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Типовое соглашение по вопросу о непосредственной репатриации и госпитализации в нейтральной стране раненых и больных военнопленных (англ.)

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Annex I (Geneva, 12.VIII.1949)

MODEL AGREEMENT CONCERNING DIRECT REPATRIATION AND ACCOMMODATION IN NEUTRAL COUNTRIES OF WOUNDED AND SICK PRISONERS OF WAR

(see Article 110)

I. PRINCIPLES FOR DIRECT REPATRIATION AND ACCOMMODATION IN NEUTRAL COUNTRIES

A. Direct repatriation

The following shall be repatriated direct:

1. All prisoners of war suffering from the following disabilities as the result of trauma: loss of a limb, paralysis, articular or other disabilities, when this disability is at least the loss of a hand or a foot, or the equivalent of the loss of a hand or a foot.

Without prejudice to a more generous interpretation, the following shall be considered as equivalent to the loss of a hand or a foot:

        (a) Loss of a hand or of all the fingers,  or of the thumb
and forefinger of one hand; loss of a foot, or of all the toes
and metatarsals of one foot.
(b) Ankylosis,  loss  of   osseous   tissue,   cicatricial
contracture  preventing  the  functioning  of one of the large
articulations or of all the digital joints of one hand.
(c) Pseudarthrosis of the long bones.
(d) Deformities due to  fracture  or  other  injury  which
seriously interfere with function and weight-bearing power.

2. All wounded prisoners of war whose condition has become chronic, to the extent that prognosis appears to exclude recovery - in spite of treatment - within one year from the date of the injury, as, for example, in case of:

        (a) Projectile in the heart,  even if  the  Mixed  Medical
Commission should fail,  at the time of their examination,  to
detect any serious disorders.
(b) Metallic  splinter in the brain or the lungs,  even if
the  Mixed  Medical  Commission  cannot,  at   the   time   of
examination, detect any local or general reaction.
(c) Osteomyelitis, when recovery cannot be foreseen in the
course  of  the  year  following  the injury,  and which seems
likely to result in ankylosis of a joint, or other impairments
equivalent to the loss of a hand or a foot.
(d) Perforating  and  suppurating  injury  to  the   large
joints.
(e) Injury to the skull,  with loss or  shifting  of  bony
tissue.
(f) Injury or burning of the face with loss of tissue  and
functional lesions.
(g) Injury to the spinal cord.
(h) Lesion of the peripheral nerves, the sequelae of which
are equivalent to the loss of a hand or foot,  and the cure of
which  requires more than a year from the date of injury,  for
example:  injury to the brachial or lumbosacral plexus  median
or sciatic nerves,  likewise combined injury to the radial and
cubital nerves or to the lateral popliteal nerve (N.  peroneus
communis) and medial popliteal nerve (N.  tibialis);  etc. The
separate  injury  of  the  radial  (musculo-spiral),  cubital,
lateral or medial popliteal nerves shall not, however, warrant
repatriation except in case  of  contractures  or  of  serious
neurotrophic disturbance.
(i) Injury to  the  urinary  system,  with  incapacitating
results.

3. All sick prisoners of war whose condition has become chronic to the extent that prognosis seems to exclude recovery - in, spite of treatment - within one year from the inception of the disease, as, for example, in case of:

