STATUTORY RULES.
1951. No. 11 .
REGULATIONS UNDER THE WAR CRIMES ACT 1945.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the War Crimes Act 1945.
Dated this sixteenth day of February, 1951.
W.J. McKELL
Governor-General.
By His Excellency's Command,
Minister of State for the Navy
WAR CRIMES (IMPRISONMENT) REGULATIONS.
Citation.
1. These Regulations may be cited as the War Crimes (Imprisonment) Regulations.
Definitions.
2. In these Regulations, unless the contrary intention appears—
" guard " means a person employed in a compound for the purpose of guarding and supervising war criminals ;
" member of the staff " means a person who holds an office or appointment within a compound and includes the Officer-in-Charge of a compound and a guard ;
" Officer-in-Charge " means the officer holding the appointment of Commanding Officer of a compound and includes any officer for the time being performing the duties of Officer-in-Charge and the person in charge of guards and members of the staff having custody of war criminals at a place deemed to be a compound under sub-regulation (5.) of regulation 3 of these Regulations ;
" the Naval Board " means the Naval Board appointed under the Naval Defence Act 1910, as amended from time to time ;
" war criminal " means a person who has been found guilty of a war crime and who has been sentenced to imprisonment for life or any less term or upon whom has been passed a sentence of death which has been commuted to imprisonment for life or any less term.
Establishment of compounds.
3.—(1.) The Naval Board may establish, in a State or Territory of the Commonwealth, such compounds as it considers necessary for the imprisonment of war criminals.
* Notified in the Commonwealth Gazette on , 1951.
6095.—PRICE 8D. 10/17.1.1951.
(2.) Any place in which war criminals are held in custody at the date of commencement of these Regulations shall be deemed to be a compound established under these Regulations.
(3.) Subject to these Regulations, a sentence of imprisonment imposed on a war criminal shall be served in a compound.
(4.) A war criminal may be transferred from one compound to another.
(5.) While a war criminal is proceeding to a compound or is being transferred from one compound to another, or is absent from a compound for the purpose of obtaining medical treatment or for performing work, he may be detained at such place as an Officer-in-Charge directs, and that place shall be deemed to be a compound for the purposes of these Regulations.
Warrants.
4.—(1.) A warrant for the commitment of a war criminal to a compound or for the transfer of a war criminal from one compound to another may be in accordance with Form A or Form B in the First Schedule to these Regulations, as the case requires, and may be issued by the Second Naval Member of the Naval Board or the Naval Officer in Charge, New Guinea.
(2.) A warrant issued under sub-regulation (1.) of this regulation shall not be void by reason of any defect in the warrant if it is alleged in the warrant that the war criminal has been convicted and there is a good and valid conviction to sustain the warrant.
Control and management of compounds.
5. The Naval Board shall exercise general control over compounds and shall appoint a Commanding Officer of each compound and such officers, ratings and other persons as, in its opinion, are necessary for the safe custody of war criminals and for the maintenance of discipline in, and the proper administration of, compounds.
Employment of war criminals.
6.—(1.) War criminals may, subject to these Regulations, be employed, either inside or outside a compound, on such work as the Officer-in-Charge, by order, from time to time, directs.
(2.) War criminals shall not be employed—
(a) on any work for the benefit of any private person ;
(b) as a personal servant to any member of the staff of a compound ; or
(c) as a waiter or steward.
Hours of work.
7.—(1.) War criminals shall not be employed on work for periods aggregating, in any one day, more than nine hours exclusive of the time allowed under these Regulations for meals.
(2.) Hours of work shall be so arranged that a war criminal is allowed a period of at least one hour for the purpose of rest or a meal after a period of six consecutive hours of work.
(3.) War criminals shall not be required to work on more than six days in a week.
(4.) A war criminal shall be allowed once in each week twenty-four consecutive hours of rest from work which shall, as far as practicable, be allowed on the day of the week normally set aside as a day for religious observance according to such religious beliefs as the war criminal professes.
(5.) A war criminal shall not be required to work on any day normally observed as a day of major religious significance according to such religious beliefs as the war criminal professes.
