The complaint has been investigated and
resolved to the customer's satisfaction
Resolved
COLLECTIVE POS - woodbridge base creditcard processing company — Wrongful charges, not providing services with 30days results chargeback on the account

S

These message for all businesses who use creditcard processing services, please be careful with COLLECTIVE POS Canadian base creditcard processing company.

They just access your bank account and charge unreasonable.

Responses

  • Mi
    mike Apr 01, 2009

    My experience with collective pos was horrible. They promise savings then steal lots of money from your bank account when you try and cancel service with legitamate complaints thay charge you a 500 dollar cancelation fee.
    BEWARE CROOKS

    0 Votes
  • Mi
    mike Apr 01, 2009

    ### COLLECTIVE POS

    0 Votes
  • Mi
    mike Apr 01, 2009

    DONT USE COLLECTVE POS

    0 Votes
  • Mi
    mike Apr 01, 2009

    I do not recomend these crooks they want to steal your hard earned money! i probably lost close to $2500 in 3 months with this company!

    0 Votes
  • Mi
    mike Apr 01, 2009

    Dont use colective pos for your visa and mastercard terminal

    0 Votes
  • Xo
    xox Apr 09, 2009

    This company is really out for your hard earned money and customer service is crap.

    The only service I got from them was to process transactions with embedded service amounts which they had never discussed with us and when we requested to had it removed, they charged us for more for administration fee (for what? for reversing the amount they wrongfully took) and when we tried to cnacel their service, they indeed charge you a 500 dollar cancelation fee.

    The best $500 worth of service received ever from them... the prize you pay finally getting away from WORST & crappy services provided by them, keeping your sanity intact and keeping your blood level to a norm.

    Beware when planning to enter a business relationship with them.

    XO

    0 Votes
  • Sa
    sandy Apr 17, 2009

    COMPLAINS RELATED TO COLLECTIVE POS DAY TO DAY RUNNING OPERATIONS -

    You guys make false promise, and over 30 days happen because your company cannot provide within 30days time period.

    You company should be Shut down from the constumer board, as we have ask 20 or 30 unclose transaction, which is not been process by your machine, your staff member keep it more than 30 days and went on maternity leave, being follow up on those transaction, one responsible person admitted your company fault and try to get information from your parent company. As your company is a middle company and another company do your processing for you.

    As delay happen from your staff and you(Michael M. and other level BLAMES ON THE CUSTOMER...if you think you are responsible company. Should honor your SALES REP. John Sbrollra committment, not offering changes to original Contract and Ask the Customer to Modify.

    As your Rep. admit that your company wants to make more money, if Customer is doing less business, you will penalised Customer with all additional cost without informing the customer. SHAME ON YOU GUYS... I wish somebody will teach you guys lesson!

    As your Management Staff is not honest people. Hope GOD will do something with your company.

    Just waiting to see the GOD time!

    0 Votes
  • Qu
    quicksushi May 06, 2009

    It is horrible company.
    They took the money as much as they want from the pre-authorized debit account.
    Recently I stopped to use their service which I have contracted 4 years ago for 3 year.
    They took the money $525 from my bank account.
    I found the same day on the internet and rejected the transaction. They failed to steal the money.

    Last November in 2008 the machine was out of order and I received another used same machine.
    Before I returned the broken machine, in December they took the money of $99 already for the " un-returned machine" they said.
    I requested the money back, they won't do that.

    What kind of people they are?

    We need investigatin the fraud company.

    0 Votes
  • Qu
    quicksushi May 08, 2009

    Please leave the fraud cases of CollectivePOS at
    www.AntiCollectivePos.ca

    0 Votes
  • Qu
    quicksushi May 08, 2009

    Correction
    Leave the fraud cases of CollectivePOS at http://AntiCollectivePOS.ca

    0 Votes
  • Qu
    quicksushi May 09, 2009

    Fraud report
    at Ontario Provincial Police
    http://www.opp.ca/Organization/InvestigationsOrganizedCrime/opp_000605.html

    0 Votes
  • Qu
    quicksushi May 09, 2009

    CollectivePos is the sales rep of US company Heartland Payment

    http://www.heartlandpaymentsystems.com/Locations/

    0 Votes
  • Bo
    bob Jun 17, 2009

    The government should go after these guys - they are scammers i worked there and i know first hand. It should be shut down. I sold several terminals for them and they never paid me. The clients i sold them to wanted to kill me as they got scammed and overcharged. They are crooks and dont care. This processor is a scam. watch out - run away if you see them coming. The sales people are not to blame = they hire you promise you big bucks and tell you lies about the rates and charges - then you find out your customers get over charged and if you try to stick up for your customers you get forced out. very high employee turnover. by the time you figure out there crooks they want you gone. Be aware - merchants and sales people avoid this mess.

    They are stealing money from merchants and getting sales people to work for nothing. I dont know how this can be going on in a country like this that has laws. The government should shut them down.
    They make make the whole industry look bad -- there are great honest companys out there with honest reps and they make it hard for them to be trusted.

    1 Votes
  • Th
    Thormyn Jun 29, 2009
    This comment was posted by
    a verified customer
    Verified customer

    I could just kick myself in the head for not reading this first!Everything that's been complaint about is true. They took first and last month of terminal rent up front from my account(i was never told about that) then on the first of the next month(15 days later) they took another month rent, so now within only 15 days they had taken nearly $120 already.Then I told the rep that I did not like the way the settlement looked, everything was messed up and it took me a long time to sort things out and he said that I have to go to their website and print out my report, he failed to mention that this did not include interac.But he also said that if iI did not like the service I could cancel it.BULL!After I cancelled it and sent the POS machine back(registered $ 20.00) to the adress that was on the box it came in they sent it back saying I had to sent it to the states.After that I received the request for the infamous $500 cancellation fee.Do I really have a choice not paying it or am I better off to pay it and get rid of the problem?

    0 Votes
  • Po
    pos honest Jul 20, 2009

    As a rep in the industry, I had experience with this entity as dishonest. I am still short earnings for the one sale I did for them. I have replaced them on many occasions and have many new clients who are glad to be rid of them. Contact me at [protected]@gmail.com
    I can reset the terminal you bought, give you fair rates and honest service.

    0 Votes
  • Tr
    trvelingsoles Aug 11, 2009

    I too could just kick myself for not finding this page before signing up with collective pos. The problems and headaches since July 20/09 has been horrendous. I won't go into detail as you would all need a day to read them...lol. Anyway I have ceased all activities with them effectve August 10/09. I am also sending back the terminal and want nothing more to do with them. I regret the day I contacted them. I am sure they will be in touch with me as the contract has been broken but I will fight it all the way. I did tell them that I would be in touch with my lawyer plus the media !!! I am not going down without a fight. If anyone wants to exchange email addresses and email me about them I have no probs with that. You can get in touch with m at [protected]@gmail.com

    Thanks for allowing me to vent...

    0 Votes
  • Cd
    CD1 Aug 16, 2009

    My name is Clive and for as long as I have been associated with Collective, I have not had one single complaint against either myself or the company.

    First I wish to provide the disclaimer that whatever I express here are my thoughts alone and in no way do I want to represent that I speak for the company or anyone else associated with it.

    I was referred to this board by a client of mine who read it and had concerns. When he told me about it, I also had some concerns and then I read the messages, looked into it and those concerns disappeared.

    A couple of the messages here are from sales people from competiors who think they are getting an edge by posting against the company. That alone should give you an idea as to the immaturity of the posters.

    This is not to say that some of the complaints are not legitimate as I have confirmed that as well. In the case of "Sandy", I spoke to the representative involved. I am sure that each has their side of the story and it is not my place to take sides but I thought I would mention it as I did not want anyone thinking that I was accusing all posts as being false.

    Here are some thoughts for the board:

    Some of the accusations about theft are just ridiculous. That is an illegal and reportable action if it was true. Please also keep in mind that such accusations are also slanderous and defamatory if untrue.

    That being said, the accusation may be a result of a misunderstanding or even a misrepresentation from the sales person .

    Just as I mentioned earlier that there were immature and/or incompetent sales people at competitor, I would guess that could be the same at Collective. If you were promised or told something by a representative and you do not see that reflected in your statements, call the company to discuss the situation. Ask for the Sales manager, not your sales representative to talk about a resolution to the matter.

    The fact is that in any company problems will arise. In the case of myself and my team, I can assure you that it won't be anyone misrepresenting the service as we look forward to two overriding relationship factors:

    The first is the longevity of the relationship with the client. When I sit in front of a prospective client, everything is put on the table because I am looking forward to a long term relationship and I know that whatever I tell them at our first meeting, I will have to stand by in the months and years to come.

    I should mention that there is also a flipside to the coin. If I believe that a prospective client thinks that I am lying or misrepresenting things to them even as I sit across from them, you can bet that that is not someone I want to do business with and I will excuse myself and leave, as I have once done. No use wasting my time and giving genesis to some potential headaches down the road.

    The second is the organic growth of the client base through referrals. No one is going to refer any of their colleagues or friends to me is they think I have misrepresented even the smallest thing when I spoke to them so it behooves me to ensure that each client understands everything and is happy to join us.

    Now, as I step off my soap box, I would like to mention one other thing. If for some reason you do not get satisfaction regarding any complaint you have, there is also the better business bureau to turn to.
    The company has a B+ rating there and in the last 36 months has received a total of 6 complaints, all of which were resolved.

    http://www.bbb.org/kitchener/business-reviews/bank-equipment-and-supplies/collective-point-of-sale-solutions-ltd-in-woodbridge-on-1134182#

    Posting on message board is nothing more but venting, ostensibly to try and "protect" other consumers. It gets you nowhere and most times it makes you look like a fool if you stoop to using vulgar phrases and epithets as at least one person here has done.

    If you're going to do post, at the very least post a method of contact you other than a generic hotmail/g-mail address so one can check the legitimacy of your comments. If you are after all posting some sort of contact information, one would assume that you don't mind being contacted.

    (In my case, call the company and ask for me or my e-mail address)

    Best,

    C

    -2 Votes
  • Rh
    r h Aug 16, 2009

    Collective POS are rip off artists. The salesman, John Sprolla led me down the garden path. He said that charges were minimal and then when I got voip they tacked on $26.00 a month extra and for what? Another company rep told me that is a bogus charge, just to make money for them. And their service is crap if you have a problem. They don't get it resolved quickly and if you want help to make your program better for you they don't respond, just keep billing your account. And the sales representative John Sprolla, when I asked him what all the charges would be he misled me. Did not tell me if you want to cancel within 5 years, they charge a penalty of $500.00. That is exorbidant and a court would likely strike it down.

