5cjxburmr

10.27.3 No Repetition of Punishment. No internee may be punished more than once forthe same act, or on the same count. 44710.27.4 Penalties Imposed on Internees. The courts or authorities shall, in passingsentence, take as far as possible into account the fact that the defendant is not a national of theDetaining Power. 448 They shall be free to reduce the penalty prescribed for the offense withwhich the internee is charged and shall not be obliged, to this end, to apply the minimumsentence prescribed. 44910.27.4.1 Prohibited Penalties. Imprisonment in premises without daylight and,in general, all forms of cruelty without exception are forbidden. 450Collective punishments of internees are also prohibited. 45110.27.4.2 Deduction From Penalty for Duration of Preventive Detention. Theduration of preventive detention undergone by an internee shall be deducted from anydisciplinary or judicial penalty involving confinement to which he or she may be sentenced. 45210.27.5 Treatment of Internees Who Have Served Sentences. Internees who have serveddisciplinary or judicial sentences shall not be treated differently from other internees. 45310.28 DISCIPLINARY PROCEEDINGS AND PUNISHMENTIn addition to the general principles applicable to the punishment of internees, thefollowing rules address disciplinary proceedings and punishment.10.28.1 Internment Camp Authorities Who May Order Disciplinary Punishment.Without prejudice to the competence of courts and higher authorities, disciplinary punishmentmay be ordered only by the commandant of the place of internment, or by a responsible officeror official who replaces him or her, or to whom the commandant has delegated his or herdisciplinary powers. 454 The delegation of disciplinary authorities by the commandant, however,447 GC art. 117 (“No internee may be punished more than once for the same act, or on the same count.”).448 GC art. 118 (“The courts or authorities shall in passing sentence take as far as possible into account the fact thatthe defendant is not a national of the Detaining Power.”).449 GC art. 118 (“They shall be free to reduce the penalty prescribed for the offence with which the internee ischarged and shall not be obliged, to this end, to apply the minimum sentence prescribed.”).450 GC art. 118 (“Imprisonment in premises without daylight and, in general, all forms of cruelty without exceptionare forbidden.”).451 Refer to § 10.5.3.2 (Collective Penalties and Measures of Intimidation or Terrorism).452 GC art. 118 (“The duration of preventive detention undergone by an internee shall be deducted from anydisciplinary or judicial penalty involving confinement to which he may be sentenced.”).453 GC art. 118 (“Internees who have served disciplinary or judicial sentences shall not be treated differently fromother internees.”).454 GC art. 123 (“Without prejudice to the competence of courts and higher authorities, disciplinary punishment maybe ordered only by the commandant of the place of internment, or by a responsible officer or official who replaceshim, or to whom he has delegated his disciplinary powers.”).708