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The foregoing shall not prejudice such special agreements as may be concluded betweenparties to the conflict concerning the exchange and repatriation of their nationals in enemyhands. 129Protected persons who are confined pending proceedings or serving a sentence involvingloss of liberty shall be treated humanely during their confinement. 130 As soon as they arereleased, they may ask to leave the territory in conformity with Articles 35 and 36 of the GC. 13110.8.3 Transfers of Protected Persons From a Belligerent’s Home Territory.10.8.3.1 Requirements for Transfer. Protected persons shall not be transferred toa Power that is not a Party to the GC. 132 This provision shall in no way constitute an obstacle tothe repatriation of protected persons, or to their return to their country of residence after thecessation of hostilities. 133Protected persons may be transferred by the Detaining Power only to a Power that is aParty to the GC and after the Detaining Power has satisfied itself of the willingness and ability ofsuch receiving Power to apply the GC. 134In no circumstances shall a protected person be transferred to a country where he or shemay have reason to fear persecution for his or her political opinions or religious beliefs. 135 Inaddition, U.S. policy provides that no detainee shall be transferred to another State if it is morelikely than not that the detainee would be tortured in the receiving country. 136The provisions of Article 45 of the GC do not constitute an obstacle to the extradition,under extradition treaties concluded before the outbreak of hostilities, of protected personsaccused of offenses against ordinary criminal law. 137129 GC art. 36 (“The foregoing shall not prejudice such special agreements as may be concluded between Parties tothe conflict concerning the exchange and repatriation of their nationals in enemy hands.”).130 GC art. 37 (“Protected persons who are confined pending proceedings or serving a sentence involving loss ofliberty, shall during their confinement be humanely treated.”).131 GC art. 37 (“As soon as they are released, they may ask to leave the territory in conformity with the foregoingArticles.”).132 GC art. 45 (“Protected persons shall not be transferred to a Power which is not a party to the Convention.”).133 GC art. 45 (“This provision shall in no way constitute an obstacle to the repatriation of protected persons, or totheir return to their country of residence after the cessation of hostilities.”).134 GC art. 45 (“Protected persons may be transferred by the Detaining Power only to a Power which is a party to thepresent Convention and after the Detaining Power has satisfied itself of the willingness and ability of such transfereePower to apply the present Convention.”).135 GC art. 45 (“In no circumstances shall a protected person be transferred to a country where he or she may havereason to fear persecution for his or her political opinions or religious beliefs.”).136 Refer to § 8.14.4.1 (U.S. Policy Prohibiting Transfers in Cases in Which Detainees Would Likely Be Tortured).137 GC art. 45 (“The provisions of this Article do not constitute an obstacle to the extradition, in pursuance ofextradition treaties concluded before the outbreak of hostilities, of protected persons accused of offences againstordinary criminal law.”).666

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