10.07.2015 Views

5cjxburmr

5cjxburmr

5cjxburmr

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

does not absolve the commandant of his or her own responsibility and of his or her duty ofsupervision. 45510.28.2 Confinement of Internees Awaiting Trial. Acts that constitute offenses againstdiscipline shall be investigated immediately. 456 This rule shall be applied, in particular, in casesof escape or attempt to escape. 457 Recaptured internees shall be handed over to the competentauthorities as soon as possible. 458 Competent authorities are those directly responsible for theperson concerned before the escape and who are entitled to direct that the internee receive adisciplinary punishment. 459In cases of offenses against discipline, confinement awaiting trial shall be reduced to anabsolute minimum for all internees, and shall not exceed fourteen days. 460 Although the words“awaiting trial” are used in the GC, the GC does not require that this period of investigationbefore the disciplinary proceedings have the complicated character of pre-trial discovery andinvolve motions, for example, as in the judicial context. 461The provisions of Articles 124 and 125 of the GC shall apply to internees who are inconfinement awaiting trial for offenses against discipline. 462 Thus, the conditions of anyconfinement before the trial should be at least as good as those afforded internees who areconfined as part of disciplinary punishment. 463455 GC COMMENTARY 490 (“In very large places of internment, however, the need to place before the commandantevery case involving disciplinary punishment would lead to delays and complications. The Government Experts hadalready noted this and, at their suggestion, the Stockholm Draft included a provision that disciplinary powers couldbe delegated. This delegation of powers, authorized in the paragraph under discussion, does not however absolvethe commandant from his own responsibility nor his duty of supervision. Since, under Article 99, he is responsiblefor the application of the Convention, he assumes responsibility for any abuses of which his subordinates mightbecome guilty in exercising the disciplinary power he has delegated to them.”).456 GC art. 122 (“Acts which constitute offences against discipline shall be investigated immediately.”).457 GC art. 122 (“This rule shall be applied, in particular, in cases of escape or attempt to escape.”).458 GC art. 122 (“Recaptured internees shall be handed over to the competent authorities as soon as possible.”).459 See GC COMMENTARY 488 (“With regard to handing over the recaptured internee to the ‘competent’ authorities,this text should be compared with paragraph 2 of Article 92 of the Third Convention, which provides that anescaped prisoner of war must be handed over to the competent military authorities. In both cases the competentauthorities are those directly responsible for the person concerned before the escape-i.e. either the campcommandant (or the commander of the labour detachment), or the commandant of the place of internment. In short,the competent authority is the authority entitled to inflict a disciplinary punishment on the internee.”).460 GC art. 122 (“In case of offences against discipline, confinement awaiting trial shall be reduced to an absoluteminimum for all internees, and shall not exceed fourteen days.”).461 See GC COMMENTARY 488 (“While an investigation to establish the facts must always precede the infliction of apunishment, it will not in this case have the complicated character of a judicial enquiry.”).462 GC art. 122 (“The provisions of Articles 124 and 125 shall apply to internees who are in confinement awaitingtrial for offences against discipline.”). Refer to § 10.28.6 (Conditions for Internees Serving DisciplinaryPunishments).463 See GC COMMENTARY 489 (“This solution, moreover, is logical and conforms to the traditional procedure inpenal matters. Deprivation of liberty while awaiting trial indeed takes place before the guilt of the accused has beenestablished. Detention must not, therefore, be harsher for a man who is merely accused than for a guilty person.”).709

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!