    And they charged me the cancellation fee in my own name rather than my business just to try to intimidate me and put a big red sticker on the invoice that they use Dixon Commercial.

    Just very poor business people, stay clear of them.

    Best R.

    0 Votes
  • Sh
    Shadowof4 Aug 23, 2009

    I find "C"'s comment that Collective has a B+ rating at the Better Business Bureau a lie. I was just there and they had an F rating.

    0 Votes
  • Sh
    Shadowof4 Aug 23, 2009

    Ok. I have to retract that. It HAD an F rating just two months ago. I now see it does have a B+. That is reassuring. I apologize to "C"
    Now I just hope that when I call them tomorrow to discuss a whole page of complaints that they will be gracious to a tiny business.
    What are the chances.

    0 Votes
  • Bv
    BVW Aug 24, 2009

    Hello

    I am presently having a very bad problem with collective POS regarding charges they think I owe them.
    Last month I had a NSF on my monthly bill, I talked to Collective POS and they agreed not to collect the NSF in July.They charged be the regular amount then tacked on the $50.00 NSF charge on to my August bill for $109.00, the whole matter was partially my banks fault who at least dropped my NSF charge but POS insisted on billing me the next month and they did.
    Then I processed $200 last week and noticed the money was never deposited into my acccount, I contacted POS and now they insist I owe them $50 plus another $109.00 and they will not release my funds, no one bothered to e mail me or phone me they just took my money and I owe them nothing, I still do not have this problem resolved and I was in the middle of a big order for my company and was actually a couple hundred short on paying my supplier.
    Now I am doing the biggest show of the year and I lost a sale yesterday for $200.00 because the gentleman wanted to use his debit card, so really theyhave made things quite miserable, I can no longer trust them and cannot use the machine so they have totally let me down during the most crucial time when I really needed the machine these guys are either crooked or incompetent but either way stay away.

    B

    1 Votes
  • Sh
    Shadowof4 Sep 10, 2009

    CollectivePOS once again has a rating of F.

    1 Votes
  • Sh
    Shadowof4 Sep 10, 2009

    Sorry, went too fast. CollectivePOS once again has a rating of F with the Better Business Bureau.

    For anyone who is having trouble with CollectivePOS, please check out the
    Business Practices and Consumer Protection Act for their province. It may give you the legal backing you need to fight them. I found four places in the Business Practices and Consumer Protection Act for BC where, in my interpretation, they have committed violations. Each violation can be a penalty by law of $100, 000.

    Plus you should go through the Better Business Bureau with your complaint. It never hurts to try.

    Shadow

    1 Votes
  • Ja
    JadeLexy Nov 12, 2009

    Terrible company, over charge as well as take "fees" from your account with no rational explanation, I haven't even plugged in the terminal but I'm being billed and if I want to close this so called account they want $500.00
    Plus they want to charge me $50.00 for a copy of what ever contract I signed, which was never left with me in the very beginning. This place is a total scam!! I would never recommend them even to an enemy!

    1 Votes
  • El
    elanamika Nov 20, 2009
    This comment was posted by
    a verified customer
    Verified customer

    The explaination of the charges after my first bill were quite different from the explaination before I signed up. When I told them that the salesperson decieved me they said there is nothing they will do since the contract is signed. In essence they encourage the salespeople to lie just to secure a contract and then they shaft you with hidden charges.

    1 Votes
  • Ga
    gary zvan Dec 10, 2009

    Funny how people respond to complaints that are not true. First and foremost. This is a regulated industry. If there were a chance that some of these complaints were in fact true. I am sure he government and the banks would have stepped in a long time ago. People we are dealing with banks here. Do you really think they will absorb these ludicrous accusations if they were true? Plus if these were legitimate complaints, why are they not registered with the BBB? Right now the rating of COLLECIVEPOS is A-. Out of 9, 000 + customers having 11 complaints and 8 resolved, that my friends would be considered great business ethics. That is less than 1% of dissatisfied customers. How is your business doing?

    The fact of the matter is; this is a relatively new company in Canada and there will be some hiccups, however in the defense of the company. Their reponse to any troubled customers has been a priority from the company. I could name off a ton of companies that are completely satisfied with the service. If you really did your due diligence you would recognize that COLLECTIVEPOS is probably the number one company in Canada. Being part of the Heartland Payment Company and First Data, that alone makes them stand out as a first rate company. Servicing over 30 countries. WOW... How many countries do any of the companies in Canada service?

    We are so naive to the realms of this industry. The banks in Canada have had a monopoly for ever. We all complain because their quarterly profits are in the billions. Duh... Who do you think is responsible for that? So if there are companies like COLLECTIVEPOS that will offer competitive rates and savings. Read the contract, it is binding. If you don't like it don't sign it. It is impossible for the contract to be altered after the fact. This is not rocket science. It is the law.

    Before closing, I would like to extend my help to any which feel that they have been mistreated by COLLECTIVEPOS feel free to conact me [protected]@collectivepos.com . Incedently I have been in this industry for over five years.

    -1 Votes
  • Ro
    rob4ik Dec 11, 2009

    COLLECTIVE POS is a piece of junk, they sold me card terminal for $1500 without providing any warranty, plus they was charging my account during 4 years of usage $40/month. When i found out and called they they told me that fee includes rental on equipment, i told them that i owe the machine and answer was that they have no record that i owe the machine. After long argument i decided to cancel my service and guess what - they charging me 100 line termination fee. THIS IS CROOK COMPANY AND THEY MUST BE KICKED OUT OF MARKET. I want to give this case to court, if anyone want to join with me please contact me at any time.

    Other problems during usage period was:
    They cannot process payment with a new card containing chip
    Transaction processing takes up to 80 seconds
    Customer service sucks
    THEY ARE PUTTING HUGE LOGOS "COLLECTIVE POS" ON YOUR RECEIPTS and there is no way to remove it, -they will not remove it, don't even try.

    1 Votes
  • Ch
    Cheryl2010 Feb 05, 2010
    This comment was posted by
    a verified customer
    Verified customer

    Unfortunately I didn't see these warnings before I used them. I had cancelled in November 31, 2009 by filling out the form and sending an email after finding additional fees/rules after I had signed up and which I wasn't told. The withdrew money from my account December, January, and February. I contacted them and was informed that they will cancel it now but I am responsible by contract for Dec., Jan., and Feb. because it was my responsibility to ensure the salesperson understood that I wanted it cancelled... not enough to send an email and fill out a form. DO NOT USE Collective POS unless you like being ripped off.

    1 Votes
  • Ch
    Cheryl2010 Feb 11, 2010
    This comment was posted by
    a verified customer
    Verified customer

    I did contact the BBB and will receive January and February payments back. Unfortunately, since then they took out another $525.00 from my account stating $500.00 was for early termination fee. The contract stated that $195.00 was the charge for early termination fee. That is $330.00 they took out for what I do not know. I have also reported this to BBB. DO NOT USE Collective POS. No business should be able to operate in this manner - it is totally unethical.

    1 Votes
  • Go
    Good2Bfree Feb 26, 2010
    This comment was posted by
    a verified customer
    Verified customer

    I responded to the abuse I recieved from collectivepos above, just before the, yet another, smooth talking collectivepos employee, gary zvan, tried to justify the company practices above. Obviously he is not a customer and knows nothing of our struggles. I am now collectivepos free and it cost me nothing. I went to my bank and closed the business account and then opened a new account, they no longer have access to my funds. I then called the credit card company and cancelled the charges for the terminal. They can phone and mail me all they want, I will be glad to go to court with these frauds. Over and out

    1 Votes
  • Ch
    Cheryl2010 Mar 03, 2010
    This comment was posted by
    a verified customer
    Verified customer

    Unfortunately, I am still having problems with them as well. The Better Business Bureau tried to get them to resolve it and they continue to be the worst company in the world. They just took some more money out of my account and I will be heading to the bank as tomorrow to close my account down. I also reported them to a local tv station and hope they will investigate them.

    1 Votes
  • Sm
    SmallBusiness Apr 13, 2010
    This comment was posted by
    a verified customer
    Verified customer

    Collective POS promise you credits left right & centre, I have had nothing but problems & charges with the company. You get nowhere when you speak to Cecelia or Laurie & my sales rep Robbie Clarke although a nice guy is as useless as a chocolate bar in a desert. 6 months & I am still waiting for my credit. Do yourself a favour & use a bank. I wish I had seen this before I signed up!

    0 Votes
  • Sa
    Sandra15 Jul 17, 2010

    i'm really happy with the services they've offered my business. I'm not sure what people are talking about? They are the best merchant services provider in my opinion. I've spoken to alot of people that have used them as their merchant services provider for years and have been happy with the customer service, product warranty and the quality of the product. They stand behind their word and do as they promise. When i was approached by another provider and was offered a lower rate, i contacted the customer service department aadvised them of teh competitor quote and asked that they honour the lowest rate guarantee and they did. what more good you ask for in a merchant service provider.

    0 Votes
  • Sa
    Sandra15 Jul 17, 2010

    The Merchant Bill of RightsContact Us Know Your RightsGet InvolvedRecourcesNews & Events.

    If you accept credit, debit and prepaid cards, you have rights.
    The Merchant Bill of Rights promotes fair credit, debit and prepaid card processing practices on behalf of owners of small and mid-sized businesses. Proposed as an industry standard, it calls for the clear and straightforward presentation of card processing costs.

    Its purpose: to enable merchants who don't have the resources of large purchasing organizations to effectively manage their costs, determine which processor best meets their needs and realize significant savings.

    -2 Votes
  • Sa
    Sandra15 Jul 17, 2010

    The International Bill of Human Rights is an informal name given to two international treaties and one General Assembly resolution established by the United Nations. It consists of the Universal Declaration of Human Rights (adopted in 1948), the International Covenant on Civil and Political Rights (1966) with its two Optional Protocols and the International Covenant on Economic, Social and Cultural Rights (1966).1 The two covenants entered into force in 1976, after a sufficient number of countries had ratified them.

    In the beginning, different views were expressed about the form the bill of rights should take. In 1948, General Assembly planned the bill to include UDHR, one Covenant and measures of implementation.[1] The Drafting Committee decided to prepare two documents: one in the form of a declaration, which would set forth general principles or standards of human rights; the other in the form of a convention, which would define specific rights and their limitations. Accordingly, the Committee transmitted to the Commission on Human Rights draft articles of an international declaration and an international convention on human rights. At its second session, in December 1947, the Commission decided to apply the term "International Bill of Human Rights" to the series of documents in preparation and established three working groups: one on the declaration, one on the convention (which it renamed "covenant") and one on implementation. The Commission revised the draft declaration at its third session, in May/June 1948, taking into consideration comments received from Governments. It did not have time, however, to consider the covenant or the question of implementation. The declaration was therefore submitted through the Economic and Social Council to the General Assembly, meeting in Paris.

