ANNEX A
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Article 6 of the General Provisions of the Convention on Acts and Interests
1.
There is hereby established a Mixed Board (referred to in this Article as "the Board"). The task of the Board will be, without calling in question the validity of the convictions, to make recommendations for the termination or reduction of sentence, or for parole, in respect of persons convicted by a tribunal of an Allied Power of crimes against humanity or against the laws and usages of war or of crimes committed during the war, commonly referred to as "war crimes", and confined by the Three Powers in prisons in the Federal Republic on the entry into force of the present Convention.
2.
The Board shall consist of six members, of whom three shall be appointed by the Federal Republic and one by each of the Three Powers. The members of the Board shall be independent persons not exercising other official functions except as a judge or university teacher and not subject to instructions of the appointing Governments in formulating their recommendations. No person may be appointed who has participated in any manner in any war crimes trial.
30 (a) The right to terminate or reduce sentences and to grant parole in respect of persons referred to in paragraph 1 of this Article shall be exercisable by the Power which imposed the sentence.
(b) The right shall not be exercised unless the Board has previously made a recommendation. A unanimous recommendation of the Board shall be binding upon the Power which imposed the sentence.
(c) Save on matters dealt with in paragraphs 5 and 8 of this Article the Board shall act only at the request of one of the Four Governments relating to a particular case or on the receipt of a petition by or on behalf of a person referred to in paragraph 1.
4.
The Three Powers retain the rights heretofore held and exercised by them relating to the custody and carrying out of the sentences of the persons referred to in paragraph 1 of this Article and will continue to exercise such rights until the Federal Republic is in a position to accept the custody of such persons.
5.
The Federal Republic undertakes that at the time when the Three Powers transfer custody of the persons referred to in paragraph 1 of this Article to it, it will continue to confine such persons for the remainder of their sentences as then in effect or as thereafter modified by the procedure provided in this Article, under the same conditions that govern their detention on the date of such transfer of custody. Changes in those conditions after such date shall be made only in accordance with decisions of the Board. In these matters the Board's decisions shall be final.
6.
After the Board has been constituted, its members shall have free access to the institutions in which the persons referred to in paragraph 1 are confined and to such persons themselves.
7.
The Board shall act by the vote of a majority of its
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of interruption of sentences on compassionate or other grounds and to grant releases for good behaviour without reference to Governments, in accordance with rules of procedure which it may adopt.
9.
Notwithstanding the provisions of paragraphs 3 and 8 of this Article, and until the Board shall have commenced to function, each of the Three Powers may continue existing procedures with respect to reduction of sentences for good behaviour, release for good behaviour and interruption of sentence on compassionate or other grounds, without receiving any recommendation from the Board.
10.
The right of the Three Powers referred to in sub- paragraph (a) of paragraph 3 and in paragraph 4 of this Article, and, without prejudice to the provisions of sub-paragraph (b) of paragraph 3 and of paragraphs 6 and 8 thereof, action taken thereunder shall not be subject to the jurisdiction of the Arbitration Tribunal or of any other tribunal or court.
11.
The provisions of Article 7 of this Chapter shall not apply to the matters dealt with in this Article.
ANNEX B
Addition to Article 8 of the General Convention
2.
During the transitional period provided for in paragraph 4 of Article 6 of Part I of the Convention on Acts and Interests, the rights of the Three Powers retained under that paragraph shall be deemed to be included within the exceptions set forth in paragraph 1 of Article 1 of the present Convention.
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