Namibia

Geneva Conventions Act, 2003

Notice of trial of protected prisoners of war and internees to be served on protecting power and others
4. (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 or her to imprisonment for a term of two years or more,
may 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 three weeks previously on the protecting power (if there is a protecting power) and, if the accused is a protected prisoner of war, on the accused and the prisoner’s representative.

(2) The particulars contemplated in subsection (1) are -

(a) the full name, date of birth and description of the protected prisoner of war or protected internee who is brought up for trial, including his or her profession or trade (if any), and, if the accused is a protected prisoner of war, his or her rank and his or her army, regimental, personal or serial number;

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

(c) the offence with which such prisoner or internee 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 purposes of this section, a document purporting -

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

(b) to be an acknowledgment of the receipt by such power, representative or person on a specified date of a notice described in the document as a notice under this section,

is, unless the contrary is shown, sufficient evidence that the notice required by subsection (1) was served on such power, representative or person on that date.

(4) In this section “prisoner’s representative”, in relation to a particular protected
prisoner of war at a particular time, means the person by whom the functions of prisoners’ representative within the meaning of Article 79 of the Third Convention were exercisable in relation to such prisoner at the camp or place at which such 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



EDIT.