    1.^ See F
    1947 Drafting Committee on an International Bill of Human Rights, 1st session 9–25 June Lake Success, New York

    In February 1947, in accordance with the decision made at the first session of the Commission on Human Rights (E/259), and immediately following the close of the Commission’s session, a small drafting group consisting of the Chairman, Eleanor Roosevelt, the Vice-Chairman, P.C. Chang and the Rapporteur, Charles Malik, began working on a draft for the International Bill of Human Rights with the assistance of the UN Secretariat. The task of formulating a preliminary draft International Bill of Human Rights was given to John Humphrey, the Director of the Secretariat's Division for Human Rights. Sessional Documentation

    Following a letter from the Chairman of the Commission on Human Rights to the President of the Economic and Social Council, dated 27 March 1947, (E/383), this Drafting Committee was enlarged to include representatives of Australia, Chile, France, the Soviet Union and the United Kingdom, in addition to the representatives of China, France, Lebanon and the United States.

    The preliminary draft, prepared by the Secretariat, was presented to the Committee as document E/CN.4/AC.1/3, Draft Outline of International Bill of Rights. This document contains forty-eight articles outlining individual human rights.

    Other documents also submitted by the Secretariat for consideration of the Drafting Committee, were included in addenda to E/CN.4/AC.1/3.

    E/CN.4/AC.1/3/Add.1, lists individual rights, followed by observations from members of the Commission of Human Rights. The paper draws relationships with drafts of other international declarations and proposals submitted to the Commission and outlines the relationship between the individual human rights and constitutions of Member States. It finally relates each human right to the proposals submitted from non-governmental organizations.

    The second addendum, E/CN.4/AC.1/3/Add.2, is a listing of the forty-eight proposed articles divided into four chapters: Liberties, Social Rights, Equality and General Dispositions.

    The United Kingdom proposed a draft International Bill of Human Rights in the form of a legal instrument, E/CN.4/AC.1/4. This proposal was also submitted to the Drafting Committee and the proposal was considered in their discussions.

    At this session the Drafting Committee established a temporary working group consisting of the representatives of France (René Cassin), Lebanon (Charles Malik) and the United Kingdom (Geoffrey Wilson) and the Chairman, (Eleanor Roosevelt) (E/CN.4/AC.1/SR.6).

    The temporary working group's task was to suggest a logical rearrangement of the articles of the Draft Outline supplied by the Secretariat; to suggest a re-draft of the various articles in the light of the discussions of the Drafting Committee; and to recommend to the Drafting Committee the division of the substance of the articles between a "Manifesto and a Convention". Within the temporary working group, the task of re-drafting a declaration based upon the draft outline of the Secretariat, was given to René Cassin (France) (E/CN.4/AC.1/SR.6).

    The report of the Drafting Committee, submitted to the Commission on Human Rights (E/CN.4/21), included drafts for an international declaration on Human Rights (Annex F) and draft articles to be considered for inclusion in a Convention (Annex G), as well as Memorandum on Implementation prepared by the Division of Human Rights at the request of the Drafting Committee (Annex H).

    [1]

    -2 Votes
  • Sa
    Sandra15 Jul 17, 2010

    PART I
    BILL OF RIGHTS
    1. It is hereby recognized and declared that in Canada there have existed and shall continue to exist without discrimination by reason of race, national origin, colour, religion or sex, the following human rights and fundamental freedoms, namely,

    (a) the right of the individual to life, liberty, security of the person and enjoyment of property and the right not to be deprived thereof except by due process of law;
    (b) the right of the individual to equality before the law and the protection of the law;
    (c) freedom of religion;
    (d) freedom of speech;
    (e) freedom of assembly and of association; and
    (f) freedom of the press.
    2. Every law of Canada shall, unless it is expressly declared by an Act of Parliament of Canada that it shall operate notwithstanding the Canadian Bill of Rights, be so construed and applied as not to abrogate, abridge or infringe or to authorize the abrogation, abridgment or infringement of any of the rights or freedoms herein recognized and declared, and in particular, no law of Canada shall be construed or applied so as to

    (a) authorize or effect the arbitrary detention, imprisonment or exile of a person;
    (b) impose or authorize the imposition of cruel and unusual treatment or punishment;
    (c) deprive a person who has been arrested or detained
    (i) of the right to be informed promptly of the reason for his arrest or detention,
    (ii) of the right to retain and instruct counsel without delay, or
    (iii) of the remedy by way of habeas corpus for the determination of the validity of his detention and for his release if the detention is not lawful;
    (d) authorize a court, tribunal, commission, board or other authority to compel a person to give evidence if he is denied counsel, protection against self-crimination or other constitutional safeguards;
    (e) deprive a person of the right to a fair hearing in accordance to the principles of fundamental justice for the determination of his rights and obligations;
    (f) deprive a person charged with a criminal offence of the right to be presumed innocent until proved guilty according to the law in a fair and public hearing by an independent and impartial tribunal, or of the right to reasonable bail without just cause; and
    (g) deprive a person of the right to the assistance to an interpreter in any proceedings in which he is involved or in which he is a party or a witness, before a court, commission, board or other tribunal, if he does not understand or speak the language in which such proceedings are conducted.
    3. (1) Subject to subsection (2), the Minister of Justice shall, in accordance with such regulations as may be prescribed by the Governor General in Council, examine every regulation transmitted to the Clerk of the Privy Council for registration pursuant to the Statutory Instruments Act and every Bill introduced in or presented to the House of Commons by a Minister of the Crown in order to ascertain whether any of the provisions thereof are inconsistent with the purposes and provisions of this Part and he shall report any such inconsistency to the House of Commons at the first convenient opportunity.

    (2) A regulation need not be examined in accordance with subsection (1) if prior to being made it was examined as a proposed regulation in accordance with section 3 of the Statutory Instruments Act to ensure that it was not inconsistent with the purposes and provisions of this Part.

    4. The provisions of this Part shall be known as the Canadian Bill of Rights.


    --------------------------------------------------------------------------------

    PART II
    5. (1) Nothing in Part I shall be construed as to abrogate or abridge any human right or fundamental freedom not enumerated therein that may have exist in Canada at the commencement of this Act.
    (2) The expression "law of Canada" in Part I means an Act of the Parliament of Canada enacted before or after the coming into force of this Act, any order, rule or regulation thereunder, and any law in force in Canada or in any part of Canada at the commencement of this Act that that is subject to be repealed, abolished or altered by the Parliament of Canada.

    (3) The provisions of Part I shall be construed as extending only to matters coming within the legislative authority of the Parliament of Canada.

    -1 Votes
  • Sa
    Sandra15 Jul 17, 2010

    First Attempt at a Human Rights Charter:
    The Canadian Bill of Rights
    Ottawa, Canada
    August 10, 1960
    Ever since its passing, Canadians wanted a Universal Declaration of Human Rights put into practice. Many called for a bill of rights to be added to the British North America Act, 1867, but all attempts to agree on amending the Act end in failure. Complications over jurisdiction concerning property, language, criminal law, and religion made reaching a consensus difficult. Frustrated by this squabbling, Prime Minster John Diefenbaker's government unilaterally adopts the Canadian Bill of Rights.

    The Bill recognizes the following freedoms:

    "1. It is hereby recognized and declared that in Canada there have existed and shall continue to exist without discrimination by reason of race, national origin, colour, religion or sex, the following human rights and fundamental freedoms, namely:

    the right of the individual to life, liberty, security of the person and enjoyment of property, and the right not to be deprived thereof except by due process of law;
    the right of the individual to equality before the law and the protection of the law;
    freedom of religion;
    freedom of speech;
    freedom of assembly and association;
    freedom of the press."
    It also states that no law - unless it expressly says so - shall be interpreted or applied in a way that violates the rights recognized by the Bill.

    The Canadian Bill of Rights did have its shortcomings:

    First, it does not apply to provincial laws since it's not in the Constitution.

    Secondly, the courts never really take it seriously. Judges find that it only applies to existing rights, and so they are hesitant to use the Bill to expand rights or strike down any laws. Again, because it is not part of the Constitution, it does not necessarily overide other existing laws.

    Although the purpose of Canadian Bill of Rights is noble, its effectiveness proved to be limited.

    Preamble
    The Parliament of Canada, affirming that the Canadian Nation is founded upon principles that acknowledge the supremacy of God, the dignity and worth of the human person and the position of the family in a society of free men and free institutions;

    Affirming also that men and institutions remain free only when freedom is founded upon respect for moral and spiritual values and the rule of law;

    And being desirous of enshrining these principles and the human rights and fundamental freedoms derived from them, in a Bill of Rights which shall reflect the respect of Parliament for its constitutional authority and which shall ensure the protection of these rights and freedoms in Canada:

    Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts [The Canadian Bill of Rights].

    Want To Know More?
    See:
    Canadian Bill of Rights

    0 Votes
  • Sa
    Sandra15 Jul 17, 2010

    Convention on the Prevention and Punishment of the Crime of Genocide

    Approved and proposed for signature and ratification or accession by General Assembly resolution 260 A (III) of 9 December 1948

    Entry into force: 12 January 1951, in accordance with article XIII

    The Contracting Parties,

    Having considered the declaration made by the General Assembly of the United Nations in its resolution 96 (I) dated 11 December 1946 that genocide is a crime under international law, contrary to the spirit and aims of the United Nations and condemned by the civilized world,

    Recognizing that at all periods of history genocide has inflicted great losses on humanity, and

    Being convinced that, in order to liberate mankind from such an odious scourge, international co-operation is required,

    Hereby agree as hereinafter provided :

    Article I

    The Contracting Parties confirm that genocide, whether committed in time of peace or in time of war, is a crime under international law which they undertake to prevent and to punish.

    Article II

    In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:

    ( a ) Killing members of the group;

    ( b ) Causing serious bodily or mental harm to members of the group;

    ( c ) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;

    ( d ) Imposing measures intended to prevent births within the group;

    ( e ) Forcibly transferring children of the group to another group.

    Article III

    The following acts shall be punishable:

    ( a ) Genocide;

    ( b ) Conspiracy to commit genocide;

    ( c ) Direct and public incitement to commit genocide;

    ( d ) Attempt to commit genocide;

    ( e ) Complicity in genocide.

