International Court of Justice by request in conformity with the Statute of the Court.

2. Each State may, at the time of signature or ratification of this Con vention or accession thereto, declare
that it does not consider itself bound by paragraph I of this article. The other States Parties shall not be
bound by paragraph I of this article with respect to any State Party having made such a reservation.

3. Any State Party having made a reservation in accordance with paragraph 2 of this article may at any time
withdraw this reservation by notification to the Secretary-General of the United Nations.

Article 31

1. A State Party may denounce this Convention by written notification to the Secretary-General of the United
Nations. Denunciation becomes effective one year after the date of receipt of- the notification by the
Secretary-General .

2. Such a denunciation shall not have the effect of releasing the State Party from its obligations under this
Convention in regard to any act or omission which occurs prior to the date at which the denunciation
becomes effective, nor shall denunciation prejudice in any way the continued consideration of any matter
which is already under consideration by the Committee prior to the date at which the denunciation becomes
effective.

3. Following the date at which the denunciation of a State Party becomes effective, the Committee shall not
commence consideration of any new matter regarding that State.

Article 32

The Secretary-General of the United Nations shall inform all States Members of the United Nations and all
States which have signed this Convention or acceded to it of the following:

(a) Signatures, ratifications and accessions under articles 25 and 26;

(b) The date of entry into force of this Convention under article 27 and the date of the entry into force of
any amendments under article 29;

(c) Denunciations under article 31.

Article 33

1. This Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally
authentic, shall be deposited with the Secretary-General of the United Nations.

2. The Secretary-General of the United Nations shall transmit certified copies of this Convention to all
States.

http://www.ohchr.org/EN/ProfessionalInterest/Pages/CAT.aspx

From Wikipedia, the free encyclopedia

See also Geneva Convention for the amelioration of the condition of the wounded and sick in
armies in the field (1929)

Wikisource has original text

related to this article:

Geneva Convention (1929)

The Geneva Convention (1929) was signed at Geneva, July 27, 1929. Its official name is
the Convention relative to the Treatment of Prisoners of War, Geneva July 27, 1929. It entered
into force 19 June 1931.[1] It is this version of the Geneva Conventions which covered the treatment
of prisoners of war during World War II. It is the predecessor of the Third Geneva Convention signed
in 1949.

On their web site the International Committee of the Red Cross state that:

Provisions concerning the treatment of prisoners of war are contained in the Hague Regulations of 1899 and
1907. In the course of World War I they revealed several deficiencies as well as a lack of precision. Such defects
 were partly overcome by special agreements made between belligerents in Berne in 1917 and 1918. In 1921,

the International Red Cross Conference held at Geneva expressed the wish that a special convention on the

treatment of prisoners of war be adopted. The International Committee of the Red Cross drew up a draft

convention which was submitted to the Diplomatic Conference convened at Geneva in 1929. The Convention

does not replace but only completes the provisions of the Hague regulations. The most important innovations

consisted in the prohibition of reprisals and collective penalties, the organization of prisoners' work, the

designation, by the prisoners, of representatives and the control exercised by protecting Powers. [2]

Contents

[hide]

1 General provisions

2 Capture

3 Captivity

o 3.1 Evacuation of prisoners of war

o 3.2 Prisoner of war camps

o 3.3 Labour of prisoners of war

o 3.4 External relations of prisoners of war

o 3.5 Prisoners' relations with the authorities

4 Termination of captivity

5 Bureau of relief and information concerning prisoners of war

6 Application of the Convention to certain classes of civilians

7 Execution of the convention

8 Annex to the Convention of May 27, 1929 relative to the treatment of prisoners of war

9 Further reading

10 Footnotes
General provisions[edit source | editbeta]
Article 1: makes explicit reference to Articles 1, 2, and 3 of Hague Conventions respecting the laws
and customs of war on land (Hague IV),[3] of October 18, 1907, to define who are lawful
combatants and so qualify as Prisoners of War (POW) on capture. In addition to combatants covered
by Hague IV, some civilians are also covered in the section of this Convention called the "Application
of the Convention to certain classes of civilians".

Articles 2, 3, and 4: Specifies that POW are prisoners of the Power which holds them and not
prisoners of the unit which takes their surrender; that POWs have the right to honor and respect, and
that women shall be treated with all the regard due to their sex, and that prisoners of a similar
category must be treated in the same way.

Capture[edit source | editbeta]

Articles 5 and 6 cover what may and may not be done to a prisoner on capture. If requested, unless
too ill to comply, prisoners are bound to give their true name and rank, but they may not be coerced
into giving any more information. Prisoners' personal possessions, other than arms and horses, may
not be taken from them.

The wording of the 1949 Third Geneva Convention was intentionally altered from that of the 1929
convention so that soldiers who "fall into the power" following surrender or mass capitulation of an
enemy are now protected as well as those taken prisoner in the course of fighting. [4][5] (see Disarmed
Enemy Forces)

Captivity[edit source | editbeta]

Evacuation of prisoners of war[edit source | editbeta]
Articles 7 and 8 state that prisoners should be evacuated from the combat zone within the shortest
possible period, and that Belligerents are bound mutually to notify each other of their capture of
prisoners within the shortest period possible.

Prisoner of war camps[edit source | editbeta]

Articles 9 and 10 cover the type of camp in which POWs can be detained. They must be constructed
in such a way so that the conditions are similar to those used by the Belligerent's own soldiers in
base camps. The camps must be located in healthy locations and away from the combat zone. Also
"Belligerents shall, so far as possible, avoid assembling in a single camp prisoners of different races
or nationalities".

Articles 11, 12, 13 state that: Food must be of a similar quality and quantity to that of the Belligerent's
own soldiers, and POWs can not be denied food as a punishment; A canteen selling local produce
and products should be provided. Adequate clothing should be provided; and that sanitary service in
camps should be more than sufficient to prevent epidemics.

Articles 14 and 15 cover the provision of medical facilities in each camp.

Articles 16 and 17 cover the provision of religious needs, intellectual diversions and sport facilities.

Articles 18 and 19 cover the internal discipline of a camp which is under the command of a
responsible officer.
Articles 20, 21, 22, and 23 state that Officers and persons of equivalent status who are prisoners of
war shall be treated with the regard due their rank and age and provide more details on what that
treatment should be.

Article 24 covers the rate of pay of prisoners of war.

Articles 25 and 26 cover the responsibilities of the detaining authority when transferring prisoners
from one location to another. Prisoners must be healthy enough to travel, they must be informed to
where they are being transferred; and their personal possessions, including bank accounts, should
remain accessible.

Labour of prisoners of war[edit source | editbeta]

Articles 27 to 34 cover labour by prisoners of war. Work must fit the rank and health of the prisoners.
The work must not be war-related and must be safe work. Remuneration will be agreed between the
Belligerents and will belong to the prisoner who carries out the work.

External relations of prisoners of war[edit source | editbeta]

Articles 35 to 41 cover how and when prisoners of war may correspond with others. Prisoners should
be allowed to correspond with their family within a week of capture. They should be allowed to
receive letters, and parcels which contain books, which may be censored, food, and clothing.

Prisoners' relations with the authorities[edit source | editbeta]

Articles 42 to 67 cover the prisoners' relations with the authorities. Most of these provisions are
covered by the provision that prisoners are under the detaining power's own code of military
regulations, with some additional provisions which cover specific prisoner of war issues and some
other provisions to protect prisoners of war if the military regulations of the detaining power do not
meet a minimum standard. Two specific regulations which differentiate prisoners of war from the
detainees' own military regulations, is that no prisoner of war may be deprived of his rank by the
detaining Power, and escaped prisoners of war who are retaken before being able to rejoin their own
army or to leave the territory occupied by the army which captured them shall be liable only to
disciplinary punishment.

Termination of captivity[edit source | editbeta]

Articles 68 to 74 state that seriously sick and seriously injured prisoners of war must be repatriated as
soon as their condition allows and no repatriated person may be utilized in active military service.

Article 75 covers release at the end of hostilities. The release of prisoners should form part of
the armistice. If this is not possible then repatriation of prisoners shall be effected with the least
possible delay after the conclusion of peace. This particular provision was to cause problems
 after World War II because as the surrender of the Axis powers was unconditional (unconditional
surrender) there was no armistice, and in the case of Germany a full peace treaty was not signed
until the signing of the Treaty on the Final Settlement With Respect to Germany in 1990.

Article 76 covers prisoners of war dying in captivity: they should be honorably buried and their graves
marked and maintained properly. Wills and death certificate provisions should be the same as those
for the detaining power's own soldiers.

Bureau of relief and information concerning prisoners of war[edit

source | editbeta]

Articles 77 to 80 covers how and how frequently the Powers should exchange information about
prisoners and the details of how relief societies for prisoners of war should be involved in their relief.

Application of the Convention to certain classes of civilians[edit

source | editbeta]

Article 81 states that individuals who follow armed forces without directly belonging thereto, who fall
into the enemy's hands and whom the latter think expedient to detain, shall be entitled to be treated
as prisoners of war. This provision covered military support contractors and civilian war
correspondents etc.

