Geneva Convention (IV)

CHAPTER XII

Release, Repatriation and Accommodation
in Neutral Countries

Art. 132. Each interned person shall be released by the Detaining Power as
soon as the reasons which necessitated his internment no longer exist.

The Parties to the conflict shall, moreover, endeavour during the course of
hostilities, to conclude agreements for the release, the repatriation, the
return to places of residence or the accommodation in a neutral country of
certain classes of internees, in particular children, pregnant women and
mothers with infants and young children, wounded and sick, and internees
who have been detained for a long time.

Art. 133. Internment shall cease as soon as possible after the close of
hostilities.

Internees in the territory of a Party to the conflict against whom penal
proceedings are pending for offences not exclusively subject to
disciplinary penalties, may be detained until the close of such proceedings
and, if circumstances require, until the completion of the penalty. The
same shall apply to internees who have been previously sentenced to a
punishment depriving them of liberty.

By agreement between the Detaining Power and the Powers concerned,
committees may be set up after the close of hostilities, or of the
occupation of territories, to search for dispersed internees.

Art. 134. The High Contracting Parties shall endeavour, upon the
Repatriation close of hostilities or occupation, to ensure the return of
all internees to their last place of residence, or to facilitate their
residence repatriation.

Art. 135. The Detaining Power shall bear the expense of returning released
internees to the places where they were residing when interned, or, if it
took them into custody while they were in transit or on the High Seas , the
cost of completing their journey or of their return to their point of
departure.

Where a Detaining Power refuses permission to reside in its territory to a
released internee who previously had his permanent domicile therein, such
Detaining Power shall pay the cost of the said internee’s repatriation. If,
however, the internee elects to return to his country on his own
responsibility or in obedience to the Government of the Power to which he
owes allegiance, the Detaining Power need not pay the expenses of his
journey beyond the point of his departure from its territory. The Detaining
Power need not pay the cost of repatriation of an internee who was interned
at his own request.

If internees are transferred in accordance with Article 45, the
transferring and receiving Powers shall agree on the portion of the above
costs to be borne by each.

The foregoing shall not prejudice such special agreements as may be
concluded between Parties to the conflict concerning the exchange and
repatriation of their nationals in enemy hands.

SECTION V

Information Bureaux and Central Agency

Art. 136. Upon the outbreak of a conflict and in all cases of occupation,
each of the Parties to the conflict shall establish an official Information
Bureau responsible for receiving and transmitting information in respect of
the protected persons who are in its power.

Each of the Parties to the conflict shall, within the shortest possible
period, give its Bureau information of any measure taken by it concerning
any protected persons who are kept in custody for more than two weeks, who
are subjected to assigned residence or who are interned. It shall,
furthermore, require its various departments concerned with such matters to
provide the aforesaid Bureau promptly with information concerning all
changes pertaining to these protected persons, as, for example, transfers,
releases, repatriations, escapes, admittances to hospitals, births and
deaths.

Art. 137. Each national Bureau shall immediately forward information
concerning protected persons by the most rapid means to the Powers in whose
territory they resided, through the intermediary of the Protecting Powers
and likewise through the Central Agency provided for in Article 140. The
Bureaux shall also reply to all enquiries which may be received regarding
protected persons.

Information Bureaux shall transmit information concerning a protected
person unless its transmission might be detrimental to the person concerned
or to his or her relatives. Even in such a case, the information may not be
withheld from the Central Agency which, upon being notified of the
circumstances, will take the necessary precautions indicated in Article
140.

All communications in writing made by any Bureau shall be authenticated by
a signature or a seal.

Art. 138. The information received by the national Bureau and transmitted
by it shall be of such a character as to make it possible to identify the
protected person exactly and to advise his next of kin quickly. The
information in respect of each person shall include at least his surname,
first names, place and date of birth, nationality last residence and
distinguishing characteristics, the first name of the father and the maiden
name of the mother, the date, place and nature of the action taken with
regard to the individual, the address at which correspondence may be sent
to him and the name and address of the person to be informed.

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

Art. 139. Each national Information Bureau shall, furthermore, be
responsible for collecting all personal valuables left by protected persons
mentioned in Article 136, in particular those who have been repatriated or
released, or who have escaped or died; it shall forward the said valuables
to those concerned, either direct, or, if necessary, through the Central
Agency. Such articles shall be sent by the Bureau in sealed packets which
shall be accompanied by statements giving clear and full identity
particulars of the person to whom the articles belonged, and by a complete
list of the contents of the parcel. Detailed records shall be maintained of
the receipt and despatch of all such valuables.

Art. 140. A Central Information Agency for protected persons, in particular
for internees, 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, which may be the same
as that provided for in Article 123 of the Geneva Convention relative to
the Treatment of Prisoners of War of 12 August 1949.

The function of the Agency shall be to collect all information of the type
set forth in Article 136 which it may obtain through official or private
channels and to transmit it as rapidly as possible to the countries of
origin or of residence of the persons concerned, except in cases where such
transmissions might be detrimental to the persons whom the said information
concerns, or to their relatives. It shall receive from the Parties to the
conflict all reasonable 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 and
of the relief Societies described in Article 142.

Art. 141. The national Information Bureaux and the Central Information
Agency shall enjoy free postage for all mail, likewise the exemptions
provided for in Article 110, and further, so far as possible, exemption
from telegraphic charges or, at least, greatly reduced rates.

Author: international