    Article IV

    Persons committing genocide or any of the other acts enumerated in article III shall be punished, whether they are constitutionally responsible rulers, public officials or private individuals.

    Article V

    The Contracting Parties undertake to enact, in accordance with their respective Constitutions, the necessary legislation to give effect to the provisions of the present Convention, and, in particular, to provide effective penalties for persons guilty of genocide or any of the other acts enumerated in article III.

    Article VI

    Persons charged with genocide or any of the other acts enumerated in article III shall be tried by a competent tribunal of the State in the territory of which the act was committed, or by such international penal tribunal as may have jurisdiction with respect to those Contracting Parties which shall have accepted its jurisdiction.

    Article VII

    Genocide and the other acts enumerated in article III shall not be considered as political crimes for the purpose of extradition.

    The Contracting Parties pledge themselves in such cases to grant extradition in accordance with their laws and treaties in force.

    Article VIII

    Any Contracting Party may call upon the competent organs of the United Nations to take such action under the Charter of the United Nations as they consider appropriate for the prevention and suppression of acts of genocide or any of the other acts enumerated in article III.

    Article IX

    Disputes between the Contracting Parties relating to the interpretation, application or fulfilment of the present Convention, including those relating to the responsibility of a State for genocide or for any of the other acts enumerated in article III, shall be submitted to the International Court of Justice at the request of any of the parties to the dispute.

    Article X

    The present Convention, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall bear the date of 9 December 1948.

    Article XI

    The present Convention shall be open until 31 December 1949 for signature on behalf of any Member of the United Nations and of any non-member State to which an invitation to sign has been addressed by the General Assembly.

    The present Convention shall be ratified, and the instruments of ratification shall be deposited with the Secretary-General of the United Nations.

    After 1 January 1950, the present Convention may be acceded to on behalf of any Member of the United Nations and of any non-member State which has received an invitation as aforesaid.

    Instruments of accession shall be deposited with the Secretary-General of the United Nations.

    Article XII

    Any Contracting Party may at any time, by notification addressed to the Secretary-General of the United Nations, extend the application of the present Convention to all or any of the territories for the conduct of whose foreign relations that Contracting Party is responsible.

    Article XIII

    On the day when the first twenty instruments of ratification or accession have been deposited, the Secretary-General shall draw up a procès-verbal and transmit a copy thereof to each Member of the United Nations and to each of the non-member States contemplated in article XI.

    The present Convention shall come into force on the ninetieth day following the date of deposit of the twentieth instrument of ratification or accession.

    Any ratification or accession effected subsequent to the latter date shall become effective on the ninetieth day following the deposit of the instrument of ratification or accession.

    Article XIV

    The present Convention shall remain in effect for a period of ten years as from the date of its coming into force.

    It shall thereafter remain in force for successive periods of five years for such Contracting Parties as have not denounced it at least six months before the expiration of the current period.

    Denunciation shall be effected by a written notification addressed to the Secretary-General of the United Nations.

    Article XV

    If, as a result of denunciations, the number of Parties to the present Convention should become less than sixteen, the Convention shall cease to be in force as from the date on which the last of these denunciations shall become effective.

    Article XVI

    A request for the revision of the present Convention may be made at any time by any Contracting Party by means of a notification in writing addressed to the Secretary-General.

    The General Assembly shall decide upon the steps, if any, to be taken in respect of such request.

    Article XVII

    The Secretary-General of the United Nations shall notify all Members of the United Nations and the non-member States contemplated in article XI of the following:

    ( a ) Signatures, ratifications and accessions received in accordance with article XI;

    ( b ) Notifications received in accordance with article XII;

    ( c ) The date upon which the present Convention comes into force in accordance with article XIII;

    ( d ) Denunciations received in accordance with article XIV;

    ( e ) The abrogation of the Convention in accordance with article XV;

    ( f ) Notifications received in accordance with article XVI.

    Article XVIII

    The original of the present Convention shall be deposited in the archives of the United Nations.

    A certified copy of the Convention shall be transmitted to each Member of the United Nations and to each of the non-member States contemplated in article XI.

    Article XIX

    0 Votes
  • Sa
    Sandra15 Jul 17, 2010

    Preamble
    The States Parties to the present Convention,

    Recalling resolutions of the General Assembly of the United Nations 3 (I) of 13 February 1946 and 170 (II) of 31 October 1947 on the extradition and punishment of war criminals, resolution 95 (I) of 11 December 1946 affirming the principles of international law recognized by the Charter of the International Military Tribunal, Nürnberg, and the judgement of the Tribunal, and resolutions 2184 (XXI) of 12 December 1966 and 2202 (XXI) of 16 December 1966 which expressly condemned as crimes against humanity the violation of the economic and political rights of the indigenous population on the one hand and the policies of apartheid on the other,

    Recalling resolutions of the Economic and Social Council of the United Nations 1074 D (XXXIX) of 28 July 1965 and 1158 (XLI) of 5 August 1966 on the punishment of war criminals and of persons who have committed crimes against humanity,

    Noting that none of the solemn declarations, instruments or conventions relating to the prosecution and punishment of war crimes and crimes against humanity made provision for a period of limitation,

    Considering that war crimes and crimes against humanity are among the gravest crimes in international law,

    Convinced that the effective punishment of war crimes and crimes against humanity is an important element in the prevention of such crimes, the protection of human rights and fundamental freedoms, the encouragement of confidence, the furtherance of co-operation among peoples and the promotion of international peace and security,

    Noting that the application to war crimes and crimes against humanity of the rules of municipal law relating to the period of limitation for ordinary crimes is a matter of serious concern to world public opinion, since it prevents the prosecution and punishment of persons responsible for those crimes,

    Recognizing that it is necessary and timely to affirm in international law, through this Convention, the principle that there is no period of limitation for war crimes and crimes against humanity, and to secure its universal application,

    Have agreed as follows:

    Article I
    No statutory limitation shall apply to the following crimes, irrespective of the date of their commission:

    ( a ) War crimes as they are defined in the Charter of the International Military Tribunal, Nürnberg, of 8 August 1945 and confirmed by resolutions 3 (I) of 13 February 1946 and 95 (I) of 11 December 1946 of the General Assembly of the United Nations, particularly the "grave breaches" enumerated in the Geneva Conventions of 12 August 1949 for the protection of war victims;

    ( b ) Crimes against humanity whether committed in time of war or in time of peace as they are defined in the Charter of the International Military Tribunal, Nürnberg, of 8 August 1945 and confirmed by resolutions 3 (I) of 13 February 1946 and 95 (I) of 11 December 1946 of the General Assembly of the United Nations, eviction by armed attack or occupation and inhuman acts resulting from the policy of apartheid, and the crime of genocide as defined in the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, even if such acts do not constitute a violation of the domestic law of the country in which they were committed.

    Article II
    If any of the crimes mentioned in article I is committed, the provisions of this Convention shall apply to representatives of the State authority and private individuals who, as principals or accomplices, participate in or who directly incite others to the commission of any of those crimes, or who conspire to commit them, irrespective of the degree of completion, and to representatives of the State authority who tolerate their commission.

    Article III
    The States Parties to the present Convention undertake to adopt all necessary domestic measures, legislative or otherwise, with a view to making possible the extradition, in accordance with international law, of the persons referred to in article II of this Convention.

    Article IV
    The States Parties to the present Convention undertake to adopt, in accordance with their respective constitutional processes, any legislative or other measures necessary to ensure that statutory or other limitations shall not apply to the prosecution and punishment of the crimes referred to in articles I and II of this Convention and that, where they exist, such limitations shall be abolished.

    Article V
    This Convention shall, until 31 December 1969, be open for signature by any State Member of the United Nations or member of any of its specialized agencies or of the International Atomic Energy Agency, by any State Party to the Statute of the International Court of Justice, and by any other State which has been invited by the General Assembly of the United Nations to become a Party to this Convention.

    Article VI
    This Convention is subject to ratification. Instruments of ratification shall be deposited with the Secretary-General of the United Nations.

    Article VII
    This Convention shall be open to accession by any State referred to in article V. Instruments of accession shall be deposited with the Secretary-General of the United Nations.

    Article VIII
    1. This Convention shall enter into force on the ninetieth day after the date of the deposit with the Secretary-General of the United Nations of the tenth instrument of ratification or accession.

    2. For each State ratifying this Convention or acceding to it after the deposit of the tenth instrument of ratification or accession, the Convention shall enter into force on the ninetieth day after the date of the deposit of its own instrument of ratification or accession.

    Article IX
    1. After the expiry of a period of ten years from the date on which this Convention enters into force, a request for the revision of the Convention may be made at any time by any Contracting Party by means of a notification in writing addressed to the Secretary-General of the United Nations.

    2. The General Assembly of the United Nations shall decide upon the steps, if any, to be taken in respect of such a request.

    Article X
    1. This Convention shall be deposited with the Secretary-General of the United Nations.

    2. The Secretary-General of the United Nations shall transmit certified copies of this Convention to all States referred to in article V.

    3. The Secretary-General of the United Nations shall inform all States referred to in article V of the following particulars:

    ( a ) Signatures of this Convention, and instruments of ratification and accession deposited under articles V, VI and VII;

    ( b ) The date of entry into force of this Convention in accordance with article VIII;

    ( c ) Communications received under article IX.

    Article XI
    This Convention, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall bear the date of 26 November 1968.

    In witness whereof the undersigned, being duly authorized for that purpose, have signed this Convention.

    -1 Votes
  • Sa
    Sandra15 Jul 17, 2010

    Article 1
    The High Contracting Parties undertake to respect and to ensure respect for the present Convention in all circumstances.

    Article 2
    In addition to the provisions which shall be implemented in peacetime, the present Convention shall apply to all cases of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties, even if the state of war is not recognized by one of them.

    The Convention shall also apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance.

    Although one of the Powers in conflict may not be a party to the present Convention, the Powers who are parties thereto shall remain bound by it in their mutual relations. They shall furthermore be bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof.

    Article 3
    In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions:

    1. Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria.

    To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:

    ( a ) Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;

    ( b ) Taking of hostages;

    ( c ) Outrages upon personal dignity, in particular humiliating and degrading treatment;

    ( d ) The passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.

    2. The wounded and sick shall be collected and cared for.

    An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict.

    The Parties to the conflict should further endeavour to bring into force, by means of special agreements, all or part of the other provisions of the present Convention.

    The application of the preceding provisions shall not affect the legal status of the Parties to the conflict.