Execution of the convention[edit source | editbeta]

Articles 82 to 97 cover the implementation of this convention. Articles 82 and 83 contained two
important clauses. "In case, in time of war, one of the belligerents is not a party to the Convention, its
provisions shall nevertheless remain in force as between the belligerents who are parties thereto,"
and that the provisions of this convention continue to cover prisoners of war after hostilities up to their
repatriation unless the belligerents agree otherwise or a more favorable regime replaces it.
http://en.wikipedia.org/wiki/Geneva_Convention_(1929)

United Nations Convention against Torture

From Wikipedia, the free encyclopedia

United Nations Convention against Torture

Convention against Torture and Other Cruel, Inhuman or

Degrading Treatment or Punishment
 Type Human rights convention

Drafted 10 December 1984[1]

Signed 10 December 1984

Location New York

Effective 26 June 1987[1]

Condition 20 ratifications[2]

Signatories 79[1]

Parties 153[1]

Depositary UN Secretary-General[3]

Languages Arabic, Chinese, English, French, Russian and Spanish[4]

Convention against Torture at Wikisource

Map of the world with parties to the Convention against Torture

signed and ratified

 signed but not ratified

not signed and not ratified

The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (United Nations Convention against Torture) is an international human rights instrument,
under the review of the United Nations, that aims to prevent torture and cruel, inhuman degrading treatment or
punishment around the world.

The Convention requires states to take effective measures to prevent torture within their borders, and forbids
states to transport people to any country where there is reason to believe they will be tortured.

The text of the Convention was adopted by the United Nations General Assembly on 10 December 1984[1] and,
following ratification by the 20th state party,[2] it came into force on 26 June 1987.[1] 26 June is now recognised
as the International Day in Support of Victims of Torture, in honour of the Convention. As of May 2013, the
Convention has 153 state parties.[1]

Summary[edit source | editbeta]

The Covenant follows the structure of the Universal Declaration of Human Rights (UDHR), International
Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and
Cultural Rights (ICESCR), with a preamble and 33 articles, divided into three parts:

Part I (Articles 116) defines torture (Article 1), and commits parties to taking effective measures to
prevent any act of torture in any territory under their jurisdiction (Article 2). These include ensuring that
torture is a criminal offense (Article 4), establishing jurisdiction over acts of torture committed by or
against a party's citizens (Article 5), ensuring that torture is an extraditable offense (Article 8), and
establishing universal jurisdiction to try cases of torture where an alleged torturer cannot be extradited
(Article 5). Parties must promptly investigate any allegation of torture (Articles 12 and 13), and victims of
torture must have an enforceable right to compensation (Article 14). Parties must also ban the use
of evidence produced by torture in their courts (Article 15), and are barred fromdeporting, extraditing
or refouling people where there are substantial grounds for believing they will be tortured (Article 3).

Parties are also obliged to prevent other acts of cruel, inhuman or degrading treatment or punishment,
and to investigate any allegation of such treatment within their jurisdiction (Article 16).

Part II (articles 17 24) governs reporting and monitoring of the Convention and the steps taken by the
parties to implement it. It establishes the Committee against Torture (Article 17), and empowers it to
investigate allegations of systematic torture (Article 20). It also establishes an optional dispute-resolution
mechanism between parties (Articles 21) and allows parties to recognize the competence of the
Committee to hear complaints from individuals about violations of the Convention by a party (Article 22).

Part III (Articles 25 33) governs ratification, entry into force, and amendment of the Convention. It also
includes an optional arbitration mechanism for disputes between parties (Article 30).
Main provisions[edit source | editbeta]
Definition of torture[edit source | editbeta]
Article 1 of the Convention defines torture as:

Any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such

purposes as obtaining from him or a third person, information or a confession, punishing him for an act he or a third

person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for

any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or

with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include

pain or suffering arising only from, inherent in or incidental to lawful sanctions.

Convention Against Torture, Article 1.1

Actions which fall short of torture may still constitute cruel, inhuman or degrading treatment under Article
16.

Ban on torture and cruel and degrading treatment[edit source | editbeta]

Article 2 of the convention prohibits torture, and requires parties to take effective measures to prevent it
in any territory under its jurisdiction. This prohibition is absolute and non-derogable. "No exceptional
circumstances whatsoever"[5] may be invoked to justify torture, including war, threat of war, internal
political instability, public emergency, terrorist acts, violent crime, or any form of armed conflict. [6] Torture
cannot be justified as a means to protect public safety or prevent emergencies. [6] Neither can it be
justified by orders from superior officers or public officials.[7] The prohibition on torture applies to all
territories under a party's effective jurisdiction, and protects all people under its effective control,
regardless of citizenship or how that control is exercised.[6]Since the convention's entry into force, this
absolute prohibition has become accepted as a principle of customary international law.[6]

Because it is often difficult to distinguish between cruel, inhuman or degrading treatment and torture, the
Committee regards Article 16's prohibition of such treatment as similarly absolute and non-derogable.[6]

The other articles of part I lay out specific obligations intended to implement this absolute prohibition by
preventing, investigating and punishing acts of torture.[6]

Ban on refoulement[edit source | editbeta]

Article 3 prohibits parties from returning, extraditing or refouling any person to a state "where there are
substantial grounds for believing that he would be in danger of being subjected to torture".[8]The
Committee against Torture has held that this danger must be assessed not just for the initial receiving
state, but also to states to which the person may be subsequently expelled, returned or extradited. [9]

Optional Protocol[edit source | editbeta]

The Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading
Treatment or Punishment (OPCAT), adopted by the General Assembly on 18 December 2002 and in
force since 22 June 2006, provides for the establishment of "a system of regular visits undertaken by
independent international and national bodies to places where people are deprived of their liberty, in
order to prevent torture and other cruel, inhuman or degrading treatment or punishment," [10] to be
overseen by a Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment.

Signatories of the Optional Protocol[edit source | editbeta]

As of September 2012 the Protocol has 72 signatories and 63 parties.[11]

Committee against Torture[edit source | editbeta]

The Committee against Torture (CAT) is a body of human rights experts that monitors implementation of
the Convention by State parties. The Committee is one of eight UN-linked human rights treaty bodies. All
state parties are obliged under the Convention to submit regular reports to the CAT on how rights are
being implemented. Upon ratifying the Convention, states must submit a report within one year, after
which they are obliged to report every four years. The Committee examines each report and addresses
its concerns and recommendations to the State party in the form of "concluding observations." Under
certain circumstances, the CAT may consider complaints or communications from individuals claiming
that their rights under the Convention have been violated.

The CAT usually meets in April/May and November each year in Geneva. Members are elected to four-
year terms by State parties and can be re-elected if nominated.

The current membership of the CAT:[12]

http://en.wikipedia.org/wiki/United_Nations_Convention_against_Torture

http://www.icrc.org/ihl.nsf/385ec082b509e76c41256739003e636d/6756482d86146898c125641e004aa
3c5

Judicial Decisions
ICTY: Prosecutor v. Furundzija, IT-95-17/1-T (Dec. 10, 1998)

Furundzija, the local commander of the Croatian Defence Council Military Police unit known as the "Jokers", was
charged with two counts of the violations of the laws and customs of war, arising out of interrogations of a Muslim
woman and a Bosnian Croat man in which Furundzija questioned the pair while "B", another member of the Jokers,
threatened sexual violence against the woman, beat them, and raped the woman in the presence of the man and
others. paras. 25-26. The Trial Chamber found that it had "no doubt that the accused and Accused B, as
commanders, divided the process of interrogation by performing different functions. The role of the accused was to
question, while Accused B's role was to assault and threaten in order to elicit the required information...." para. 130.

As an initial matter, the Trial Chamber characterized the prohibition against torture as a peremptory norm of
international law, which is owed toward all nations as an erga omnes obligation, and noted that rape which occurs
during interrogation may amount to torture. paras. 144, 147, 151-153, 163. The Trial Chamber emphasized that "if an
official interrogates a detainee while another person is inflicting severe pain or suffering, the interrogator is as guilty of
torture as the person causing the severe pain or suffering, even if he does not in any way physically participate in
such infliction." para. 256. The Trial Chamber distinguished accomplice liability for aiding and abetting from that of a
perpetrator: "(i) to be guilty of torture as a perpetrator (or co-perpetrator), the accused must participate in an integral
part of the torture and partake of the purpose behind the torture, that is the intent to obtain information or a
confession, to punish or intimidate, humiliate, coerce or discriminate against the victim or a third person. (ii) to be
guilty of torture as an aider or abettor, the accused must assist in some way which has a substantial effect on the
perpetration of the crime and with knowledge that torture is taking place." para. 257.
Applying those principles, the Trial Chamber found Furundzija guilty as co-participant, in the torture of the Moslem
woman by virtue of his interrogation of her "as an integral part of the torture, " as well as of the Croatian man who
was beaten and forced to watch the sexual attacks on the woman. para. 267-268. The Trial Chamber further found
Furundzija guilty of aiding and abetting the rape and sexual assault on the woman, although he was not physically in
the room during the attacks, on the grounds that his "presence and continued interrogation of [the woman]
encouraged Accused B and substantially contributed to the criminal acts committed by him." para. 273. Furundzija
was sentenced to ten years imprisonment for the first count and eight years imprisonment for the second count, both
sentences to be served concurrently, less a deduction for time served in pretrial detention. DL
download in Adobe pdf format http://www.un.org/icty/furundzija/judgment/FinalFurjud.pdf
U.S. Second Circuit: Rein v. Socialist People's Libyan Arab Jamahiriya, 98-7467 (Dec. 15, 1998)
The U.S. Court of Appeals for the Second Circuit affirmed the decision of the District Court that the exercise of civil
jurisdiction against Libya arising out of the downing of PanAm flight 103 over Lockerbie pursuant to the Foreign
Sovereign Immunities Act, as amended by the Antiterrorism and Effective Death Penalty Act (AEDPA) is not an
unconstitutional delegation of the power to establish the jurisdiction of the federal courts. The Second Circuit held
that as that Libya was already on the list of state sponsors of terrorism at the time that the Antiterrorism and Effective
Death Penalty Act was passed by Congress, jurisdiction over Libya existed at the moment that the AEDPA
amendment became law, without requiring the exercise of discretion by Executive branch through the State
Department. In dicta, the court noted that the issue of unconstitutional delegation might be brought by a state sued
under the amended act that was not on the list at the time of passage of the AEDPA. DL
http://www.law.pace.edu/lawlib/legal/us-legal/judiciary/second-circuit/test3/98-7467.opn.html

http://www.asil.org/ilib0115.cfm

Furundzija Case: The Judgement of the Trial Chamber Anto Furundzija found guilty
on both charges and sentenced to 10 years in prison .

