CAB129-33 — Page 284

(C.R.G.C./.... (48) at 7 7 9 4 88

Item 28

-+-

see paragraph 294

- 59 -

312. P.. Artiole 60 (55) permits punishment diets for prisoners of war undergoing disciplinary punishment, but such diets are permissible "only if the state of the prisoner's health permits". The 1947 Geneva Bangerh5e6f88vernment Experts were Raght£5abb48&his Article, but these powers have been found necessary in dealing with enemy prisoners of war in United Kingdom hands during the Second World War.

313. My Committee therefore recommend

(a)

(b)

retention of permission for use of punishment diets;

that, to protect British prisoners of war in enemy hands, the United Kingdom delegation to a future International Conference should seek to introduce a minimum standard based on the punishment diets auth- orised in the United Kingdom.

(C.R.G. C. /M (48)13, Item 97(o))

314. P.W. Article 61 is a new Article setting out permissible disciplinary punishments. The 1947 Geneva Conference of Government Experts recommended that such an Article should be embodied in a ,new Convention, but did not propose any particular text. My

Committee recommend that the United Kingdom delegation to a future International Conference should propose:-

(a) that disciplinary punishments should be limited to

one of the following:-

(i) forfeiture of pay not exceeding 14 days pay

(see paragraph 108(b) above);

(ii) imprisonment under Article 58 (see paragraph

310 above);

(iii) fatigue duties over and above the prisoner's normal work, not exceeding 2 hours a day for

་

14 consecutive days: officers and non-

commissioned officers not to be subjected to this punishment;

A

(b) prisoners of war undergoing imprisonment may be

deprived of the right to smoke and make purchases at the canteen; unless they are officers or senior non-commissioned officers they may be employed on normal work without pay, for the Detaining Power but not for a private employer, for periods not exceeding 9 hours a day, unless they are on a punishment diet (see paragraph 313 above) or are certified by a medical officer as unfit for work;

(c) prisoners of war who commit an offence whilst under-

going disciplinary punishment may be awarded punishment diet (see paragraph 313 above).

(C. K. G. C. /M (48) 13, Item 97(c))

315. P.. Article 62 (56, paragraphs 1, 2 and 3) The 1929 Prisoners of War Convention lays down that disciplinary punishments must not be carried out in prisons, and that the places where they are carried out must conform to hygienic requirements. My Committee, following ,generally the recommendations of the 1947 Geneva Conference of Government Experts, recommend revision of this Article to ensure that disciplinary punishments are carried out only in prisoners of war camps, that hygienic and other requirements of health are met,

but that and that sentences should run from the date of the award; if other delegations, at a future International Conference, press For provision to be made for an interval between award and commence- Inent of sentence, the United Kingdom delegation should accept the recommenaart88947 Conference that the agendfsgld not

hold exceed one month. Apparently there was, sometimes in Germany during the Second World War, a queue of sentenced prisoners of war awaiting

+ see paragraph 294

60

1

382.

enquiry to be settled between the belligerents, perhaps with the assistance of the Protecting Powers, at the time.