    Article 4
    Persons protected by the Convention are those who, at a given moment and in any manner whatsoever, find themselves, in case of a conflict or occupation, in the hands of a Party to the conflict or Occupying Power of which they are not nationals.

    Nationals of a State which is not bound by the Convention are not protected by it. Nationals of a neutral State who find themselves in the territory of a belligerent State, and nationals of a co-belligerent State, shall not be regarded as protected persons while the State of which they are nationals has normal diplomatic representation in the State in whose hands they are.

    The provisions of Part II are, however, wider in application, as defined in Article 13.

    Persons protected by the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949, or by the Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August 12, 1949, or by the Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949, shall not be considered as protected persons within the meaning of the present Convention.

    Article 5
    Where, in the territory of a Party to the conflict, the latter is satisfied that an individual protected person is definitely suspected of or engaged in activities hostile to the security of the State, such individual person shall not be entitled to claim such rights and privileges under the present Convention as would, if exercised in the favour of such individual person, be prejudicial to the security of such State.

    Where in occupied territory an individual protected person is detained as a spy or saboteur, or as a person under definite suspicion of activity hostile to the security of the Occupying Power, such person shall, in those cases where absolute military security so requires, be regarded as having forfeited rights of communication under the present Convention.

    In each case, such persons shall nevertheless be treated with humanity, and in case of trial, shall not be deprived of the rights of fair and regular trial prescribed by the present Convention. They shall also be granted the full rights and privileges of a protected person under the present Convention at the earliest date consistent with the security of the State or Occupying Power, as the case may be.

    Article 6
    The present Convention shall apply from the outset of any conflict or occupation mentioned in Article 2.

    In the territory of Parties to the conflict, the application of the present Convention shall cease on the general close of military operations.

    In the case of occupied territory, the application of the present Convention shall cease one year after the general close of military operations; however, the Occupying Power shall be bound, for the duration of the occupation, to the extent that such Power exercises the functions of government in such territory, by the provisions of the following Articles of the present Convention: 1 to 12, 27, 29 to 34, 47, 49, 51, 52, 53, 59, 61 to 77, and 143.

    Protected persons whose release, repatriation or re-establishment may take place after such dates shall meanwhile continue to benefit by the present Convention.

    Article 7
    In addition to the agreements expressly provided for in Articles 11, 14, 15, 17, 36, 108, 109, 132, 133 and 149, the High Contracting Parties may conclude other special agreements for all matters concerning which they may deem it suitable to make separate provision. No special agreement shall adversely affect the situation of protected persons, as defined by the present Convention, nor restrict the rights which it confers upon them.

    Protected persons shall continue to have the benefit of such agreements as long as the Convention is applicable to them, except where express provisions to the contrary are contained in the aforesaid or in subsequent agreements, or where more favourable measures have been taken with regard to them by one or other of the Parties to the conflict.

    Article 8
    Protected persons may in no circumstances renounce in part or in entirety the rights secured to them by the present Convention, and by the special agreements referred to in the foregoing Article, if such there be.

    Article 9
    The present Convention shall be applied with the cooperation and under the scrutiny of the Protecting Powers whose duty it is to safeguard the interests of the Parties to the conflict. For this purpose, the Protecting Powers may appoint, apart from their diplomatic or consular staff, delegates from amongst their own nationals or the nationals of other neutral Powers. The said delegates shall be subject to the approval of the Power with which they are to carry out their duties.

    The Parties to the conflict shall facilitate to the greatest extent possible the task of the representatives or delegates of the Protecting Powers.

    The representatives or delegates of the Protecting Powers shall not in any case exceed their mission under the present Convention. They shall, in particular, take account of the imperative necessities of security of the State wherein they carry out their duties.

    Article 10
    The provisions of the present Convention constitute no obstacle to the humanitarian activities which the International Committee of the Red Cross or any other impartial humanitarian organization may, subject to the consent of the Parties to the conflict concerned, undertake for the protection of civilian persons and for their relief.

    Article 11
    The High Contracting Parties may at any time agree to entrust to an organization which offers all guarantees of impartiality and efficacy the duties incumbent on the Protecting Powers by virtue of the present Convention.

    When persons protected by the present Convention do not benefit or cease to benefit, no matter for what reason, by the activities of a Protecting Power or of an organization provided for in the first paragraph above, the Detaining Power shall request a neutral State, or such an organization, to undertake the functions performed under the present Convention by a Protecting Power designated by the Parties to a conflict.

    If protection cannot be arranged accordingly, the Detaining Power shall request or shall accept, subject to the provisions of this Article, the offer of the services of a humanitarian organization, such as the International Committee of the Red Cross, to assume the humanitarian functions performed by Protecting Powers under the present Convention.

    Any neutral Power, or any organization invited by the Power concerned or offering itself for these purposes, shall be required to act with a sense of responsibility towards the Party to the conflict on which persons protected by the present Convention depend, and shall be required to furnish sufficient assurances that it is in a position to undertake the appropriate functions and to discharge them impartially.

    No derogation from the preceding provisions shall be made by special agreements between Powers one of which is restricted, even temporarily, in its freedom to negotiate with the other Power or its allies by reason of military events, more particularly where the whole, or a substantial part, of the territory of the said Power is occupied.

    Whenever in the present Convention mention is made of a Protecting Power, such mention applies to substitute organizations in the sense of the present Article.

    The provisions of this Article shall extend and be adapted to cases of nationals of a neutral State who are in occupied territory or who find themselves in the territory of a belligerent State with which the State of which they are nationals has not normal diplomatic representation.

    Article 12
    In cases where they deem it advisable in the interest of protected persons, particularly in cases of disagreement between the Parties to the conflict as to the application or interpretation of the provisions of the present Convention, the Protecting Powers shall lend their good offices with a view to settling the disagreement.

    For this purpose, each of the Protecting Powers may, either at the invitation of one Party or on its own initiative, propose to the Parties to the conflict a meeting of their representatives, and in particular of the authorities responsible for protected persons, possibly on neutral territory suitably chosen. The Parties to the conflict shall be bound to give effect to the proposals made to them for this purpose. The Protecting Powers may, if necessary, propose for approval by the Parties to the conflict, a person belonging to a neutral Power or delegated by the International Committee of the Red Cross who shall be invited to take part in such a meeting.

    Part II
    GENERAL PROTECTION OF POPULATIONS AGAINST CERTAIN CONSEQUENCES OF WAR
    Article 13
    The provisions of Part II cover the whole of the populations of the countries in conflict, without any adverse distinction based, in particular, on race, nationality, religion or political opinion, and are intended to alleviate the sufferings caused by war.

    Article 14
    In time of peace, the High Contracting Parties and, after the outbreak of hostilities, the Parties thereto, may establish in their own territory and, if the need arises, in occupied areas, hospital and safety zones and localities so organized as to protect from the effects of war, wounded, sick and aged persons, children under fifteen, expectant mothers and mothers of children under seven.

    Upon the outbreak and during the course of hostilities, the Parties concerned may conclude agreements on mutual recognition of the zones and localities they have created. They may for this purpose implement the provisions of the Draft Agreement annexed to the present Convention, with such amendments as they may consider necessary.

    The Protecting Powers and the International Committee of the Red Cross are invited to lend their good offices in order to facilitate the institution and recognition of these hospital and safety zones and localities.

    Article 15
    Any Party to the conflict may, either directly or through a neutral State or some humanitarian organization, propose to the adverse Party to establish, in the regions where fighting is taking place, neutralized zones intended to shelter from the effects of war the following persons, without distinction:

    ( a ) Wounded and sick combatants or non-combatants;

    ( b ) Civilian persons who take no part in hostilities, and who, while they reside in the zones, perform no work of a military character.

    When the Parties concerned have agreed upon the geographical position, administration, food supply and supervision of the proposed neutralized zone, a written agreement shall be concluded and signed by the representatives of the Parties to the conflict. The agreement shall fix the beginning and the duration of the neutralization of the zone.

    Article 16
    The wounded and sick, as well as the infirm, and expectant mothers, shall be the object of particular protection and respect.

    As far as military considerations allow, each Party to the conflict shall facilitate the steps taken to search for the killed and wounded, to assist the shipwrecked and other persons exposed to grave danger, and to protect them against pillage and ill-treatment.

    Article 17
    The Parties to the conflict shall endeavour to conclude local agreements for the removal from besieged or encircled areas, of wounded, sick, infirm, and aged persons, children and maternity cases, and for the passage of ministers of all religions, medical personnel and medical equipment on their way to such areas.

    Article 18
    Civilian hospitals organized to give care to the wounded and sick, the infirm and maternity cases, may in no circumstances be the object of attack, but shall at all times be respected and protected by the Parties to the conflict.

    States which are Parties to a conflict shall provide all civilian hospitals with certificates showing that they are civilian hospitals and that the buildings which they occupy are not used for any purpose which would deprive these hospitals of protection in accordance with Article 19.

    Civilian hospitals shall be marked by means of the emblem provided for in Article 38 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949, but only if so authorized by the State.

    The Parties to the conflict shall, in so far as military considerations permit, take the necessary steps to make the distinctive emblems indicating civilian hospitals clearly visible to the enemy land, air and naval forces in order to obviate the possibility of any hostile action.

    In view of the dangers to which hospitals may be exposed by being close to military objectives, it is recommended that such hospitals be situated as far as possible from such objectives.

    Article 19
    The protection to which civilian hospitals are entitled shall not cease unless they are used to commit, outside their humanitarian duties, acts harmful to the enemy. Protection may, however, cease only after due warning has been given, naming, in all appropriate cases, a reasonable time limit, and after such warning has remained unheeded.

    The fact that sick or wounded members of the armed forces are nursed in these hospitals, or the presence of small arms and ammunition taken from such combatants which have not yet been handed to the proper service, shall not be considered to be acts harmful to the enemy.

    Article 20
    Persons regularly and solely engaged in the operation and administration of civilian hospitals, including the personnel engaged in the search for, removal and transporting of and caring for wounded and sick civilians, the infirm and maternity cases, shall be respected and protected.

    In occupied territory and in zones of military operations, the above personnel shall be recognizable by means of an identity card certifying their status, bearing the photograph of the holder and embossed with the stamp of the responsible authority, and also by means of a stamped, water-resistant armlet which they shall wear on the left arm while carrying out their duties. This armlet shall be issued by the State and shall bear the emblem provided for in Article 38 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949.

    Other personnel who are engaged in the operation and administration of civilian hospitals shall be entitled to respect and protection and to wear the armlet, as provided in and under the conditions prescribed in this Article, while they are employed on such duties. The identity card shall state the duties on which they are employed.