(6.) For the purposes of this regulation " work " does not include any work essential for the administration of the compound and the cleaning and maintaining in good repair of clothing and other articles issued to a war criminal.
Hours of work and daily routine may be prescribed
8.—(1.) Subject to regulation 7 of these Regulations, the Officer-in-Charge may make orders fixing the daily hours of work of, and the daily routine to be observed by, war criminals.
(2.) The Officer-in-Charge shall, when making orders under this regulation, allow periods of not less than one hour for the consumption of the mid-day meal and of not less than one half-hour each for the consumption of the morning and evening meals.
Payment for work.
9. A war criminal shall not be entitled to receive any payment for any work, or the proceeds or results of any work, performed by him.
Rations and commodities.
10.—(l.) Subject to the next succeeding sub-regulation and to regulation 28 of these Regulations, rations and commodities shall be supplied to war criminals in quantities not less than those specified in the Second Schedule to these Regulations.
(2.) Where it is impracticable to supply any of the rations and commodities specified in the Second Schedule to these Regulations, the Naval Board may direct that rations or commodities, as the case may be, of a similar nature be supplied, either temporarily or permanently in their stead.
Cooking and eating utensils.
11.—(1.) Cooking and eating utensils shall be supplied to war criminals.
(2.) Hygienic facilities for the washing and the storing of cooking and eating utensils shall be provided for the use of war criminals.
Clothing.
12.—(1.) Such clothing and other articles as the Naval Board considers necessary shall be supplied to war criminals.
(2.) The Officer-in-Charge may, by order, direct war criminals to wear on a particular day or during any season or whilst the war criminals are performing any work, such articles of clothing as are specified in the order.
Accommodation.
13.—(1.) Huts or tents used for the accommodation of war criminals shall be constructed so as to afford protection from the weather to, and to safeguard the health of, war criminals.
(2.) In malarial areas, mosquito nets shall be provided for the use of war criminals or the huts or tents used by war criminals for sleeping shall be fitted with mosquito-proof materials.
(3.) All huts and tents used for the preparation of food or used as latrines shall be fitted with fly-proof materials.
Medical treatments.
14.—(1.) The Officer-in-Charge shall make arrangements for such medical treatment to be given to war criminals as a medical officer recommends.
(2.) Where, in the opinion of a medical officer, it is necessary or desirable that war criminals should be vaccinated or inoculated for the purpose of preventing the spread of, or eradicating, a disease, the Officer-in-Charge may by order, direct that war criminals shall undergo such vaccinations or inoculations as are specified in the order.
(3.) Where, in the opinion of a medical officer, it is necessary in the interests of the health of a war criminal that he receive medical treatment in a hospital outside a compound, the Officer-in-Charge may transfer the war criminal to a hospital.
(4.) Where a war criminal has been transferred to a hospital in accordance with the provisions of the last preceding sub-regulation, the Officer-in-Charge shall take all necessary precautions to ensure the safe custody of the war criminal.
(5.) War criminals suffering from infectious or contagious diseases shall be segregated from other war criminals.
Medical report on war criminals permanently and totally unfit.
15.—(1.) Where a medical officer is of opinion—
(a) that the life of a war criminal will be endangered by his continued detention in a compound ;
(b) that because of ill-health a war criminal will die before he has served his sentence ; or
(c) that a war criminal is totally and permanently unfit, on medical grounds, to suffer the discipline imposed by or under these Regulations on war criminals,
he shall furnish to the Officer-in-Charge a report setting forth the grounds upon which that opinion is based.
(2.) As soon as practicable after receipt by him of a report furnished in pursuance of the last preceding sub-regulation, the Officer-in-Charge shall forward the report to the Naval Board.
(3.) The Naval Board may, if, after consideration of the report, it considers the circumstances so require, remit the sentence imposed on the war criminal.
Death of a war criminal.
16. —(1.) When a war criminal dies, the Officer-in-Charge shall arrange for the body of the war criminal to be examined, as early as practicable, by a medical officer.
(2.) The medical officer shall furnish to the Officer-in-Charge a report stating the date of death and his opinion as to the cause of death and whether the death was due to natural causes or other causes.