Press Release CHAMBERS

(Exclusively for the use of the media. Not an official document)
The Hague, 10 December 1998
JL/PIU/372-E

Furundzija Case: The Judgement of the Trial Chamber

Anto Furundzija found guilty on both charges and sentenced to 10 years in prison

Today, Thursday 10 December 1998, Trial Chamber II, consisting of Judge Florence
Mumba (presiding), Judge Antonio Cassese and Judge Richard May, pronounced their
judgement in the case The Prosecutor v. Anto Furundzija. This judgement is the third to
be rendered after trial by the International Criminal Tribunal for the former Yugoslavia
(ICTY), and marks the sixth time that sentences have been handed down.

THE SENTENCES IMPOSED

The Trial Chamber found Anto Furundzija GUILTY, as a co-perpetrator of torture, a

Violation of the laws or customs of war, for which he has been sentenced to 10 years
imprisonment.
The Trial Chamber also found Anto Furundzija GUILTY, of aiding and abetting in
outrages upon personal dignity, including rape, which constitutes a Violation of the laws
or customs of war, for which he has been sentenced to 8 years imprisonment.

These multiple sentences are to be served concurrently.

Background:

Further to a sealed indictment, Furundzija was detained by SFOR on 18 December

1997. An amended indictment, issued on 2 June 1998, alleged that the accused was
the local commander of a special unit of the military police of the Croatian Defence
Council (HVO) known as the "Jokers". In this capacity he and another soldier
interrogated Witness A. During the questioning, Witness A had a knife rubbed against
her inner thigh and lower stomach by the other soldier, who threatened to put his knife
inside her vagina should she not tell the truth. The amended indictment further alleged
that Furundzija continued to interrogate Witness A and Victim B while they were beaten
on the feet with a baton by the other soldier and further, that Furundzija stood by, failing
to intervene in any way, while Witness A was forced to have oral and vaginal sexual
intercourse with the other soldier.

The trial of Furundzija commenced on 8 June 1998 and the proceedings continued until
22 June 1998, at which time the hearing was closed with judgement reserved to a later
date. Following a motion filed by the Defence, the Trial Chamber ordered that the
proceedings be reopened. These further proceedings covered a period of four days and
the trial was finally closed on 12 November 1998.

The judgement is a document of approximately 100 pages, which this press

release does not summarise. It is merely an outline of the most significant legal
aspects of the judgement and an overview of the findings reached by the
Chamber.

The full text of the official summary as read out in Court by the Presiding Judge
and of the judgement itself will be mailed upon request by the Public Information
Unit.

THE MOST SIGNIFICANT LEGAL ASPECTS

For Article 3 of the Statute (Violations of the laws or customs of war) to apply, the
existence of an armed conflict had to be established. The Trial Chamber relied on the
test formulated by the Appeals Chamber in the Tadi case. Accordingly, based on the
evidence submitted by both parties, the Trial Chamber found that, at the material time, a
state of armed conflict existed in central Bosnia and Herzegovina between the HVO and
the Army of Bosnia and Herzegovina. Furthermore, the Trial Chamber found a
connection between this armed conflict and the acts underlying the charges against the
accused.
The proceedings that took place in November 1998 essentially dealt with the reliability
of Witness As evidence in light of any psychological disorder caused by her traumatic
ordeal. The Trial Chamber found that the expert evidence demonstrated that, even
when a person is suffering from PTSD [post-traumatic stress disorder], he or she may
still be a reliable witness, and accepted Witness As testimony that she had sufficiently
recollected the material aspects of the relevant events.

The judgement furthermore provides a definition of torture under international

humanitarian law. In this regard, the Trial Chamber found that the prohibition against
torture has attained the status of jus cogens, which can be defined as a peremptory
norm of international law from which no derogation is permitted.

According to the summary, as read out in court, the Trial Chamber found the elements
of the offence of torture to be as follows: "the intentional infliction, by act or omission, of
severe pain or suffering, whether physical or mental, for the purpose of obtaining
information or a confession or of punishing, intimidating, humiliating or coercing the
victim or a third person, or of discriminating on any ground against the victim or a third
person. For such an act to constitute torture, one of the parties thereto must be a public
official or must, at any rate, act in a non-private capacity, e.g. as a de facto organ of a
State or any other authority wielding entity."

Having found that it is indisputable that rape and other serious sexual assaults in
situations of armed conflict entail criminal liability of the perpetrators, the Trial Chamber
upheld the finding in the recent judgement in the elebii case that, in certain
circumstances, rape may amount to torture under international law. However, the Trial
Chamber has seen fit to expand the definition of rape first formulated by Trial Chamber I
of the International Criminal Tribunal for Rwanda (ICTR) in the Akayesu case and
followed in the ICTY elebii judgement.

According to the summary of the judgement, the Trial Chamber found that under
international criminal law the offence of rape comprises the following elements: "the
sexual penetration, however slight, either of the vagina or anus of the victim by the
penis of the perpetrator, or any other object used by the perpetrator, or of the mouth of
the victim by the penis of the perpetrator, where such penetration is effected by
coercion or force or threat of force against the victim or a third person."

As to individual criminal responsibility under Article 7(1) of the Statute, the Trial
Chamber found that aiding and abetting under international criminal law requires
practical assistance, encouragement, or moral support having a substantial effect on the
perpetration of the crime (actus reus), and knowledge that such acts assist the
commission of the offence (mens rea).

Furthermore, the Chamber is determined that an accused who, under this standard
would be liable for aiding and abetting torture, is responsible as a co-perpetrator of
torture, if he or she participates in an integral part of the torture and partakes of the
prohibited purpose behind the torture, i.e. the intent to obtain information or a
confession, to punish or intimidate, humiliate, coerce or discriminate against the victim
or a third person.

CREDIT FOR TIME SERVED

According to the Rules of Procedure and Evidence, Mr. Furundzija is entitled to credit
for time spent in custody pending surrender to the Tribunal and time spent in detention
pending trial or appeal. Accordingly, the Trial Chamber determined that 11 months and
22 days will be deducted from the sentence today imposed on Furundzija, together with
such additional time as he may serve pending the determination of any final appeal.
http://www.icty.org/sid/7609

Effects[edit source | editbeta]

Psychiatric[edit source | editbeta]
The effect of solitary confinement on mental health has been studied and discussed by psychiatrists since
the 1930s.[30] According to psychiatrist Stuart Grassian, a specialist in the area, inmates are more likely to
under-report than to over-report its effects (i.e., "Some of the guys can't take itnot me"). Grassian has
found that common effects of solitary confinement include increased sensitivity to stimuli, hallucinations,
and other changes in perception, as well as cognitive problems including memory loss, difficulty thinking,
and impulsiveness.[31] These effects may together constitute a unique syndrome, sometimes called "SHU
syndrome".[32] Others term it "Social-Sensory Deprivation Syndrome".[33] Grassian's 1983 study of inmates
at Walpole State Prison is credited with identifying (duration and degree of) sensory deprivation as an
important variable in mental health outcomes.[30]

Craig Haney built upon Grassian's findings and found the following symptoms present among inmates
housed in SHUs: anxiety, headaches, chronic tiredness, trouble sleeping, impending nervous breakdown,
perspiring hands, heart palpitations, loss of appetite, trembling hands and nightmares. [34] Haney also
found that suicidal thoughts, perceptual distortions, chronic depression, emotional flatness, violent
fantasies, social withdrawal and ruminations were present among these inmates a short time after
admittance into the SHU.