    The management of each hospital shall at all times hold at the disposal of the competent national or occupying authorities an up-to-date list of such personnel.

    Article 21
    Convoys of vehicles or hospital trains on land or specially provided vessels on sea, conveying wounded and sick civilians, the infirm and maternity cases, shall be respected and protected in the same manner as the hospitals provided for in Article 18, and shall be marked, with the consent of the State, by the display of the distinctive emblem provided for in Article 38 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949.

    Article 22
    Aircraft exclusively employed for the removal of wounded and sick civilians, the infirm and maternity cases, or for the transport of medical personnel and equipment, shall not be attacked, but shall be respected while flying at heights, times and on routes specifically agreed upon between all the Parties to the conflict concerned.

    They may be marked with the distinctive emblem provided for in Article 38 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949.

    Unless agreed otherwise, flights over enemy or enemy-occupied territory are prohibited.

    Such aircraft shall obey every summons to land. In the event of a landing thus imposed, the aircraft with its occupants may continue its flight after examination, if any.

    Article 23
    Each High Contracting Party shall allow the free passage of all consignments of medical and hospital stores and objects necessary for religious worship intended only for civilians of another High Contracting Party, even if the latter is its adversary. It shall likewise permit the free passage of all consignments of essential foodstuffs, clothing and tonics intended for children under fifteen, expectant mothers and maternity cases.

    The obligation of a High Contracting Party to allow the free passage of the consignments indicated in the preceding paragraph is subject to the condition that this Party is satisfied that there are no serious reasons for fearing:

    ( a ) That the consignments may be diverted from their destination;

    ( b ) That the control may not be effective; or

    ( c ) That a definite advantage may accrue to the military efforts or economy of the enemy through the substitution of the above-mentioned consignments for goods which would otherwise be provided or produced by the enemy or through the release of such material, services or facilities as would otherwise be required for the production of such goods.

    The Power which allows the passage of the consignments indicated in the first paragraph of this Article may make such permission conditional on the distribution to the persons benefited thereby being made under the local supervision of the Protecting Powers.

    Such consignments shall be forwarded as rapidly as possible, and the Power which permits their free passage shall have the right to prescribe the technical arrangements under which such passage is allowed.

    Article 24
    The Parties to the conflict shall take the necessary measures to ensure that children under fifteen, who are orphaned or are separated from their families as a result of the war, are not left to their own resources, and that their maintenance, the exercise of their religion and their education are facilitated in all circumstances. Their education shall, as far as possible, be entrusted to persons of a similar cultural tradition.

    The Parties to the conflict shall facilitate the reception of such children in a neutral country for the duration of the conflict with the consent of the Protecting Power, if any, and under due safeguards for the observance of the principles stated in the first paragraph.

    They shall, furthermore, endeavour to arrange for all children under twelve to be identified by the wearing of identity discs, or by some other means.

    Article 25
    All persons in the territory of a Party to the conflict, or in a territory occupied by it, shall be enabled to give news of a strictly personal nature to members of their families, wherever they may be, and to receive news from them. This correspondence shall be forwarded speedily and without undue delay.

    If, as a result of circumstances, it becomes difficult or impossible to exchange family correspondence by the ordinary post, the Parties to the conflict concerned shall apply to a neutral intermediary, such as the Central Agency provided for in Article 140, and shall decide in consultation with it how to ensure the fulfilment of their obligations under the best possible conditions, in particular with the cooperation of the National Red Cross (Red Crescent, Red Lion and Sun) Societies.

    If the Parties to the conflict deem it necessary to restrict family correspondence, such restrictions shall be confined to the compulsory use of standard forms containing twenty-five freely chosen words, and to the limitation of the number of these forms despatched to one each month.

    Article 26
    Each Party to the conflict shall facilitate enquiries made by members of families dispersed owing to the war, with the object of renewing contact with one another and of meeting, if possible. It shall encourage, in particular, the work of organizations engaged on this task provided they are acceptable to it and conform to its security regulations.

    Part III
    STATUS AND TREATMENT OF PROTECTED PERSONS
    Section I
    Provisions common to the territories of the Parties to the conflict and to occupied territories

    Article 27
    Protected persons are entitled, in all circumstances, to respect for their persons, their honour, their family rights, their religious convictions and practices, and their manners and customs. They shall at all times be humanely treated, and shall be protected especially against all acts of violence or threats thereof and against insults and public curiosity.

    Women shall be especially protected against any attack on their honour, in particular against rape, enforced prostitution, or any form of indecent assault.

    Without prejudice to the provisions relating to their state of health, age and sex, all protected persons shall be treated with the same consideration by the Party to the conflict in whose power they are, without any adverse distinction based, in particular, on race, religion or political opinion.

    However, the Parties to the conflict may take such measures of control and security in regard to protected persons as may be necessary as a result of the war.

    Article 28
    The presence of a protected person may not be used to render certain points or areas immune from military operations.

    Article 29
    The Party to the conflict in whose hands protected persons may be is responsible for the treatment accorded to them by its agents, irrespective of any individual responsibility which may be incurred.

    Article 30
    Protected persons shall have every facility for making application to the Protecting Powers, the International Committee of the Red Cross, the National Red Cross (Red Crescent, Red Lion and Sun) Society of the country where they may be, as well as to any organization that might assist them.

    These several organizations shall be granted all facilities for that purpose by the authorities, within the bounds set by military or security considerations.

    Apart from the visits of the delegates of the Protecting Powers and of the International Committee of the Red Cross, provided for by Article 143, the Detaining or Occupying Powers shall facilitate as much as possible visits to protected persons by the representatives of other organizations whose object is to give spiritual aid or material relief to such persons.

    Article 31
    No physical or moral coercion shall be exercised against protected persons, in particular to obtain information from them or from third parties.

    Article 32
    The High Contracting Parties specifically agree that each of them is prohibited from taking any measure of such a character as to cause the physical suffering or extermination of protected persons in their hands. This prohibition applies not only to murder, torture, corporal punishment, mutilation and medical or scientific experiments not necessitated by the medical treatment of a protected person but also to any other measures of brutality whether applied by civilian or military agents.

    Article 33
    No protected person may be punished for an offence he or she has not personally committed. Collective penalties and likewise all measures of intimidation or of terrorism are prohibited.

    Pillage is prohibited.

    Reprisals against protected persons and their property are prohibited.

    Article 34

    The taking of hostages is prohibited.

    Section II

    Aliens in the territory of a Party to the conflict

    Article 35

    All protected persons who may desire to leave the territory at the outset of, or during a conflict, shall be entitled to do so, unless their departure is contrary to the national interests of the State. The applications of such persons to leave shall be decided in accordance with regularly established procedures and the decision shall be taken as rapidly as possible. Those persons permitted to leave may provide themselves with the necessary funds for their journey and take with them a reasonable amount of their effects and articles of personal use.

    If any such person is refused permission to leave the territory, he shall be entitled to have such refusal reconsidered as soon as possible by an appropriate court or administrative board designated by the Detaining Power for that purpose.

    Upon request, representatives of the Protecting Power shall, unless reasons of security prevent it, or the persons concerned object, be furnished with the reasons for refusal of any request for permission to leave the territory and be given, as expeditiously as possible, the names of all persons who have been denied permission to leave.

    Article 36

    Departures permitted under the foregoing Article shall be carried out in satisfactory conditions as regards safety, hygiene, sanitation and food. All costs in connection therewith, from the point of exit in the territory of the Detaining Power, shall be borne by the country of destination, or, in the case of accommodation in a neutral country, by the Power whose nationals are benefited. The practical details of such movements may, if necessary, be settled by special agreements between the Powers concerned.

    The foregoing shall not prejudice such special agreements as may be concluded between Parties to the conflict concerning the exchange and repatriation of their nationals in enemy hands.

    Article 37

    Protected persons who are confined pending proceedings or serving a sentence involving loss of liberty shall during their confinement be humanely treated.

    As soon as they are released, they may ask to leave the territory in conformity with the foregoing Articles.

    Article 38

    With the exception of special measures authorized by the present Convention, in particular by Articles 27 and 41 thereof, the situation of protected persons shall continue to be regulated, in principle, by the provisions concerning aliens in time of peace. In any case, the following rights shall be granted to them:

    1. They shall be enabled to receive the individual or collective relief that may be sent to them.

    2. They shall, if their state of health so requires, receive medical attention and hospital treatment to the same extent as the nationals of the State concerned.

    3. They shall be allowed to practise their religion and to receive spiritual assistance from ministers of their faith.

    4. If they reside in an area particularly exposed to the dangers of war, they shall be authorized to move from that area to the same extent as the nationals of the State concerned.

    5. Children under fifteen years, pregnant women and mothers of children under seven years shall benefit by any preferential treatment to the same extent as the nationals of the State concerned.

    Article 39

    Protected persons who, as a result of the war, have lost their gainful employment, shall be granted the opportunity to find paid employment. That opportunity shall, subject to security considerations and to the provisions of Article 40, be equal to that enjoyed by the nationals of the Power in whose territory they are.

    Where a Party to the conflict applies to a protected person methods of control which result in his being unable to support himself, and especially if such a person is prevented for reasons of security from finding paid employment on reasonable conditions, the said Party shall ensure his support and that of his dependents.

    Protected persons may in any case receive allowances from their country, the Protecting Power, or the relief societies referred to in Article 30.

    Article 40

    Protected persons may be compelled to work only to the same extent as nationals of the Party to the conflict in whose territory they are.

    If protected persons are of enemy nationality, they may only be compelled to do work which is normally necessary to ensure the feeding, sheltering, clothing, transport and health of human beings and which is not directly related to the conduct of military operations.

    In the cases mentioned in the two preceding paragraphs, protected persons compelled to work shall have the benefit of the same working conditions and of the same safeguards as national workers, in particular as regards wages, hours of labour, clothing and equipment, previous training and compensation for occupational accidents and diseases.

    If the above provisions are infringed, protected persons shall be allowed to exercise their right of complaint in accordance with Article 30.

    Article 41

    Should the Power in whose hands protected persons may be consider the measures of control mentioned in the present Convention to be inadequate, it may not have recourse to any other measure of control more severe than that of assigned residence or internment, in accordance with the provisions of Articles 42 and 43.

    In applying the provisions of Article 39, second paragraph, to the cases of persons required to leave their usual places of residences by virtue of a decision placing them in assigned residence elsewhere. the Detaining Power shall be guided as closely as possible by the standards of welfare set forth in Part III, Section IV of this Convention.

