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"ЖЕНЕВСКАЯ КОНВЕНЦИЯ ОБ ОБРАЩЕНИИ С ВОЕННОПЛЕННЫМИ" [рус., англ.] (Вместе с "ТИПОВЫМ СОГЛАШЕНИЕМ ПО ВОПРОСУ О НЕПОСРЕДСТВЕННОЙ РЕПАТРИАЦИИ И ГОСПИТАЛИЗАЦИИ В НЕЙТРАЛЬНОЙ СТРАНЕ РАНЕНЫХ И БОЛЬНЫХ ВОЕННОПЛЕННЫХ", "ПОЛОЖЕНИЕМ О СМЕШАННЫХ МЕДИЦИНСКИХ КОМИССИЯХ", "ПРАВИЛАМИ, КАСАЮЩИХСЯ КОЛЛЕКТИВНЫХ ПОСЫЛОК ПОМОЩИ ВОЕННОПЛЕННЫМ" и "ТИПОВЫМИ ПРАВИЛАМИ, КАСАЮЩИХСЯ ДЕНЕЖНЫХ ПЕРЕВОДОВ...") (Заключена в г. Женеве 12.08.1949)





ties of the Detaining Power shall take into consideration, to the widest extent possible, the fact that the accused, not being a national of the Detaining Power, is not bound to it by any duty of allegiance, and that he is in its power as the result of circumstances independent of his own will. The said courts or authorities shall be at liberty to reduce the penalty provided for the violation of which the prisoner of war is accused, and shall therefore not be bound to apply the minimum penalty prescribed.
Collective punishment for individual acts, corporal punishment, imprisonment in premises without daylight and, in general, any form of torture or cruelty, are forbidden.
No prisoner of war may be deprived of his rank by the Detaining Power, or prevented from wearing his badges.

Article 88

Officers, non-commissioned officers and men who are prisoners of war undergoing a disciplinary or judicial punishment, shall not be subjected to more severe treatment than that applied in respect of the same punishment to members of the armed forces of the Detaining Power of equivalent rank.
A woman prisoner of war shall not be awarded or sentenced to a punishment more severe, or treated whilst undergoing punishment more severely, than a woman member of the armed forces of the Detaining Power dealt with for a similar offence.
In no case may a woman prisoner of war be awarded or sentenced to a punishment more severe, or treated whilst undergoing punishment more severely, than a male member of the armed forces of the Detaining Power dealt with for a similar offence.
Prisoners of war who have served disciplinary or judicial sentences may not be treated differently from other prisoners of war.

II. Disciplinary Sanctions

Article 89

The disciplinary punishments applicable to prisoners of war are the following:
1. A fine which shall not exceed 50 per cent of the advances of pay and working pay which the prisoner of war would otherwise receive under the provisions of Articles 60 and 62 during a period of not more than thirty days.
2. Discontinuance of privileges granted over and above the treatment provided for by the present Convention.
3. Fatigue duties not exceeding two hours daily.
4. Confinement.
The punishment referred to under (3) shall not be applied to officers.
In no case shall disciplinary punishments be inhuman, brutal or dangerous to the health of prisoners of war.

Article 90

The duration of any single punishment shall in no case exceed thirty days. Any period of confinement awaiting the hearing of a disciplinary offence or the award of disciplinary punishment shall be deducted from an award pronounced against a prisoner of war.
The maximum of thirty days provided above may not be exceeded, even if the prisoner of war is answerable for several acts at the same time when he is awarded punishment, whether such acts are related or not.
The period between the pronouncing of an award of disciplinary punishment and its execution shall not exceed one month.
When a prisoner of war is awarded a further disciplinary punishment, a period of at least three days shall elapse between the execution of any two of the punishments, if the duration of one of these is ten days or more.

Article 91

The escape of a prisoner of war shall be deemed to have succeeded when:
1. he has joined the armed forces of the Power on which he depends, or those of an allied Power;
2. he has left the territory under the control of the Detaining Power, or of an ally of the said Power;
3. he has joined a ship flying the flag of the Power on which he depends, or of an allied Power, in the territorial waters of the Detaining Po



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