(3.) Where the medical officer is of opinion that the death was due to natural causes he shall, in his report, give particulars of the medical treatment, if any, received by the war criminal prior to his death.
(4.) Where the medical officer is of opinion that the death was due to causes other than natural causes, he shall state in his report the grounds upon which he bases that opinion.
(5.) The Officer-in-Charge shall forthwith forward to the Naval Board a report furnished to him in accordance with this regulation together with his own report setting forth the circumstances of the death of the war criminal.
Freedom of Religion.
17.—(1.) War criminals shall be afforded all reasonable facilities for the performance of their religious duties.
(2.) A war criminal shall not be compelled to attend any religious service or parade.
Mails.
18.—(1.) Subject to these Regulations, a war criminal shall be permitted—
(a) to receive each month—
(i) one letter, card or other form of communication approved by the Naval Board; and
(ii) such printed matter as the Naval Board approves ; and
(b) to send—
(i) one letter every six weeks ; and
(ii) one card or other form of communication approved by the Naval Board every month.
(2.) The Officer-in-Charge may make orders specifying the form and length of letters and cards which a war criminal may send.
(3.) Letters, cards and other forms of correspondence may be sent by a war criminal at the expense of the Commonwealth.
(4.) A war criminal shall not be allowed to receive or send any parcel or article other than a parcel or article specified in sub-regulation (1.) of this regulation.
Censorship.
19.—(1.) A postal article addressed to, intended for, or sent by, a war criminal shall be subject to censorship and, for that purpose, may be opened and examined by a member of the staff.
(2.) A war criminal may send or receive a postal article containing information relating to personal or private matters concerning the war criminal or his family or relating to matters necessary for the adequate presentation by the war criminal of a petition concerning his conviction or sentence.
(3.) A war criminal shall not send or receive a postal article containing information relating to political matters, the administration of a compound or any other matter which the Naval Board, by order, directs and any such information shall be obliterated, deleted or excised by a member of the staff.
(4.) The Officer-in-Charge may seize a postal article or other article addressed to or intended for a war criminal in contravention of this or the last preceding regulation and may, with the approval of the Naval Board, destroy or otherwise dispose of the article.
(5.) For the purposes of this regulation, " postal article " means a letter, card, other form of communication approved by the Naval Board, or printed matter.
Libraries.
20. The Officer-in-Charge may establish a library in which shall be placed such books as the Naval Board approves, and the Officer-in-Charge may make orders regulating the use by war criminals of the library.
Facilities for sport.
21. Subject to such instructions as the Naval Board issues, the Officer-in-Charge may supply for the use of war criminals sporting and recreation materials and may make orders regulating the use of those materials.
Smoking.
22.War criminals may be permitted to smoke each day, at such times as the Officer-in-Charge, by order, directs, not more than three cigarettes or an equivalent amount of tobacco which shall be issued free of charge by the Officer-in-Charge.
Escape from custody by war criminals.
23.—(1.) A war criminal who escapes from a compound or from the custody of any person in whose custody he is shall be guilty of an offence.
(2.) An offence against this regulation may be prosecuted summarily or upon indictment.
(3.) The punishment for an offence against this section shall be—
(a) if the offence is prosecuted summarily—imprisonment for a term not exceeding two years; or
(b) if the offence is prosecuted on indictment—imprisonment for life.
Offences by war criminals.