Some have argued that evidence for a unique syndrome is insufficient and accused its proponents of bias
because they advocate for prisoners in legal cases relating to solitary confinement. [35] A study conducted
by the Colorado Department of Corrections found that solitary confinement did not undermine mental
health, and suggested that inmates in isolation often had mental health problems that should not be
attributed to the isolation itself.[36]

Social[edit source | editbeta]

Some sociologists argue that prisons create a unique social environment that do not allow inmates to
create strong social ties outside or inside of prison life. Therefore, women are more likely to become
depressed than men, because they do not feel supported by their respective families outside of prison.
However, men are more likely to become frustrated, and therefore more mentally unstable when keeping
up with family outside of prisons.[37] Extreme forms of solitary confinement and isolation can affect the
larger society as a whole. The resocialization of newly released inmates who spent an unreasonable
amount of time in solitary confinement and thus suffer from serious mental illnesses is a huge dilemma for
society to face.[38]

Criticism[edit source | editbeta]

Solitary confinement has been criticized in specific instances as well as for its overall effects. Despite the
debate and literature about the psychological effects solitary confinement has on prisoners, the
government and prison administrators have very few intentions of ending solitary confinement or security
housing units.[39] Solitary confinement becomes a social issue because inmates will lose important skills
to survive in society; some will lose the ability impose internal organization on their daily routines,
jeopardizing their prison adjustment. Others will suffer the loss of emotional control.... [39] Most of the
inmates in secure housing units are minorities and the psychological effects that solitary confinement has
on them will ensure that they may become functionally excluded from living socially productive
lives.[39] Because most of the inmates in solitary confinement are minorities,[39] the issue of racialization of
space and social/racial justice is contended in the prison system's use of solitary confinement.

Ineffectiveness[edit source | editbeta]

In 2002, the Commission on Safety and Abuse in America, chaired by John Joseph
Gibbons and Nicholas Katzenbach found that: "The increasing use of high-security segregation is
counter-productive, often causing violence inside facilities and contributing to recidivism after release." [40]

Solitary confinement has been traditionally used as a behavioral reform of isolating prisoners physically,
emotionally and mentally in order to control and change inmate behavior. Recently arrived inmates are
more likely to violate prison rules than their inmate counterparts and thus are more likely to be put in
solitary confinement. Additionally, individual attributes and environmental factors combine to increase an
inmate's likelihood of being put into solitary confinement.[41]

Torture[edit source | editbeta]

Solitary confinement is considered to be a form of psychological torture[28] when the period of confinement
is longer than a few weeks or is continued indefinitely.[42] The case of Thomas Silverstein has been
somewhat criticized. Silverstein has spent the last 29 years of his imprisonment in solitary confinement as
a result of him murdering a prison guard in Marion, Illinois. He is thought to have been in solitary
confinement longer than any other prisoner in the world. Silverstein is currently incarcerated at the
Federal Supermax Prison in Florence, Colorado. The International Red Cross has expressed concern of
significant problems with U.S. confinement techniques, and U.S. prison policies have faced mounting
legal challenges.[43] America's detention system is far below the basic minimum standards for treatment of
prisoners under international law.[43] The United States' increasingly harsh treatment of its civilian prison
population in maximum-security prisons ("supermax facilities") nationwide has caused an international
human rights concern.[43] Americas solitary confinement practices contravene international treaty law,
violate established international norms, and do not represent sound foreign policy. [43]

Negative psychological effects have been documented,[44] leading one judge in a 2001 suit to rule that
"[Solitary confinement] units are virtual incubators of psychosesseeding illness in otherwise healthy
inmates and exacerbating illness in those already suffering from mental infirmities."[45]

Misuse[edit source | editbeta]

Misuse of solitary confinement has been widely controversial. In immigration detention centers, reports
have surfaced concerning its use against detainees in order to keep those knowledgeable about their
rights away from other detainees.[46] In the prison-industrial complex itself, reports of solitary confinement
as punishment in work labor prisons have also summoned much criticism. [47]One issue prison reform
activists have fought against is the use of Security Housing Units (extreme forms of solitary confinement).
They argue that they do not rehabilitate inmates but rather serve only to cause inmates psychological
harm.[48] Further reports of placing prisoners into solitary confinement based on sexual orientation, race
and religion have been an ongoing but very contentious subject in the last century. [49]

Opponents of solitary confinement hold that it is a form of cruel and unusual

punishment[50] and torture[51] because the lack of human contact, and the sensory deprivation that often
go with solitary confinement, can have a severe negative impact on a prisoner's mental state [52] that may
lead to certain mental illnesses such as depression, permanent or semi-permanent changes to brain
physiology,[53] an existential crisis,[31][54][55][56] and death.[51]

International Perception[edit source | editbeta]

The neutrality of this article is disputed. Relevant discussion may be
found on the talk page. Please do not remove this message until thedispute
is resolved. (July 2013)

The International communitys approach toward the treatment of prisoners has evolved into a formal
recognition of basic prisoners rights, setting out minimum standards and prohibitions applicable to
prisoners and prison conditions.[57] Although great strides have been made in the formation of this
international body of law, prisoners remain a vulnerable population. Since prisons are by nature out of
sight, and prisoners are outcasts, they become easy targets for continued human rights abuses even in
countries that generally respect human rights.[57] Solitary confinement and prolonged segregation in U.S
prisons fail to abide by either the international standards for prison management or internationally
established protections for prisoner rights.[58] The United States holds itself to a lesser standard than other
industrialized nations, determining that the Eighth Amendment of the U.S Constitution provides adequate
protection against punishments compromising prisoners human dignity. [58] International law and its
various international treaties and covenants-the Universal Declaration of Human Rights, the Convention
Against Torture and the International Covenant on Civil and Political Rights, among others, contain the
prohibition of torture.[59] International courts interpreting these documents have determined four elements
of torture: severity, intent, objective, and officiality.[59] Use of solitary sonfinement in the U.S contravenes
international law, fulfilling all four elements of torture.[59] International law also requires an in depth
periodic review of a prisoners long term solitary confinement to consider the prisoners behavior while in
prison.[60] The Committee Against Torture, the European Court of Human Rights, and the Inter-American
Court of Human Rights have made it clear that solitary confinement should be an exceptional measure of
limited duration that is subject to strict judicial review when applied and prolonged. [60]

Solitary confinement of youth[edit source | editbeta]

Some oppose specifically the solitary confinement of young people, arguing that this practice is
particularly harmful and unjust. A 2012 report by the American Civil Liberties Union and Human Rights
Watch contests that solitary confinement can traumatize young people and deny them access to special
services necessary for rehabilitation.[61]
Access to health care[edit source | editbeta]
Research has shown that the routine features of prison can make huge demands on limited coping
resources. After prison many ex-convicts with mental illness do not receive adequate treatment for their
mental health issues, because health services turn them away. This is caused by restrictive policies or
lack of resources for treating the formerly incarcerated individual.[62] In a study focusing on women and
adolescent men, those who had health insurance, received mental health services, or had a job were less
likely to return to jail. However, very few of the 1,000 individuals in this study received support from
mental health services.[63]

Lawsuits[edit source | editbeta]

Novak v. Beto[edit source | editbeta]
In 1971, inmates challenged the constitutionality of the treatment that they were receiving in their Texas
Department of Corrections (TDC) facility.[64] Specifically, they asked whether the TDC regulation banning
all inmate assistance in the preparation of writs of habeas corpus and other legal work is unconstitutional.
They also argued that the conditions of solitary confinement as administered in Texas as constituted cruel
and unusual punishment in violation of the Eighth and Fourteenth Amendments. The U.S. 5th Circuit
Court found against the inmates held in the Texas department of corrections on all of the issues
presented: the legal assistance regulation that was being reviewed held no merit, and the treatment that
was being administered in the Texas solitary confinement sector was not unconstitutional. [64]

Ford v. Board of New Jersey state prison[edit source | editbeta]

Appellant Ford alleged that he had been confined in solitary in the New Jersey State Prison at
Trenton.[65] While he was in the solitary confinement section, he claims that he was exposed to conditions
including (but not limited to) having no access to a wash bowl or running water and was therefore not able
to maintain himself hygienically. He claims to have only had been allowed to shower once every 5th day
at the discretion of the officer in charge.[65] The cell was said to have never been cleaned while he resided
inside and therefore a stench lingered in the unit.[65] As for food, Ford says that he was allowed 4 slices
of bread and a pint of water 3 times daily and one full meal every third day. [65] In this case, it was
decided by the court that the conditions described by the appellant do not constitute cruel and/or unusual
punishment.[65]

Actions[edit source | editbeta]

The use of long-term solitary confinement, along with other grievances, has triggered organized
resistance from prisoners and advocacy groups in the United States. Prisoners in California and
elsewhere have launched hunger strikes, citing cruel and unusual uses of solitary confinement as a major
reason. Hundreds of prisoners in the United States, acting through the Center for Human Rights and
Constitutional Law, have in 2012 filed a petition against solitary confinement at the United Nations. The
petition alleges that solitary confinement constitutes torture and should be addressed by the international
community.[66] The 2013 California prisoner hunger strike saw approximately 29,000 prisoners protesting
conditions.[67] Dr. Eisenman, a Art History professor and activist, who is involved in many stop max
movements centered in Illinois, studies solitary confinement and explains its eventual decline. [68] Since
the 1800s solitary confinement was practiced in the penitentiary systems and its implementation and
popularity at various prisons grew throughout the centuries.[68] The practice of solitary confinement grew
partly because of stigmatizing language used to refer to certain prisoners like the worst of the worst,
which became a form of self-justifying the logic of torture.[68] Yet, as the use of solitary confinement
progressed, public discourse around solitary confinement transitioned from a legitimate form of
punishment to torture.[68] Because many prisoners in solitary confinement suffered severe mental and
physical illnesses, Eisenman describes that by the end of the nineteenth century prisoner isolation and
sensory deprivation were widely understood to be forms of torture.[68] Therefore, human rights groups
condemned the use of solitary confinement or supermax systems, and national and local stop max
movements have initiated in America and worldwide to stop the use of solitary confinement. [68] There are
many radical American organizations campaigning and advocating for prisoners' rights and against
solitary confinement.[69]

Solitary confinement is a special form of imprisonment in which a prisoner is isolated from any human
contact, though often with the exception of members of prison staff. It is sometimes employed as a form
of punishment beyond incarceration for a prisoner and has been cited as an additional measure of
protection from the inmate or is given for violations of prison regulations. It is also used as a form
of protective custody and to implement a suicide watch.

