A/HRC/12/48
page 247
3.
Any person arrested, detained or interned for actions related to the armed conflict
shall be informed promptly, in a language he understands, of the reasons why these
measures have been taken. Except in cases of arrest or detention for penal offences, such
persons shall be released with the minimum delay possible and in any event as soon as the
circumstances justifying the arrest, detention or internment have ceased to exist.
4.
No sentence may be passed and no penalty may be executed on a person found
guilty of a penal offence related to the armed conflict except pursuant to a conviction
pronounced by an impartial and regularly constituted court respecting the generally
recognized principles of regular judicial procedure, which include the following:
(a) The procedure shall provide for an accused to be informed without delay of the
particulars of the offence alleged against him and shall afford the accused before and
during his trial all necessary rights and means of defence;
(b) No one shall be convicted of an offence except on the basis of individual penal
responsibility;
(c) No one shall be accused or convicted of a criminal offence on account of any
act or omission which did not constitute a criminal offence under the national or
international law to which he was subject at the time when it was committed; nor shall a
heavier penalty be imposed than that which was applicable at the time when the criminal
offence was committed; if, after the commission of the offence, provision is made by law
for the imposition of a lighter penalty, the offender shall benefit thereby;
(d) Anyone charged with an offence is presumed innocent until proved guilty
according to law;
(e) Anyone charged with an offence shall have the right to be tried in his presence;
(f)
No one shall be compelled to testify against himself or to confess guilt;
(g) Anyone charged with an offence shall have the right to examine, or have
examined, the witnesses against him and to obtain the attendance and examination of
witnesses on his behalf under the same conditions as witnesses against him;
(h) No one shall be prosecuted or punished by the same Party for an offence in
respect of which a final judgement acquitting or convicting that person has been
previously pronounced under the same law and judicial procedure;
(i) Anyone prosecuted for an offence shall have the right to have the judgement
pronounced publicly; and
(j) a convicted person shall be advised on conviction of his judicial and other
remedies and of the time limits within which they may be exercised.
5.
Women whose liberty has been restricted for reasons related to the armed conflict
shall be held in quarters separated from men's quarters. They shall be under the immediate
supervision of women. Nevertheless, in cases where families are detained or interned,
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