Geneva Convention (III)

 

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
International 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
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 71.

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.

 

Author: international