Kiribati

Geneva Conventions Act 1993

PROVISIONS AS TO CERTAIN LEGAL PROCEEDINGS

Notice of trial of protected persons
6. (1) The court before which -

(a) a protected prisoner of war is brought up for trial for any offence; or

(b) a protected internee is brought up for trial for an offence for which that court has power to sentence him to death or to imprisonment for a term of 2 years or more,
shall not proceed with the trial until it is proved to the satisfaction of the court that a notice containing the particulars mentioned in subsection (2), so far as they are known to the prosecutor, has been served not less than 3 weeks previously -

(i) on the protecting Power; and
(ii) if the accused is a protected prisoner of war, on the accused and the prisoners’ representative.

(2) The particulars referred to in subsection (1) are -

(a) the full name and description of the accused, including -

(i) the date of his birth; and
(ii) his profession or trade, if any; and
(iii) if the accused is a protected prisoner of war, his rank and army, regimental, personal or serial number;

(b) his place of detention, internment or residence;

(c) the offence with which he is charged; and

(d) the court before which the trial is to take place and the time and place
appointed for the trial.

(3) For the purpose of this section a document purporting -

(a) to be signed on behalf of the protecting Power or by the prisoners’ representative or by the person accused, as the case may be; and

(b) to be an acknowledgement of the receipt by that Power, representative or person on a specified day of a notice described therein as a notice under this session,
shall, unless the contrary is shown, be sufficient evidence that the notice required by subsection (1) was served on that Power, representative or person on that day.

(4) In this section the expression -
"prisoners’ representative", in relation to a particular protected prisoner of war at a particular time, means the person by whom the functions or prisoners’ representative within the meaning of Article 79 of the Third Geneva Convention were exercisable in relation to that prisoner at the camp at which that prisoner was, at or last before that time, detained as a protected prisoner of war.

Keywords

Rights during trial - informed promptly and in detail of charges



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