    Article 42

    The internment or placing in assigned residence of protected persons may be ordered only if the security of the Detaining Power makes it absolutely necessary.

    If any person, acting through the representatives of the Protecting Power, voluntarily demands internment, and if his situation renders this step necessary, he shall be interned by the Power in whose hands he may be.

    Article 43

    Any protected person who has been interned or placed in assigned residence shall be entitled to have such action reconsidered as soon as possible by an appropriate court or administrative board designated by the Detaining Power for that purpose. If the internment or placing in assigned residence is maintained, the court or administrative board shall periodically, and at least twice yearly, give consideration to his or her case, with a view to the favourable amendment of the initial decision, if circumstances permit.

    Unless the protected persons concerned object, the Detaining Power shall, as rapidly as possible, give the Protecting Power the names of any protected persons who have been interned or subjected to assigned residence, or who have been released from internment or assigned residence. The decisions of the courts or boards mentioned in the first paragraph of the present Article shall also, subject to the same conditions, be notified as rapidly as possible to the Protecting Power.

    Article 44

    In applying the measures of control mentioned in the present Convention, the Detaining Power shall not treat as enemy aliens exclusively on the basis of their nationality de jure of an enemy State, refugees who do not, in fact, enjoy the protection of any government.

    Article 45

    Protected persons shall not be transferred to a Power which is not a party to the Convention.

    This provision shall in no way constitute an obstacle to the repatriation of protected persons, or to their return to their country of residence after the cessation of hostilities.

    Protected persons may be transferred by the Detaining Power only to a Power which is a party to the present Convention and after the Detaining Power has satisfied itself of the willingness and ability of such transferee Power to apply the present Convention. If protected persons are transferred under such circumstances, responsibility for the application of the present Convention rests on the Power accepting them, while they are in its custody. Nevertheless, if that Power fails to carry out the provisions of the present Convention in any important respect, the Power by which the protected persons were transferred shall, upon being so notified by the Protecting Power, take effective measures to correct the situation or shall request the return of the protected persons. Such request must be complied with.

    In no circumstances shall a protected person be transferred to a country where he or she may have reason to fear persecution for his or her political opinions or religious beliefs.

    The provisions of this Article do not constitute an obstacle to the extradition, in pursuance of extradition treaties concluded before the outbreak of hostilities, of protected persons accused of offences against ordinary criminal law.

    Article 46

    In so far as they have not been previously withdrawn, restrictive measures taken regarding protected persons shall be cancelled as soon as possible after the close of hostilities.

    Restrictive measures affecting their property shall be cancelled, in accordance with the law of the Detaining Power, as soon as possible after the close of hostilities.

    Section III

    Occupied territories

    Article 47

    Protected persons who are in occupied territory shall not be deprived, in any case or in any manner whatsoever, of the benefits of the present Convention by any change introduced, as the result of the occupation of a territory, into the institutions or government of the said territory, nor by any agreement concluded between the authorities of the occupied territories and the Occupying Power, nor by any annexation by the latter of the whole or part of the occupied territory.

    Article 48

    Protected persons who are not nationals of the Power whose territory is occupied may avail themselves of the right to leave the territory subject to the provisions of Article 35, and decisions thereon shall be taken according to the procedure which the Occupying Power shall establish in accordance with the said Article.

    Article 49

    Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited, regardless of their motive.

    Nevertheless, the Occupying Power may undertake total or partial evacuation of a given area if the security of the population or imperative military reasons so demand. Such evacuations may not involve the displacement of protected persons outside the bounds of the occupied territory except when for material reasons it is impossible to avoid such displacement. Persons thus evacuated shall be transferred back to their s as soon as hostilities in the area in question have ceased.

    The Occupying Power undertaking such transfers or evacuations shall ensure, to the greatest practicable extent, that proper accommodation is provided to receive the protected persons, that the removals are effected in satisfactory conditions of hygiene, health, safety and nutrition, and that members of the same family are not separated.

    The Protecting Power shall be informed of any transfers and evacuations as soon as they have taken place.

    The Occupying Power shall not detain protected persons in an area particularly exposed to the dangers of war unless the security of the population or imperative military reasons so demand.

    The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies.

    Article 50

    The Occupying Power shall, with the cooperation of the national and local authorities, facilitate the proper working of all institutions devoted to the care and education of children.

    The Occupying Power shall take all necessary steps to facilitate the identification of children and the registration of their parentage. It may not, in any case, change their personal status, nor enlist them in formations or organizations subordinate to it.

    Should the local institutions be inadequate for the purpose, the Occupying Power shall make arrangements for the maintenance and education, if possible by persons of their own nationality, language and religion, of children who are orphaned or separated from their parents as a result of the war and who cannot be adequately cared for by a near relative or friend.

    A special section of the Bureau set up in accordance with Article 136 shall be responsible for taking all necessary steps to identify children whose identity is in doubt. Particulars of their parents or other near relatives should always be recorded if available.

    The Occupying Power shall not hinder the application of any preferential measures in regard to food, medical care and protection against the effects of war, which may have been adopted prior to the occupation in favour of children under fifteen years, expectant mothers, and mothers of children under seven years.

    Article 51

    The Occupying Power may not compel protected persons to serve in its armed or auxiliary forces. No pressure or propaganda which aims at securing voluntary enlistment is permitted.

    The Occupying Power may not compel protected persons to work unless they are over eighteen years of age, and then only on work which is necessary either for the needs of the army of occupation, or for the public utility services, or for the feeding, sheltering, clothing, transportation or health of the population of the occupied country. Protected persons may not be compelled to undertake any work which would involve them in the obligation of taking part in military operations. The Occupying Power may not compel protected persons to employ forcible means to ensure the security of the installations where they are performing compulsory labour.

    The work shall be carried out only in the occupied territory where the persons whose services have been requisitioned are. Every such person shall, so far as possible, be kept in his usual place of employment. Workers shall be paid a fair wage and the work shall be proportionate to their physical and intellectual capacities. The legislation in force in the occupied country concerning working conditions, and safeguards as regards, in particular, such matters as wages, hours of work, equipment, preliminary training and compensation for occupational accidents and diseases, shall be applicable to the protected persons assigned to the work referred to in this Article.

    In no case shall requisition of labour lead to a mobilization of workers in an organization of a military or semi-military character.

    Article 52

    No contract, agreement or regulation shall impair the right of any worker, whether voluntary or not and wherever he may be, to apply to the representatives of the Protecting Power in order to request the said Power's intervention.

    All measures aiming at creating unemployment or at restricting the opportunities offered to workers in an occupied territory, in order to induce them to work for the Occupying Power, are prohibited.

    Article 53

    Any destruction by the Occupying Power of real or personal property belonging individually or collectively to private persons, or to the State, or to other public authorities, or to social or cooperative organizations, is prohibited, except where such destruction is rendered absolutely necessary by military operations.

    Article 54

    The Occupying Power may not alter the status of public officials or judges in the occupied territories, or in any way apply sanctions to or take any measures of coercion or discrimination against them, should they abstain from fulfilling their functions for reasons of conscience.

    This prohibition does not prejudice the application of the second paragraph of Article 51. It does not affect the right of the Occupying Power to remove public officials from their posts.

    Article 55

    To the fullest extent of the means available to it the Occupying Power has the duty of ensuring the food and medical supplies of the population; it should, in particular, bring in the necessary foodstuffs, medical stores and other articles if the resources of the occupied territory are inadequate.

    The Occupying Power may not requisition foodstuffs, articles or medical supplies available in the occupied territory, except for use by the occupation forces and administration personnel, and then only if the requirements of the civilian population have been taken into account. Subject to the provisions of other international Conventions, the Occupying Power shall make arrangements to ensure that fair value is paid for any requisitioned goods.

    The Protecting Power shall, at any time, be at liberty to verify the state of the food and medical supplies in occupied territories, except where temporary restrictions are made necessary by imperative military requirements.

    Article 56

    To the fullest extent of the means available to it, the Occupying Power has the duty of ensuring and maintaining, with the cooperation of national and local authorities, the medical and hospital establishments and services, public health and hygiene in the occupied territory, with particular reference to the adoption and application of the prophylactic and preventive measures necessary to combat the spread of contagious diseases and epidemics. Medical personnel of all categories shall be allowed to carry out their duties.

    If new hospitals are set up in occupied territory and if the competent organs of the occupied State are not operating there, the occupying authorities shall, if necessary, grant them the recognition provided for in Article 18. In similar circumstances, the occupying authorities shall also grant recognition to hospital personnel and transport vehicles under the provisions of Articles 20 and 21.

    In adopting measures of health and hygiene and in their implementation, the Occupying Power shall take into consideration the moral and ethical susceptibilities of the population of the occupied territory.

    Article 57

    The Occupying Power may requisition civilian hospitals only temporarily and only in cases of urgent necessity for the care of military wounded and sick, and then on condition that suitable arrangements are made in due time for the care and treatment of the patients and for the needs of the civilian population for hospital accommodation.

    The material and stores of civilian hospitals cannot be requisitioned so long as they are necessary for the needs of the civilian population.

    Article 58

    The Occupying Power shall permit ministers of religion to give spiritual assistance to the members of their religious communities.

    The Occupying Power shall also accept consignments of books and articles required for religious needs and shall facilitate their distribution in occupied territory.

    Article 59

    If the whole or part of the population of an occupied territory is inadequately supplied, the Occupying Power shall agree to relief schemes on behalf of the said population, and shall facilitate them by all the means at its disposal.

    Such schemes, which may be undertaken either by States or by impartial humanitarian organizations such as the International Committee of the Red Cross, shall consist, in particular, of the provision of consignments of foodstuffs, medical supplies and clothing.

    All Contracting Parties shall permit the free passage of these consignments and shall guarantee their protection.

    A Power granting free passage to consignments on their way to territory occupied by an adverse Party to the conflict shall, however, have the right to search the consignments, to regulate their passage according to prescribed times and routes, and to be reasonably satisfied through the Protecting Power that these consignments are to be used for the relief of the needy population and are not to be used for the benefit of the Occupying Power.

    Article 60

    Relief consignments shall in no way relieve the Occupying Power of any of its responsibilities under Articles 55, 56 and 59. The Occupying Power shall in no way whatsoever divert relief consignments from the purpose for which they are intended, except in cases of urgent necessity, in the interests of the population of the occupied territory and with the consent of the Protecting Power.