Solitary confinement is colloquially referred to in American English as "the hotbox", "the hole", "lockdown",
"SCU" (Solitary Confinement Unit), "AdSeg" (Administrative Segregation), the "SHU" (pronounced
"shoe")an acronym for "security housing unit", or "the pound"; and in British English as "the block" or
"the cooler".[1][2] In Canada they are known as a Special Handling Unit.

1. ^ "Army captain was real life 'Cooler King' from The Great Escape". The Daily Telegraph. 17 June 2009.

Retrieved 16 April 2010.

2. ^ "Cooler King recalls Great Escape". BBC News. 16 March 2004. Retrieved 16 April 2010.

3. ^ Graber, Jennifer (Fall 2008). ""When Friends Had the Management It Was Entirely Different": Quakers

and Calvinists in the Making of New York Prison Discipline". Quaker History 97 (2): 19

40. doi:10.1353/qkh.0.0011.

4. ^ Smith, Peter Scharff (August 2008). ""Degenerate Criminals": Mental Health and Psychiatric Studies of

Danish Prisoners in Solitary Confinement, 18701920". Criminal Justice and Behavior 35 (8): 1048

1064. doi:10.1177/0093854808318782.

5. ^ Read, N., & O'Cummings, M. "Fact Sheet: Juvenile Justice Facilities". Retrieved 6 May 2013.

6. ^ a b ACLU/Human Rights Watch (2012). Growing Up Locked Down: Youth in Solitary Confinement in Jails
and Prisons in the United States. United States of America. p. 2.ISBN 1-56432-949-6.

7. ^ ACLU/Human Rights Watch (2012). Growing Up Locked Down: Youth in Solitary Confinement in Jails and

Prisons in the United States. United States of America. pp. 131132. ISBN 1-56432-949-6.

8. ^ ACLU/Human Rights Watch (2012). Growing Up Locked Down: Youth in Solitary Confinement in Jails and

Prisons in the United States. United States of America. p. 132. ISBN 1-56432-949-6.

9. ^ ACLU/Human Rights Watch (2012). Growing Up Locked Down: Youth in Solitary Confinement in Jails and
Prisons in the United States. United States of America. p. 77. ISBN 1-56432-949-6.
10. ^ ACLU/Human Rights Watch (2012). Growing Up Locked Down: Youth in Solitary Confinement in Jails and

Prisons in the United States. United States of America. p. 22. ISBN 1-56432-949-6.

11. ^ ACLU/Human Rights Watch (2012). Growing Up Locked Down: Youth in Solitary Confinement in Jails and

Prisons in the United States. United States of America. pp. 2935. ISBN 1-56432-949-6.

12. ^ ACLU/Human Rights Watch (2012). Growing Up Locked Down: Youth in Solitary Confinement in Jails and

Prisons in the United States. United States of America. pp. 3, 92. ISBN 1-56432-949-6.

13. ^ ACLU/Human Rights Watch (2012). Growing Up Locked Down: Youth in Solitary Confinement in Jails and

Prisons in the United States. United States of America. p. 76. ISBN 1-56432-949-6.

14. ^ Institution Supplement Visiting Regulations, USP McCreary (from the Bureau of Prisons, US

Department of Justice website. Accessed 2008 May 1.)

15. ^ Visitors, State Prison, Corcoran (CSP-COR) (from the California Department of Corrections and

Rehabilitation website. Accessed 2008 May 1.)

16. ^ Ridgeway, James; Casella, Jean (May 22, 2011). "Voices from Solitary: "An Insane Asylum Disguised As

an SMU"". Solitary Watch.

17. ^ Naday, A., Freilich, J. & Mellow, Jeff. (2008), The Elusive Data on Supermax Confinement, The Prison

Journal 88, 69.

18. ^ a b c d e Haney, Craig; Mona Lynch (1997). "Regulating Prisons of the Future: A Psychological Analysis of
Supermax and Solitary Confinement". New York University Review of Law and Social Change 23: 478
558. |accessdate= requires |url= (help)

19. ^ a b c d e f g h i j King, Katie, Benjamin Steiner, and Stephanie R. Breach. "Violence in the Supermax: A Self

Fulfilling Prophecy." The Prison Journal 88.1 (2008): 144-68. ArticleFirst. Web. 20 Mar. 2013.

20. ^ Naday, Alexandra, Joshua Freilich, and Jeff Mellow. "The Elusive Data on Supermax Confinement." The

Prison Journal 88.1 (2008): 69-93. ArticleFirst. Web. 19 Mar. 2013.

21. ^ Former employee at Pelican Bay State Prison

22. ^ a b c Kupers, Terry. "What to Do With the Survivors? Coping With the Long-Term Effects of Isolated

Confinement." Criminal Justice and Behavior 35.8 (2008): 1005-016. ArticleFirst. Web. 19 Mar. 2013.

23. ^ Devereaux, Ryan (31 May 2012). "Prisoners challenge legality of solitary confinement lasting more than a

decade". The Guardian.

24. ^ a b Angela Browne, Alissa Cambier and Suzanne Agha. Prisons Within Prisons: The Use of Segregation

in the United States. Federal Sentencing Reporter , Vol. 24, No. 1, Sentencing Within Sentencing (October
2011), pp. 46-49. Published by: University of California Press on behalf of the Vera Institute of Justice.

25. ^ a b Casella, Jean, and James Ridgeway. "New York's Black Sites." Nation 295.5/6 (2012): 18-24.

26. ^ O'Keefe, Maureen,L. "Administrative Segregation from within. A Corrections Perspective." Prison Journal

88.1 (2008): 123-43. .

27. ^ a b c Bartlett,Josey. (editor) Bill aims to reduce solitary confinement.

<http://www.qchron.com/editions/queenswide/bill-aims-to-reduce-solitary-confinement/article_45a63073-
4949-51ee-a404-72d7816288c0.html>

28. ^ a b Gawande, Atul (7 January 2009). "Is long-term solitary confinement torture?". The New Yorker.

Retrieved 16 April 2010.

29. ^ Tapley, Lance. "The Worst of the Worst: Supermax Torture in America". Boston Review. Retrieved 18

December 2010.

30. ^ a b Sally Mann Romano, "If the Shu Fits: Cruel and Unusual Punishment at California's Pelican Bay State
Prison", 45 Emory L. J. 1089 (1996).

31. ^ a b Stuart Grassian, "Psychopathological effects of solitary confinement" American Journal of Psychiatry
Online 1983; 140: 14501454.

32. ^ Stuart Grassian, "Psychiatric Effects of Solitary Confinement", 22 Wash. U. J.L. & Pol'y 325 (2006)

33. ^ Terence T. Gorski, "Post Incarceration Syndrome and Relapse", 2000.

34. ^ Haney, Craig (2003). "Mental health issues in long-term solitary and "supermax" confinement". Crime and
Delinquency 49 (1): 124156.

35. ^ Annette Hanson, "Solitary Confinement: Rumor and Reality", Shrink Rap Today, 25 August 2011.

36. ^ Maureen L. O'Keefe, M.A., Kelli J. Klebe, Ph.D., Alysha Stucker, B.A., Kristin Sturm, B.A., and William

Leggett, B.A., "One Year Longitudinal Study of the Psychological Effects of Administrative Segregation",
report submitted to the US Department of Justice, 31 October 2010.

37. ^ Lindquist, Christine H. (NaN undefined NaN). Sociological Forum 15 (3): 431

455.doi:10.1023/A:1007524426382.

38. ^ Kupers, T. A. (NaN undefined NaN). "What To Do With the Survivors? Coping With the Long-Term Effects

of Isolated Confinement". Criminal Justice and Behavior 35 (8): 1005

1016.doi:10.1177/0093854808318591.

39. ^ a b c d Haney, Craig; Mona Lynch (1997). "Regulating prisons of the future: A psychological analysis of
supermax and solitary confinement". NYU Rev. L. Social Change 20: 477
569.|accessdate= requires |url= (help)

40. ^ "Confronting Confinement: A Report of The Commission on Safety and Abuse in America's Prisons". The

Commission on Safety and Abuse in America's Prisons. Retrieved 18 June 2011..

41. ^ Adams, Kenneth (NaN undefined NaN). "Adjusting to Prison Life". Crime and Justice 16:

275.doi:10.1086/449208.