24.—(1.) A war criminal who—
(a) assaults or quarrels with another person ;
(b) uses blasphemous, profane, indecent, insulting or threatening words ;
(c) behaves in an indecent, insulting or threatening manner ;
(d) behaves in a disrespectful, insubordinate or obstructive manner towards a member of the staff or a visitor to a compound ;
(e) obstructs any member of the staff in the performance of his duties;
(f) is idle or negligent in the performance of any work;
(g) without the authority of the member of staff under whose control he then is, leaves his place of work or any place where he is required to be ;
(h) talks or makes noise at times prohibited by the Officer-in-Charge by order under these Regulations ;
(j) without authority, talks, associates or communicates in any way whatsoever with a person other than a member of the staff ;
(k) secretes on his person or elsewhere any article ;
(l) traffics or trades with another person ;
(m) has in his possession an article other than an article issued to him in pursuance of these Regulations ;
(n) refuses or fails to answer a question put to him by a member of the staff ;
(o) makes an answer to a question put to him by a member of the staff which is false or misleading in a particular ;
(p) refuses or fails—
(i) to give assistance to a member of the staff when called upon to do so ;
(ii) to assist in suppressing violence or insubordination of any kind ; or
(iii) to assist in preventing the escape of a war criminal ;
(q) disobeys a lawful order given by a member of the staff ;
(r) refuses, without reasonable excuse, to eat food issued to him in pursuance of these Regulations ;
(s) eats or appropriates to his own use food not issued to him or takes from or adds to the food issued to other war criminals ;
(t) wilfully destroys or throws away food ;
(u) introduces into food or drink any matter likely to render it unwholesome or unpalatable, or contaminates food or drink in any way ;
(v) wilfully or negligently damages, defaces or despoils property in, or any part of, a compound ;
(w) refuses or fails to take reasonable care of property issued to him or provided for his use ;
(x) interferes with any lock, lamp, light or property in a compound except under the direction and supervision of a member of the staff ;
(y) commits a nuisance ;
(z) refuses or fails to keep clean and in good order and condition clothing, bedding or other articles issued to him in pursuance of these Regulations ;
(aa) without the authority of a member of the staff, alters any part of, or removes or alters any distinguishing mark on, clothing, bedding or other articles issued to him in pursuance of these Regulations ;
(ab) wilfully or negligently loses an article issued to him in pursuance of these Regulations ;
(ac) fails to report immediately the loss of, or damage to, any article or property ;
(ad) steals or appropriates to his own use an article or property issued to another war criminal ;
(ae) wilfully or negligently causes to himself an injury, illness or disability ;
(af) malingers or feigns a disease or infirmity ;
(ag) gambles or has in his possession means or instruments of gambling or gaming ;
(ah) offends in any way against the good order and discipline of a compound ; or
(aj) contravenes or fails to comply with any provision of these Regulations or of any order made under these Regulations,
shall be guilty of an offence and shall be punishable in accordance with these Regulations.
(2.) Nothing in these Regulations shall be construed as preventing the prosecution of a war criminal for an offence against any law of a State or Territory of the Commonwealth, but a war criminal shall not be liable to be punished twice for the same offence.
Powers of Officer-in-Charge.
25. Where a war criminal is charged with an offence against the last preceding regulation, the Officer-in-Charge shall investigate the charge as soon as practicable and may—
(a) dismiss the charge if he, in his discretion, thinks the charge should not be proceeded with ;
(b) proceed to deal with the case summarily ; or
(c) where the offence is an offence against a law of a State or Territory of the Commonwealth, direct that the war criminal be prosecuted for the offence under that law.
Powers of Officer-in-Charge to deal with charge summarily.
26.—(1.) Where the Officer-in-Charge proceeds to deal with the charge summarily, he shall hear the charge as soon as practicable.
(2.) At the hearing the Officer-in-Charge shall, as far as possible, observe the rules relating to procedure and reception of evidence applicable in the case of a Commanding Officer dealing with a charge against a rating of the Naval Forces of the Commonwealth.
(3.) The war criminal shall be given proper opportunity to hear the charge and the evidence given against him, to defend himself and to call witnesses on his behalf.
(4.) If the Officer-in-Charge so directs, or if the war criminal so demands, the evidence of all witnesses shall be taken on oath or affirmation, and the Officer-in-Charge shall, for the purposes of this regulation, have power to administer oaths and affirmations.
(5.) If the war criminal admits his guilt or if the Officer-in-Charge finds the charge proved, the Officer-in-Charge may, subject to the next succeeding sub-regulation, impose one or more of the following punishments—
(a) reduced diet in accordance with regulation 28 of these Regulations for a period not exceeding twenty-eight days ;
(b) solitary confinement in accordance with regulation 29 of these Regulations for a period not exceeding fourteen days ;
(c) pack drill in accordance with regulation 30 of these Regulations for a period not exceeding twenty-eight days ;
(d) extra fatigues or duties for a period not exceeding twenty-eight days ;
(e) deprivation of the use, for a period not exceeding ninety days, of any of the facilities or amenities provided in accordance with these Regulations.