    Article 61

    The distribution of the relief consignments referred to in the foregoing Articles shall be carried out with the cooperation and under the supervision of the Protecting Power. This duty may also be delegated, by agreement between the Occupying Power and the Protecting Power, to a neutral Power, to the International Committee of the Red Cross or to any other impartial humanitarian body.

    Such consignments shall be exempt in occupied territory from all charges, taxes or customs duties unless these are necessary in the interests of the economy of the territory. The Occupying Power shall facilitate the rapid distribution of these consignments.

    All Contracting Parties shall endeavour to permit the transit and transport, free of charge, of such relief consignments on their way to occupied territories.

    Article 62

    Subject to imperative reasons of security, protected persons in occupied territories shall be permitted to receive the individual relief consignments sent to them.

    Article 63

    Subject to temporary and exceptional measures imposed for urgent reasons of security by the Occupying Power:

    ( a ) Recognized National Red Cross (Red Crescent, Red Lion and Sun) Societies shall be able to pursue their activities in accordance with Red Cross principles, as defined by the International Red Cross Conferences. Other relief societies shall be permitted to continue their humanitarian activities under similar conditions;

    ( b ) The Occupying Power may not require any changes in the personnel or structure of these societies, which would prejudice the aforesaid activities.

    The same principles shall apply to the activities and personnel of special organizations of a non-military character, which already exist or which may be established, for the purpose of ensuring the living conditions of the civilian population by the maintenance of the essential public utility services, by the distribution of relief and by the organization of rescues.

    Article 64

    The penal laws of the occupied territory shall remain in force, with the exception that they may be repealed or suspended by the Occupying Power in cases where they constitute a threat to its security or an obstacle to the application of the present Convention. Subject to the latter consideration and to the necessity for ensuring the effective administration of justice, the tribunals of the occupied territory shall continue to function in respect of all offences covered by the said laws.

    The Occupying Power may, however, subject the population of the occupied territory to provisions which are essential to enable the Occupying Power to fulfil its obligations under the present Convention, to maintain the orderly government of the territory, and to ensure the security of the Occupying Power, of the members and property of the occupying forces or administration, and likewise of the establishments and lines of communication used by them.

    Article 65

    The penal provisions enacted by the Occupying Power shall not come into force before they have been published and brought to the knowledge of the inhabitants in their own language. The effect of these penal provisions shall not be retroactive.

    Article 66

    In case of a breach of the penal provisions promulgated by it by virtue of the second paragraph of Article 64, the Occupying Power may hand over the accused to its properly constituted, non-political military courts, on condition that the said courts sit in the occupied country. Courts of appeal shall preferably sit in the occupied country.

    Article 67

    The courts shall apply only those provisions of law which were applicable prior to the offence, and which are in accordance with general principles of law, in particular the principle that the penalty shall be proportionate to the offence. They shall take into consideration the fact that the accused is not a national of the Occupying Power.

    Article 68

    Protected persons who commit an offence which is solely intended to harm the Occupying Power, but which does not constitute an attempt on the life or limb of members of the occupying forces or administration, nor a grave collective danger, nor seriously damage the property of the occupying forces or administration or the installations used by them, shall be liable to internment or simple imprisonment, provided the duration of such internment or imprisonment is proportionate to the offence committed. Furthermore, internment or imprisonment shall, for such offences, be the only measure adopted for depriving protected persons of liberty. The courts provided for under Article 66 of the present Convention may at their discretion convert a sentence of imprisonment to one of internment for the same period.

    The penal provisions promulgated by the Occupying Power in accordance with Articles 64 and 65 may impose the death penalty on a protected person only in cases where the person is guilty of espionage, of serious acts of sabotage against the military installations of the Occupying Power or of intentional offences which have caused the death of one or more persons, provided that such offences were punishable by death under the law of the occupied territory in force before the occupation began.

    The death penalty may not be pronounced against a protected person unless the attention of the court has been particularly called to the fact that, since the accused is not a national of the Occupying Power, he is not bound to it by any duty of allegiance.

    In any case, the death penalty may not be pronounced against a protected person who was under eighteen years of age at the time of the offence.

    Article 69

    In all cases, the duration of the period during which a protected person accused of an offence is under arrest awaiting trial or punishment shall be deducted from any period of imprisonment awarded.

    Article 70

    Protected persons shall not be arrested, prosecuted or convicted by the Occupying Power for acts committed or for opinions expressed before the occupation, or during a temporary interruption thereof, with the exception of breaches of the laws and customs of war.

    Nationals of the Occupying Power who, before the outbreak of hostilities, have sought refuge in the territory of the occupied State, shall not be arrested, prosecuted, convicted or deported from the occupied territory, except for offences committed after the outbreak of hostilities, or for offences under common law committed before the outbreak of hostilities which, according to the law of the occupied State, would have justified extradition in time of peace.

    Article 71

    No sentence shall be pronounced by the competent courts of the Occupying Power except after a regular trial.

    Accused persons who are prosecuted by the Occupying Power shall be promptly informed, in writing, in a language which they understand, of the particulars of the charges preferred against them, and shall be brought to trial as rapidly as possible. The Protecting Power shall be informed of all proceedings instituted by the Occupying Power against protected persons in respect of charges involving the death penalty or imprisonment for two years or more; it shall be enabled, at any time, to obtain information regarding the state of such proceedings. Furthermore, the Protecting Power shall be entitled, on request, to be furnished with all particulars of these and of any other proceedings instituted by the Occupying Power against protected persons.

    The notification to the Protecting Power, as provided for in the second paragraph above, shall be sent immediately, and shall in any case reach the Protecting Power three weeks before the date of the first hearing. Unless, at the opening of the trial, evidence is submitted that the provisions of this Article are fully complied with, the trial shall not proceed. The notification shall include the following particulars:

    ( a ) Description of the accused;

    ( b ) Place of residence or detention;

    ( c ) Specification of the charge or charges (with mention of the penal provisions under which it is brought);

    ( d ) Designation of the court which will hear the case;

    ( e ) Place and date of the first hearing.

    Article 72

    Accused persons shall have the right to present evidence necessary to their defence and may, in particular, call witnesses. They shall have the right to be assisted by a qualified advocate or counsel of their own choice, who shall be able to visit them freely and shall enjoy the necessary facilities for preparing the defence.

    Failing a choice by the accused, the Protecting Power may provide him with an advocate or counsel. When an accused person has to meet a serious charge and the Protecting Power is not functioning, the Occupying Power, subject to the consent of the accused, shall provide an advocate or counsel.

    Accused persons shall, unless they freely waive such assistance, be aided by an interpreter, both during preliminary investigation and during the hearing in court. They shall have the right at any time to object to the interpreter and to ask for his replacement.

    Article 73

    A convicted person shall have the right of appeal provided for by the laws applied by the court. He shall be fully informed of his right to appeal or petition and of the time limit within which he may do so.

    The penal procedure provided in the present Section shall apply, as far as it is applicable, to appeals. Where the laws applied by the Court make no provision for appeals, the convicted person shall have the right to petition against the finding and sentence to the competent authority of the Occupying Power.

    Article 74

    Representatives of the Protecting Power shall have the right to attend the trial of any protected person, unless the hearing has, as an exceptional measure, to be held in camera in the interests of the security of the Occupying Power, which shall then notify the Protecting Power. A notification in respect of the date and place of trial shall be sent to the Protecting Power.

    Any judgment involving a sentence of death, or imprisonment for two years or more, shall be communicated, with the relevant grounds, as rapidly as possible to the Protecting Power. The notification shall contain a reference to the notification made under Article 71, and, in the case of sentences of imprisonment, the name of the place where the sentence is to be served. A record of judgments other than those referred to above shall be kept by the court and shall be open to inspection by representatives of the Protecting Power. Any period allowed for appeal in the case of sentences involving the death penalty, or imprisonment for two years or more, shall not run until notification of judgment has been received by the Protecting Power.

    Article 75

    In no case shall persons condemned to death be deprived of the right of petition for pardon or reprieve.

    No death sentence shall be carried out before the expiration of a period of at least six months from the date of receipt by the Protecting Power of the notification of the final judgment confirming such death sentence, or of an order denying pardon or reprieve.

    The six months period of suspension of the death sentence herein prescribed may be reduced in individual cases in circumstances of grave emergency involving an organized threat to the security of the Occupying Power or its forces, provided always that the Protecting Power is notified of such reduction and is given reasonable time and opportunity to make representations to the competent occupying authorities in respect of such death sentences.


    Article 76

    Protected persons accused of offences shall be detained in the occupied country, and if convicted they shall serve their sentences therein. They shall, if possible, be separated from other detainees and shall enjoy conditions of food and hygiene which will be sufficient to keep them in good health, and which will be at least equal to those obtaining in prisons in the occupied country.

    They shall receive the medical attention required by their state of health.

    They shall also have the right to receive any spiritual assistance which they may require.

    Women shall be confined in separate quarters and shall be under the direct supervision of women.

    Proper regard shall be paid to the special treatment due to minors.

    Protected persons who are detained shall have the right to be visited by delegates of the Protecting Power and of the International Committee of the Red Cross, in accordance with the provisions of Article 143.

    Such persons shall have the right to receive at least one relief parcel monthly.

    Article 77

    Protected persons who have been accused of offences or convicted by the courts in occupied territory shall be handed over at the close of occupation, with the relevant records, to the authorities of the liberated territory.

    Article 78

    If the Occupying Power considers it necessary, for imperative reasons of security, to take safety measures concerning protected persons, it may, at the most, subject them to assigned residence or to internment.

    Decisions regarding such assigned residence or internment shall be made according to a regular procedure to be prescribed by the Occupying Power in accordance with the provisions of the present Convention. This procedure shall include the right of appeal for the parties concerned. Appeals shall be decided with the least possible delay. In the event of the decision being upheld, it shall be subject to periodical review, if possible every six months, by a competent body set up by the said Power.

    Protected persons made subject to assigned residence and thus required to leave their s shall enjoy the full benefit of Article 39 of the present Convention.

    Section IV

    Regulations for the treatment of internees

    Chapter I

    General provisions

    Article 79

    The Parties to the conflict shall not intern protected persons, except in accordance with the provisions of Articles 41, 42, 43, 68 and 78.

    Article 80

    Internees shall retain their full civil capacity and shall exercise such attendant rights as may be compatible with their status.

    Article 81

    Parties to the conflict who intern protected persons shall be bound to provide free of charge for their maintenance, and to grant them also the medical attention required by their state of health.

    No deduction from the allowances, salaries or credits due to the internees shall be made for the repayment of these costs.

    The Detaining Power shall provide for the support of those depen

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