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301. P.W. Artiole 49 (48) The 1929 Prisoners of War Convention provides that a prisoner of war having undergone his judicial punishment, shall then not be treated differently from other prisoners of war; pagsoners of war after punishment for attempted d

but allows for "regimes of 283 18" for

302. The 1947 Geneva Conference of Government Experts recommended additional provision that a "regime of surveillance" (see paragraph 301 above) should not affect a prisoner's physical or mental well- being and should be carried out only in a prisoner of war camp. iny Committee recommend that the United Kingdom delegation to a future International Conference should support this recommendation. (C.R.G.C./M (48)10, Item 72(g) and 82)

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303. P.W. Article 50 (49 paragraph 1)* The 1929 Prisoners of Convention prohibits deprivation of rank by a Detaining Power. The 1947 Geneva Conference of Government Experts recommended that this provision should cover badges of rank also; and my Committee recommend approval of this recommendation and that it be extended Ito cover badges of nationality also. (C. R. G. C. /M (48) 10, Item 72(n))

304. P.W. Article 51 (52 paragraph 1)* requires "the greatest leniency" in considering whether an offence shall be dealt with disciplinarily or judicially, particularly for offences in connection with escapes. The 1947 Geneva Conference of Government Experts recommended that the provision regarding offences in jconnection with escapes should be expanded. My Committee recommend

approval of this recommendation. (. R. G. G. (46) 10, Item 72(k)

305. P.W. Article 52 (67)+ prohibits deprivation of rights of complaint (see Article 42) and

P.W. Article 53 (52 paragraph_2)+ punishment more than once for the same offence, No questions arise on either of these Articles.

Disciplinary Provisions

306. P.W. Article 54 (47 paragraph 1)* The 1929 Prisoners of war Convention provides for a statement of relevant facts to be given in writing to a prisoner of war accused of a breach of discipline, and for the period in custody pending investigation to be reduced to a minimum. The 1947 Geneva Conference of Government Experts recommended certain additional provisions to protect a prisoner of war during the period in custody pending investigation and decision of the case. My Committee recommend approval of these recommend- ations; and that the United Kingdom delegation to a future Inter- national Conference should propose that a record of disciplinary punishments awarded should be maintained by Camp. Commandants and that it should be open to inspection by the Protecting Power. (C.R.G.C./M(48)10, Item 73)

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307. P.W. Article 55 (59)*+ The 1929 Prisoners of war Convention limits exercise of disciplinary powers to a Camp Commandant or the officer acting as his substitute. The 1947 Geneva Conference of Government Experts recommended that it should be made clear that the substitute must be an officer; that disciplinary powers could not be delegated to prisoners of war; and that detailed provisions should be added ensuring adequate opportunity to defend himself to the accused prisoner of war, and for the Camp Leader to be present. My Committee recommend approval of these recommend- ations. (C.R.G.C./M(48)10, Item' 73)

308. P.. Article 56 (50)+ The 1929 Frisoners of war Convention provides for disciplinary punishment only for an unsuccessful escape; and prohibits punishment for a successful escape, if subsequently taken prisoner of war again. The 1947 Geneva Conference of Government Experts recommended

(a)

that a definition of "successful escape" be embodied in the article;

Page 283t it include a prohibitinage 283f88e of arms

except to prevent escape or enforce order; and then only as a last resort and after warning.

+ see paragraph: 294

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138

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My Committee recommend that the United Kingdom delegation to future International Conference should support these recommendations; and that a prisoner of war should be considered ascessfully escaped age 284 of 488

(a) on his reaching territory not occupied by the

Detaining Power or any of its allies;

(b) on rejoining his own armed forces or those of

an Allied Power;

(o) on reaching the high seas;

(á)

on boarding, in the territorial waters of the Detaining Power, a merchant vessel or warship flying the flag of his own country or of an Allied Power, and which is not under the command of the Detaining Power.

(C. R. G. C./M (48)10, Item 74)

309. P.W. Artiole 57 (51) provides that attempted escape shall not be aggravation of a charge for offences against person or property; and that comrades assisting an escape or attempted escape shall be liable to disciplinary punishment only. No questions arise on this Article.

310. P.W. Article 58 (54)* The 1929 Prisoners of war Conventical provides that imprisonment is the most severe disciplinary punishment, 30 days is the maximum punishment, even if charged at the same time with more than one offence, and that at least 3 days must elapse between any two sentences for 10 days or more. No questions arise on this Article.

311. P.W. Article 59 (49(2), 56(4), 57(1), 58) These scattered provisions of the 1929 Prisoners of War Convention deal with rights of prisoners of war undergoing disciplinary punishment. My Committee recommend that they should be consolidated into one Article as set out below, (b) and (f) being new provisions:-

"Prisoners of war will be accorded the following rights

even when undergoing disciplinary punishment:-

(a)

they shall not be deprived of the privileges of their rank: in particular, officers and persons of equivalent status who suffer penalties entailing deprivation of liberty shall not be placed in the same premises as non-commissioned officers or private soldiers undergoing punishment;

(b) they shall be entitled to transmit complaints to,,

and to be visited on demand by the Protecting Power;

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(0) they shall have facilities every day for taking

exercises or for remaining out of doors for at least two hours;

(a) they shall be permitted to read and write and to

send and receive letters;

(0) they shall be permitted at their request to present

themselves for daily medical inspection. They shall receive such medical attention as their health requires and if need be shall be evacuated to a camp infirmary or to hospital;

(f)

they shall be permitted to attend divine services in accordance with the tenets of their faith."