42. ^ Tracy Hresko url=http://digitalcommons.pace.edu/cgi/viewcontent.cgi?article=1071&context=pilr (Spring

2006). "In the Cellars of the Hollow Men". Pace International Law Review. Missing or empty |url= (help)
43. ^ a b c d Vasiliades, Elizabeth (2005). "Solitary Confinement and International Human Rights: Why the US
Prison System Fails Global Standards.". Am. U. Int'l L. Rev 21: 71
101.|accessdate= requires |url= (help)

44. ^ "Psychological Effects of Solitary Confinement". Solitary Watch. Retrieved 18 June 2011.

45. ^ Ruiz v Johnson, 154 F.Supp.2d 975 (S.D.Tex.2001)

46. ^ Venters, Homer; Dasch-Goldberg, Dana; Rasmussen, Andrew; Keller, Allen S. (May 2009). "Into the

Abyss: Mortality and Morbidity Among Detained Immigrants". Human Rights Quarterly31 (2): 474

495. doi:10.1353/hrq.0.0074.

47. ^ Chang, Tracy F. H.; Thompkins, Douglas E. (2002). "Corporations Go to Prisons: The Expansion of

Corporate Power in the Correctional Industry". Labor Studies Journal 27 (1): 45

69. doi:10.1353/lab.2002.0001.

48. ^ Liebling, Alison (1999). "Prison Suicide and Prisoner Coping". Crime and Justice (The University of
Chicago Press) 26: 283359. doi:10.1086/449299.

49. ^ Browne, Angela; Cambier, Alissa; Agha, Suzanne (October 2011). "Prisons Within Prisons: The Use of

Segregation in the United States". Federal Sentencing Reporter (University of California Press) 24 (1): 46

49. doi:10.1525/fsr.2011.24.1.46.

50. ^ Trend toward solitary confinement worries experts Tyre, Peg; US News, 1998 9 January

51. ^ a b "Survivors of Solitary Confinement". National Radio Project: Making Contact. Season 12. Episode 22. 3

June 2009. Direct link to audio file.

52. ^ Solitary Confinement Torture In The US Kerness, Bonnie; National Coordinator of the 'National

Campaign to Stop Control Unit Prisons', 1998

53. ^ Stuart Grassian Psychiatric effects of solitary confinement (redacted, non-institution and non-inmate

specific version of a declaration submitted in September 1993 in Madrid v. Gomez, 889F.Supp.1146.

California, USA. Retrieved 18 June 2008.

54. ^ Haney Mental Health Issues in Long-Term Solitary and "Supermax" Confinement, Crime Delinquency.

2003; 49: 124156

55. ^ Karen Franklin Segregation Psychosis (from the author's private website, with further references.

Retrieved 18 June 2008.

56. ^ Harold I. Schwartz, Death Row Syndrome and Demoralization: Psychiatric Means to Social Policy Ends J

Am Acad Psychiatry Law 33:2:153-155 (2005)

57. ^ a b Miller, Nan D. "International protection of the rights of prisoners: Is solitary confinement in the United

States a violation of international standards." Cal. W. Int'l LJ 26 (1995): 139.

58. ^ a b Vasiliades, Elizabeth. "Solitary Confinement and International Human Rights: Why the US Prison
System Fails Global Standards." Am. U. Int'l L. Rev. 21 (2005): 71.
 59. ^ a b c Hresko, Tracy. "In the cellars of the hollow men: Use of solitary confinement in US prisons and its

implications under international laws against torture." Pace Int'l L. Rev. 18 (2006): 1.

60. ^ a b Lobel, Jules. "Prolonged solitary confinement and the Constitution." University of Pennsylvania Journal

of Constitutional Law 11.115 (2008): 2009-19.

61. ^ Ian Kysel, "Growing Up Locked Down: Youth in Solitary Confinement in Jails and Prisons Across the

United States", ACLU and Human Rights Watch, October 2012, ISBN 1-56432-949-6.

62. ^ Primm, Annelle B.; Osher, Fred C., Gomez, Marisela B. (NaN undefined NaN). "Race and Ethnicity,

Mental Health Services and Cultural Competence in the Criminal Justice System: Are we Ready to
Change?". Community Mental Health Journal 41 (5): 557569.doi:10.1007/s10597-005-6361-3.

63. ^ Freudenberg, Nicholas; Daniels, Jessie, Crum, Martha, Perkins, Tiffany, Richie, Beth E. (NaN undefined

NaN). "Coming Home From Jail: The Social and Health Consequences of Community Reentry for Women,
Male Adolescents, and Their Families and Communities".American Journal of Public Health 95 (10): 1725

1736. doi:10.2105/AJPH.2004.056325.

64. ^ a b Novak v. Beto, 453 F.2d 661 (5th Cir. 1971).

65. ^ a b c d e Ford v. Board of Managers of New Jersey State Prison, 407 F.2d 937 (3d Cir. 1969).

66. ^ Jeremy B. White, "California Prisons' Solitary Confinement Challenged In UN Petition",International

Business Times, 23 March 2010.

67. ^ [1]

68. ^ a b c d e f Eisenman, Stephen (2009). "The Resistible Rise and Predictable Fall of the US
Supermax". Monthly Criminology Review 61 (6): 3145. |accessdate= requires |url= (help)

69. ^ STOP MAX CAMPAIGNS, Prison Abolition Movements. "Amerian Radical".

External links
http://en.wikipedia.org/wiki/Solitary_confinement

Force-feeding is the practice of feeding a person or an animal against their will. The term "gavage" refers
to the supplying a nutritional substance by means of a small plastic tube passed through the nose or
mouth into the stomach, not explicitly "forcibly"

Force-feeding of humans[edit source | editbeta]

Force-feeding is the administration of tube feeding against a person's will.

Tube feeding can be given through different types of tubes. One type of tube can be placed through the
nose into the stomach or bowel. This tube is called a nasogastric or nasoenteral feeding tube. Sometimes
the tube is placed directly through the skin into the stomach or bowel. [2]

Medical uses[edit source | editbeta]

Force-feeding is the practice of feeding someone against their consent, and is not an acceptable practice
in the medical community.

Nutrition support therapy is only to be administered when medically necessary, such as with gastric
obstruction, swallowing disorders etc, and only to be administered with a patient's full consent. Some of
the many reasons a person may refuse to eat are hunger strike, psychiatric problems, eating disorders,
and Alzheimer's/Dementia. Despite the fact that it may be necessary for the person to eat, medical
professionals are not to administer feeding without consent from the patient.
[3]

Philosophical perspectives[edit source | editbeta]

While forcible feeding procedures are invasive, and may be perceived as a threat to individual autonomy,
the principle of supported autonomy [4] suggests that in certain specialized circumstances may be in
the best interests of the person to be forcibly fed in the short term to preserve her autonomy in the long-
term. Other definitions of the autonomy imagine the person as a contained and self-sufficient being
whose rights to bodily integrity should not be compromised under any circumstances.

In prisons
On many occasions in the past prisoners have been force-fed by feeding tube when they went on hunger
strike. It has been prohibited since 1975 by theDeclaration of Tokyo of the World Medical Association,
provided that the prisoner is "capable of forming an unimpaired and rational judgment".

"The unfortunate patients had their mouth clamped shut, had a rubber tube inserted into their mouth or
nostril. They keep on pressing it down until it reaches your esophagus. A china funnel is attached to the
other end of the tube and a cabbage-like mixture poured down the tube and through to the stomach. This
was an unhealthy practice, as the food might have gone into their lungs and caused pneumonia."[5][broken
citation]

In the United Kingdom, force-feeding was used against hunger-striking suffragettes, until the Cat and
Mouse Act of 1913. Rubber tubes were inserted through the mouth (only occasionally through the nose)
and into the stomach, and food poured down; the suffragettes were held down by force while the
instruments were inserted into their bodies, an experience which has been likened to rape.[6] In a
smuggled letter, suffragette Sylvia Pankhurstdescribed how the warders held her down and forced her
mouth open with a steel gag. Her gums bled, and she vomited most of the liquid up afterwards. [7]

Emmeline Pankhurst, founder of the Women's Social and Political Union in the UK, was horrified by the
screams of women being force-fed in HM Prison Holloway during hunger strikes in which she participated.
In her autobiography, she wrote: "Holloway became a place of horror and torment. Sickening scenes of
violence took place almost every hour of the day, as the doctors went from cell to cell performing their
hideous office. I shall never while I live forget the suffering I experienced during the days when those
cries were ringing in my ears." When prison officials tried to enter her cell, Pankhurst, in order to avoid
being force-fed, raised a clay jug over her head and announced: "If any of you dares so much as to take
one step inside this cell I shall defend myself."[8]

The United Kingdom also used forcible feeding techniques against Irish Republicans during their struggle
for independence. In 1917 Irish prisonerThomas Ashe died as a result of complications from such a
feeding while incarcerated at Dublin's Mountjoy Jail.[9]
Under United States jurisdiction, force-feeding is frequently[10][11] used in the U.S. military prison
in Guantanamo Bay, prompting in March 2006 an open letter by 250 doctors in the The Lancet, warning
that, in their opinion, the participation of any doctor is contrary to the rules of the World Medical
Association.[12] Retired Major General Paul E. Vallely visited Guantanamo and reported on the process of
force-feeding:[13]

They have to restrain the prisoners when they feed them because they attack the nurses. They spit in their faces.

