''Schedule 3—Geneva Convention Relative to the Treatment of Prisoners of War of
August 12, 1949 CHAPTER III.—PENAL AND DISCIPLINARY SANCTIONS III. Judicial Proceedings, 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.
''Schedule 4—Geneva Convention Relative to the Protection of Civilian Persons in Time of War of August 12, 1949, SECTION III.—OCCUPIED TERRITORIES, ARTICLE 71''
No sentence shall be pronounced by the competent courts of the Occupying
Power except after a regular trial.
Accused persons who are prosecuted by the Occupying Power shall be
promptly informed, in writing, in a language which they understand, of the
particulars of the charges preferred against them, and shall be brought to trial as
rapidly as possible. The Protecting Power shall be informed of all proceedings
instituted by the Occupying Power against protected persons in respect of
charges involving the death penalty or imprisonment for two years or more; it
shall be enabled, at any time, to obtain information regarding the state of such
proceedings. Furthermore, the Protecting Power shall be entitled, on request, to
be furnished with all particulars of these and of any other proceedings instituted
by the Occupying Power against protected persons.
The notification to the Protecting Power, as provided for in the second
paragraph above, shall be sent immediately, and shall in any case reach the
Protecting Power three weeks before the date of the first hearing. Unless, at the
opening of the trial, evidence is submitted that the provisions of this Article are
fully complied with, the trial shall not proceed. The notification shall include
the following particulars:
(a) description of the accused;
(b) place of residence or detention;
(c) specification of the charge or charges (with mention of the penal
provisions under which it is brought);
(d) designation of the court which will hear the case;
(e) place and date of the first hearing.
1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:
(a) To be informed promptly and in detail of the nature, cause and content of the charge, in a language which the accused fully understands and speaks;