        (a) Progressive tuberculosis of any organ which, according
to medical prognosis, cannot be cured or at least considerably
improved by treatment in a neutral country.
(b) Exudate pleurisy.
(c) Serious  diseases  of  the   respiratory   organs   of
non-tubercular  etiology,  presumed  incurable,  for  example:
serious  pulmonary  emphysema,  with  or  without  bronchitis;
chronic  asthma  1 ;  chronic bronchitis  1  lasting more than
one year in captivity; bronchiectasis  1 ; etc.
(d) Serious  chronic affections of the circulatory system,
for example:  valvular lesions and myocarditis  1 , which have
shown  signs  of  circulatory  failure during captivity,  even
though the Mixed Medical Commission  cannot  detect  any  such
signs   at   the   time  of  examination;  affections  of  the
pericardium and the vessels (Buerger's  disease,  aneurism  of
the large vessels); etc.
(e) Serious chronic affections of  the  digestive  organs,
for  example:  gastric or duodenal ulcer;  sequelae of gastric
operations  performed   in   captivity;   chronic   gastritis,
enteritis  or  colitis,  having  lasted more than one year and
seriously affecting the general condition;  cirrhosis  of  the
liver; chronic cholecystopathy  1 ; etc.
(f) Serious  chronic  affections  of  the   genito-urinary
organs,  for  example:  chronic  diseases  of  the kidney with
consequent disorders;  nephrectomy  because  of  a  tubercular
kidney;  chronic pyelitis or chronic cystitis;  hydronephrosis
or  pyonephrosis;  chronic  grave  gynaecological  conditions;
normal   pregnancy  and  obstetrical  disorder,  where  it  is
impossible to accommodate in a neutral country; etc.
(g) Serious chronic diseases of the central and peripheral
nervous  system,  for  example:  all  obvious  psychoses   and
psychoneuroses,  such  as serious hysteria,  serious captivity
psychoneurosis,  etc.,  duly verified by a specialist  1 ; any
epilepsy  duly  verified  by the camp physician  1 ;  cerebral
arteriosclerosis; chronic neuritis lasting more than one year;
etc.
(h) Serious  chronic  diseases  of  the   neuro-vegetative
system,  with  considerable  diminution  of mental or physical
fitness, noticeable loss of weight and general asthenia.
(i) Blindness of both eyes,  or of one eye when the vision
of the other is less than 1 in spite of the use of  corrective
glasses;  diminution  of  visual  acuity  in cases where it is
impossible to restore it by correction to an acuity of 1/2  in
at  least  one  eye   1 ;  other grave ocular affections,  for
example: glaucoma, iritis, choroiditis; trachoma; etc.
(k) Auditive disorders, such as total unilateral deafness,
if the other ear does not discern the ordinary spoken word  at
a distance of one metre  1 ; etc.
(l) Serious  affections  of   metabolism,   for   example:
diabetes mellitus requiring insulin treatment; etc.
(m) Serious  disorders  of  the  endocrine   glands,   for
example:   thyrotoxicosis;  hypothyrosis;  Addison's  disease;
Simmonds' cachexia; tetany; etc.
(n) Grave  and  chronic  disorders  of  the  blood-forming
organs.
(o) Serious  cases  of chronic intoxication,  for example:
lead  poisoning,  mercury  poisoning,  morphinism,  cocainism,
alcoholism; gas or radiation poisoning; etc.
(p) Chronic  affections  of   locomotion,   with   obvious
functional   disorders,   for  example:  arthritis  deformans;
primary  and  secondary  progressive  chronic   polyarthritis;
rheumatism with serious clinical symptoms; etc.
(q) Serious  chronic  skin  diseases,  not   amenable   to
treatment.
(r) Any malignant growth.
(s) Serious  chronic  infectious diseases,  persisting for
one year after their  inception,  for  example:  malaria  with
decided  organic  impairment,  amoebic  or bacillary dysentery
with grave disorders;  tertiary visceral syphilis resistant to
treatment; leprosy; etc.
(t) Serious avitaminosis or serious inanition.

1 The decision of the Mixed Medical Commission shall be based to a great extent on the records kept by camp physicians and surgeons of the same nationality as the prisoners of war, or on an examination by medical specialists of the Detaining Power.

B. Accommodation in neutral countries

The following shall be eligible for accommodation in a neutral country:

1. All wounded prisoners of war who are not likely to recover in captivity, but who might be cured or whose condition might be considerably improved by accommodation in a neutral country.

2. Prisoners of war suffering from any form of tuberculosis, of whatever organ, and whose treatment in a neutral country would be likely to lead to recovery or at least to considerable improvement, with the exception of primary tuberculosis cured before captivity.

3. Prisoners of war suffering from affections requiring treatment of the respiratory, circulatory, digestive, nervous, sensory, genito-urinary, cutaneous, locomotive organs, etc., if such treatment would clearly have better results in a neutral country than in captivity.

4. Prisoners of war who have undergone a nephrectomy in captivity for a nontubercular renal affection; cases of osteomyelitis, on the way to recovery or latent; diabetes mellitus not requiring insulin treatment; etc.

5. Prisoners of war suffering from war or captivity neuroses. Cases of captivity neurosis which are not cured after three months of accommodation in a neutral country, or which after that length of time are not clearly on the way to complete cure, shall be repatriated.

6. All prisoners of war suffering from chronic intoxication (gases, metals, alkaloids, etc.), for whom the prospects of cure in a neutral country are especially favourable.

7. All women prisoners of war who are pregnant or mothers with infants and small children.

The following cases shall not be eligible for accommodation in a neutral country:

1. All duly verified chronic psychoses.

2. All organic or functional nervous affections considered to be incurable.

3. All contagious diseases during the period in which they are transmissible, with the exception of tuberculosis.



II. GENERAL OBSERVATIONS

1. The conditions given shall, in a general way, be interpreted and applied in as broad a spirit as possible.

Neuropathic and psychopathic conditions caused by war or captivity, as well as cases of tuberculosis in all stages, shall above all benefit by such liberal interpretation. Prisoners of war who have sustained several wounds, none of which, considered by itself, justifies repatriation, shall be examined in the same spirit, with due regard for the psychic traumatism due to the number of their wounds.

2. All unquestionable cases giving the right to direct repatriation (amputation, total blindness or deafness, open pulmonary tuberculosis, mental disorder, malignant growth, etc.) shall be examined and repatriated as soon as possible by the camp physicians or by military medical commissions appointed by the Detaining Power.

3. Injuries and diseases which existed before the war and which have not become worse, as well as war injuries which have not prevented subsequent military service, shall not entitle to direct repatriation.

4. The provisions of this Annex shall be interpreted and applied in a similar manner in all countries party to the conflict. The Powers and authorities concerned shall grant to Mixed Medical Commissions all the facilities necessary for the accomplishment of their task.

5. The examples quoted under (1) above represent only typical cases. Cases which do not correspond exactly to these provisions shall be judged in the spirit of the provisions of Article 110 of the present Convention, and of the principles embodied in the present Agreement.



Источник - Женевская конвенция от 12.08.1949



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