They're simply restrained for 20 minutes so they can be fed Ensure. They get their choice of four flavors of Ensure.

It's put in a very unobtrusive feeding tube smaller than a normal straw and it's put in there for 20 minutes, so they get

breakfast, lunch, and dinner.

Main article: Guantanamo hunger strikes

On December 6, 2006, the UN War Crimes Tribunal at The Hague approved the use of force-feeding
of Serbian politician Vojislav eelj. They decided it was not "torture, inhuman or degrading treatment if
there is a medical necessity to do so...and if the manner in which the detainee is force-fed is not inhuman
or degrading".[14]

In the 2009 case Lantz v. Coleman,[15] the Connecticut Superior Court authorized the state Department of
Correction to force-feed a competent prisoner who had refused to eat voluntarily.[16] In 2009,
terrorist Richard Reid, known as the "shoe bomber," was force-fed while on a hunger strike at the United
States Penitentiary, Florence ADX, the federal supermax prison in Colorado.[17]Hundreds of force-
feedings have been reported at ADX Florence.[18]

Coercive and torturous use[edit source | editbeta]

Force-feeding by naso-gastric tube may be carried out in a manner that can be categorised
as torture according to the Declaration of Tokyo, as it may be extremely painful and result in severe
bleeding and spreading of various diseases via the exchanged blood and mucus, especially when
conducted with dirty equipment on a prison population.[19] Large feeding pipes are traditionally used on
hunger striking prisoners[10] whereas thin pipes are preferred in hospitals.

A brief, first-person account of a force-feeding session given by Vladimir Bukovsky describes the
procedure in detail: "The feeding pipe was thick, thicker than my nostril, and would not go in. Blood came
gushing out of my nose and tears down my cheeks, but they kept pushing until the cartilages cracked. I
guess I would have screamed if I could, but I could not with the pipe in my throat. I could breathe neither
in nor out at first; I wheezed like a drowning man my lungs felt ready to burst. The doctor also seemed
ready to burst into tears, but she kept shoving the pipe farther and farther down. Only when it reached my
stomach could I resume breathing, carefully. Then she poured some slop through a funnel into the pipe
that would choke me if it came back up. They held me down for another half-hour so that the liquid was
absorbed by my stomach and could not be vomited back, and then began to pull the pipe out bit by bit." [20]

Force-feeding of pernicious substances may be used as a form of torture and/or physical punishment.
While in prison in northern Bosnia in 1996, some Serbian prisoners have described being forced to eat
paper and soap.[21]

Sometimes it has been alleged that prisoners are forced to eat foods forbidden by their religion.
The Washington Post has reported that Muslim prisoners in Abu Ghraib prison under the U.S.-led
coalition described in sworn statements having been forced to eat pork and drink alcohol, both of which
are strictly forbidden in Islam.[22] Other prisoners described being forced to eat from toilets.

Gavage for girls before marriage[edit source | editbeta]

In the past, force-feeding has also been a practice in the Middle East and in Mauritania where fatness
was considered a marriage asset in women; culturally, voluptuous figures were perceived as indicators of
wealth. In this tradition, some girls are forced by their mothers or grandmothers to overeat, often
accompanied by physical punishment (e.g., pressing a finger between two pieces of wood) should the girl
not eat. The intended result is a rapid onset of obesity, and the practice may start at a young age and
continue for years. This is still the tradition in the rather undernourished Sahel country Mauritania (where
it is called leblouh), where it induces major health risks in the female population; some younger men no
longer insist on voluptuous brides, but the time-honored beauty norm remains part of the culture.[23][24]

Force-feeding of animals[edit source | editbeta]

In farming
References[edit source | editbeta]

1. ^ Pankhurst, Emmeline (1911). The Suffragette. New York: Sturgis & Walton Company. p. 433.

2. ^ "A.S.P.E.N. What is Enteral Nutrition?". Nutritioncare.org. 2013-06-10. Retrieved 2013-06-25.

3. ^ "A.S.P.E.N. 2008 Statement on Ethics of Withholding and/or WIthdrawing Nutrition Support Therapy".

Nutritioncare.org. 2013-06-10. Retrieved 2013-06-25.

4. ^ "Social Sciences - Consent and capacity in Ontarios civil mental health system". Socscience.com.

Retrieved 2013-06-25.

5. ^ WMA - Policy[dead link]

6. ^ Purvis, June; Emmeline Pankhurst, London: Routledge, p 134, ISBN 0-415-23978-8

7. ^ Pugh, Martin; The Pankhursts, UK: Penguin Books, 2001, p 259, ISBN 0-14-029038-9

8. ^ Pankhurst, Emmeline (1914). My Own Story. London: Virago Limited (1979). pp. 251 & 252. ISBN 0-

86068-057-6.

9. ^ Barbara Olshansky, Gitanjali Gutierrez (2005-09-08). "The Guantnamo Prisoner Hunger Strikes &

Protests: February 2002 August 2005". Center for Constitutional Rights. Archived from the original on
2010-01-21.

10. ^ a b Savage, Charlie (2005-12-30). "46 Guantanamo detainees join hunger strike". Boston Globe. Archived

from the original on 2010-01-21. Retrieved 2007-09-17.

11. ^ "Gitmo Hunger Strikers' Numbers Grow". The New Standard. 2005-12-30. Archived from the original on

2010-01-21. Retrieved 2007-09-17.

12. ^ "Doctors attack U.S. over Guantanamo". BBC News. 2006-03-10. Archived from the original on 2010-01-

21. Retrieved 2006-03-15. "The letter, in the medical journal The Lancet, said doctors who used restraints
and force-feeding should be punished by their professional bodies."
 13. ^ "A View from Inside Gitmo". FrontPage Magazine. May 5, 2006. Retrieved 2007-09-16.

14. ^ Traynor, Ian (December 7, 2006). "War crimes tribunal orders force-feeding of Serbian warlord". London:

The Guardian. Retrieved 2007-09-16.

15. ^ Lantz v. Coleman, 978 A. 2d 164 (Conn. Super. Ct. 2009)

16. ^ Appel, Jacob M. Beyond Guantanamo: Torture Thrives in Connecticut November 17, 2009

17. ^ "'Shoe bomber' is on hunger strike". BBC News. June 11, 2009. Retrieved 2009-03-10.

18. ^ "Supermax: A Clean Version Of Hell". CBS News. October 14, 2007. Retrieved 2009-05-31.

19. ^ BBC News: "UN concern at Guantanamo feeding."

20. ^ Daily Kos: "The WaPo prints a torture story."

21. ^ Banks, Lynne Reid (30 March 1996). "Serb prisoners forced to eat soap during months of beatings in

solitary confinement". The Independent (London).

22. ^ "New Details of Prison Abuse Emerge". The Washington Post. 2004-05-21.

23. ^ "Women rethink a big size that is beautiful but brutal" Clare Soares 11 July 2006. Christian Science

Monitor

24. ^ "Gavage in Mauritania" [Subalternate Reality]

25. ^ An obesity-associated gut microbiome with increased capacity for energy harvest : Abstract : Nature

BBC 1 TV programme "Force-fed" November 2, 2005

http://en.wikipedia.org/wiki/Force-feeding

Adopted by the 29th World Medical Assembly, Tokyo, Japan, October 1975
and editorially revised by the 170th WMA Council Session, Divonne-les-Bains, France, May
2005
and the 173rd WMA Council Session, Divonne-les-Bains, France, May 2006
PREAMBLE
It is the privilege of the physician to practise medicine in the service of
humanity, to preserve and restore bodily and mental health without
distinction as to persons, to comfort and to ease the suffering of his or her
patients. The utmost respect for human life is to be maintained even under
threat, and no use made of any medical knowledge contrary to the laws of
humanity.
For the purpose of this Declaration, torture is defined as the deliberate,
systematic or wanton infliction of physical or mental suffering by one or
more persons acting alone or on the orders of any authority, to force
another person to yield information, to make a confession, or for any other
reason.
DECLARATION

1. The physician shall not countenance, condone or participate in the practice of

torture or other forms of cruel, inhuman or degrading procedures, whatever the
offense of which the victim of such procedures is suspected, accused or guilty,
and whatever the victim's beliefs or motives, and in all situations, including
armed conflict and civil strife.

2. The physician shall not provide any premises, instruments, substances or

knowledge to facilitate the practice of torture or other forms of cruel, inhuman or
degrading treatment or to diminish the ability of the victim to resist such
treatment.

3. When providing medical assistance to detainees or prisoners who are, or who

could later be, under interrogation, physicians should be particularly careful to
ensure the confidentiality of all personal medical information. A breach of the
Geneva Conventions shall in any case be reported by the physician to relevant
authorities.

The physician shall not use nor allow to be used, as far as he or she can,
medical knowledge or skills, or health information specific to individuals, to
facilitate or otherwise aid any interrogation, legal or illegal, of those individuals.

4. The physician shall not be present during any procedure during which torture or
any other forms of cruel, inhuman or degrading treatment is used or threatened.

5. A physician must have complete clinical independence in deciding upon the care
of a person for whom he or she is medically responsible. The physician's
fundamental role is to alleviate the distress of his or her fellow human beings,
and no motive, whether personal, collective or political, shall prevail against this
higher purpose.
6. Where a prisoner refuses nourishment and is considered by the physician as
capable of forming an unimpaired and rational judgment concerning the
consequences of such a voluntary refusal of nourishment, he or she shall not be
fed artificially. The decision as to the capacity of the prisoner to form such a
judgment should be confirmed by at least one other independent physician. The
consequences of the refusal of nourishment shall be explained by the physician
to the prisoner.

7. The World Medical Association will support, and should encourage the
international community, the National Medical Associations and fellow physicians
to support, the physician and his or her family in the face of threats or reprisals
resulting from a refusal to condone the use of torture or other forms of cruel,
inhuman or degrading treatment.
http://www.wma.net/en/30publications/10policies/c18/

Preamble[edit source | editbeta]

It is the privilege of the medical doctor to practice medicine in the service of humanity, to preserve and
restore bodily and mental health without distinction as to persons, to comfort and to ease the suffering of
his or her patient. The utmost respect for human life is to be maintained even under threat, and no use
made of any medical knowledge contrary to the laws of humanity.

For the purpose of this Declaration, torture is defined as the deliberate, systematic or wanton infliction of
physical or mental suffering by one or more persons acting alone or on the orders of any authority, to
force another person to yield information, to make a confession, or for any other reason.

Declaration[edit source | editbeta]

1. The physician shall not countenance, condone or participate in the practice of torture or other
forms of cruel, inhuman or degrading procedures, whatever the offense of which the victim of
such procedures is suspected, accused or guilty, and whatever the victim's beliefs or motives,
and in all situations, including armed conflict and civil strife.
2. The physician shall not provide any premises, instruments, substances or knowledge to facilitate
the practice of torture or other forms of cruel, inhuman or degrading treatment or to diminish the
ability of the victim to resist such treatment.
3. When providing medical assistance to detainees or prisoners who are, or who could later be,
under interrogation, physicians should be particularly careful to ensure the confidentiality of all
personal medical information. A breach of the Geneva Conventions shall in any case be reported
by the physician to relevant authorities.
 4. The physician shall not use nor allow to be used, as far as he or she can, medical knowledge or
skills, or health information specific to individuals, to facilitate or otherwise aid any interrogation,
legal or illegal, of those individuals.
5. The physician shall not be present during any procedure during which torture or any other forms
of cruel, inhuman or degrading treatment is used or threatened.
6. A physician must have complete clinical independence in deciding upon the care of a person for
whom he or she is medically responsible. The physician's fundamental role is to alleviate the
distress of his or her fellow human beings, and no motive, whether personal, collective or
political, shall prevail against this higher purpose.
7. Where a prisoner refuses nourishment and is considered by the physician as capable of forming
an unimpaired and rational judgment concerning the consequences of such a voluntary refusal of
nourishment, he or she shall not be fed artificially. The decision as to the capacity of the prisoner
to form such a judgment should be confirmed by at least one other independent physician. The
consequences of the refusal of nourishment shall be explained by the physician to the prisoner.
8. The World Medical Association will support, and should encourage the international community,
the National Medical Associations and fellow physicians to support, the physician and his or her
family in the face of threats or reprisals resulting from a refusal to condone the use of torture or
other forms of cruel, inhuman or degrading treatment.[3]
References

Mental health effects of isolation

Increasingly, isolation units house the mentally ill who struggle to conform to
prison rules. An independent investigation from 2006 reported that as many as
64 percent of prisoners in SHUs were mentally ill, a much higher percentage than
is reported by states for their general prison populations. Contrary to the
perception that control units house "the worst of the worst," it is often the most
vulnerable prisoners, not the most violent, who end up in extended isolation.
AFSC's Healing Justice staff worked with 60 Minutes on the production of The
Death of Timothy Souders, a riveting testimony. Numerous studies have
documented the effects of solitary confinement on prisoners giving them the
name Special Housing Unit Syndrome or SHU Syndrome. Some of the many
SHU Syndrome symptoms include:
Visual and auditory hallucinations
Hypersensitivity to noise and touch
Insomnia and paranoia
Uncontrollable feelings of rage and fear
Distortions of time and perception
Increased risk of suicide
 PTSD
If one is not mentally ill when entering an isolation unit, by the time they are
released their mental health has been severely compromised. Many prisoners are
released directly to the streets after spending years in isolation. Because of this,
long-term solitary confinement goes beyond a problem of prison conditions, to
pose a formidable public safety and community health problem.

Solitary confinement violates basic human rights

Prison isolation fits the definition of torture as stated in several international
human rights treaties, and thus constitutes a violation of human rights law. For
example, theU.N. Convention Against Torture defines torture as any state-
sanctioned act by which severe pain or suffering, whether physical or mental, is
intentionally inflicted on a person for information, punishment, intimidation, or
for a reason based on discrimination.
For all these reasons for the safety of our communities, to respect our
responsibility to follow international human rights law, to take a stand against
torture wherever it occurs, and for the sake of our common humanity prison
isolation and segregation must end.

https://afsc.org/resource/solitary-confinement-facts

OP-ED COLUMNIST

Is Force-Feeding Torture?
By JOE NOCERA
Nearly four months into a hunger strike that has now spread to some two-thirds of the
detainees at the prison in Guantnamo Bay, Cuba, the question in this headline can no
longer be avoided.

Fundamentally, hunger strikes are a form of speech for prisoners who have no other way to
communicate their concerns. Hunger strikes give them the means to protest their
confinement and to send a message about that confinement. During the troubles in
Ireland, for instance, Irish Republican Army prisoners went on hunger strikes to protest
their detention by the British and some ended up being force-fed.

For decades, the international community, including the

International Red Cross, the World Medical Association
and the United Nations, have recognized the right of
prisoners of sound mind to go on a hunger strike. Force-
feeding has been labeled a violation on the ban of cruel,
inhuman and degrading punishment. The World Medical
Association holds that it is unethical for a doctor to
participate in force-feeding. Put simply, force-feeding
violates international law.
Whatever triggered the hunger strike at Guantnamo
the detainees say that the military had begun searching
their Korans and instituted a series of harsh new
measures, which the military denies the underlying
issue is that the detainees are in despair of ever getting
out. Many of them, including 56 men from Yemen, have
been cleared to leave the prison by a committee of top
national security officials. But thanks to a combination
of Congressional actions taken during the past few years,
and the timidity of President Obama, they remain in
Guantnamo with no end in sight. The hunger strike has
been their way of reminding the world of their continued
imprisonment, and it has worked brilliantly. One wonders
whether President Obama would have even mentioned
Guantnamo in his big national security speech last week
if not for the hunger strikers.
The military claims that it is force-feeding the detainees in
order to keep them safe and alive. According to The Miami
Herald, about one-third of the detainees on strike at
least 35 men, though possibly more are being force-fed.
A handful are in the hospital.
But not long ago, Al Jazeera got ahold of a 30-page
document that detailed the standard operating procedures
used by the military to force-feed a detainee. The
document makes for gruesome reading: the
detainee shackled to a special chair (which looks like the
electric chair); the head restraints if he resists; the tube
pushed painfully down his nose; the half-hour or so of
ingestion of nutritional supplements; the transfer of the
detainee to a dry cell, where, if he vomits, he is strapped
back into the chair until the food is digested.
Detainees are also apparently given an anti-nausea drug
called Reglan, which has a horrible potential side effect if
given for more than three months: a disease called tardive
dyskinesia, which causes twitching and other
uncontrollable movements. This drug is very scary,
said Cori Crider, the legal director of Reprieve, a London-
based group that represents more than a dozen detainees.
My fear is that it is being administered without their
consent, she added. Although the military refuses to
discuss the use of Reglan or any aspect of force-feeding
thats a pretty safe bet.
The lawyers representing the detainees would like to file a
motion in federal court to stop the force-feeding, but there
is a Catch-22. They cant go to court without the consent of
their clients and thanks to another set of harsh, new
protocols, including the genital and anal searches I wrote
about last week, most clients are now refusing to talk to
their lawyers.
Even before the force-feeding procedures were leaked,
international organizations were protesting the practice.
The United Nations Office of the Commissioner for
Human Rightsreleased a statement in early May calling
the continued detention in Guantnamo a flagrant
violation of international human rights law and
categorizing the force-feeding at the prison as cruel,
inhuman and degrading. Dr. Steven Miles, a professor of
medicine and bioethics at the University of Minnesota,
who has done a great deal of research into the practice of
force-feeding, said: The persistence of the militarys
force-feeding policy in the face of international law, and
the manner in which it is done, constitutes torture.
Here is the most infuriating part. President Obama is on
record as saying that America should never practice
torture. He has also, of course, called for Guantnamo to
be closed down.
Without question, any effort he might make to shut down
the prison would be met with resistance in Congress; its
already begun. But the practice of force-feeding detainees,
which virtually every international body condemns as a
violation of international law and which they decry as
cruel and inhuman? He could stop that in a heartbeat,
with one call to the Pentagon.
After all, he is the commander in chief.
Isnt he?
http://www.nytimes.com/2013/06/01/opinion/nocera-is-force-feeding-torture.html?_r=0