(6.) The Officer-in-Charge shall not impose a punishment of pack drill or of extra fatigues to be served concurrently with a punishment of reduced diet or solitary confinement.
Commencement of punishment.
27.—(1.) A punishment imposed under sub-regulation (5.) of the last preceding regulation shall, unless otherwise ordered, commence on the day on which it is imposed.
(2.) The Officer-in-Charge may, from time to time, by order, direct that, for the period specified in the order, the execution of the punishment be suspended.
Reduced diet.
28.—(1.) A war criminal upon whom a punishment of reduced diet is imposed shall be issued with water and ten ounces of biscuits, bread or rice on each day on which he is placed on reduced diet.
(2.) A war criminal upon whom a punishment of reduced diet is imposed shall not be required to undergo the punishment for a continuous period exceeding three consecutives day and, at the expiration of each period of reduced diet, he shall be placed an ordinary diet for a period corresponding to the period of reduced diet.
(3.) Any period during which the war criminal is placed on ordinary diet shall not be counted as part of his punishment.
(4.) A war criminal upon whom a punishment of reduced diet is imposed shall not, whilst undergoing that punishment, be required to perform any work other than that necessary to maintain his cell, room, ward or tent and his clothing and utensils in a clean state.
Solitary confinement.
29. A war criminal upon whom a sentence of solitary confinement is imposed—
(a) shall be placed in such confinement as the Officer-in-Charge directs ;
(b) shall not be permitted to communicate with any person other than a member of the staff ; and
(c) shall be permitted to exercise for a period of one hour each day outside his place of confinement.
Pack Drill.
30.—(1.) A war criminal upon whom a punishment of pack drill is imposed shall undergo that punishment for such periods not exceeding two hours each morning and afternoon as the Officer-in-Charge directs, and shall carry a pack containing blankets or clothing weighing not more than twenty pounds.
(2.) A war criminal shall not be required to undergo two consecutive periods of pack drill exceeding half an hour unless he has been allowed an interval of ten minutes during which he may remove the pack and rest.
Medical examination.
31.—(1.) A war criminal shall not be required to undergo any punishment imposed on him under regulation 26 of these Regulations if a medical officer certifies that he is not in a fit condition of health to undergo the punishment.
(2.) A war criminal upon whom a punishment of reduced diet is imposed shall be examined by a medical officer before the commencement of the punishment and thereafter at least once in every seven days during the period for which he undergoes the punishment.
Sentence of imprisonment imposed by Court not to count as part of sentence imposed for war crime.
32.—(1.) Where a war criminal is sentenced to imprisonment for an offence against regulation 23 of these Regulations or a law of a State or Territory of the Commonwealth, the period during which the war criminal serves the sentence shall not be counted as part of the sentence imposed on him for the war crime of which he has been found guilty.
(2.) A war criminal shall, at the expiration of a sentence of imprisonment imposed on him by a Court of a State or Territory of the Commonwealth, be taken into custody by a member of the staff of the compound in which he was imprisoned at the date of the offence and shall be returned to that compound forthwith.
Record of punishments imposed.
33. The Officer-in-Charge shall record, in a book kept for that purpose, particulars of every charge made against a war criminal, the result of the hearing of the charge, the punishment imposed and the person or Court by whom the punishment was imposed.
Use of mechanical restraints.
34.—(1.) Where a war criminal becomes violent, or, in the opinion of the Officer-in-Charge or a member of the staff, it is necessary that a war criminal be placed under mechanical restraint, the Officer-in-Charge or the member of the staff may direct that the war criminal be placed under mechanical restraint by the use of handcuffs, a strait jacket or a body belt.
(2.) More than one of the means of mechanical restraint specified in sub-regulation (1.) of this regulation may be used.
(3.) A war criminal shall not be placed under mechanical restraint as a punishment and mechanical restraints shall not be used except for the purpose of restraining a war criminal.
(4.) The means of mechanical restraint specified in sub-regulation (1.) of this regulation shall be of a pattern approved by the Naval Board.
(5.) The Officer-in-Charge or member of the staff shall, forthwith after the war criminal has been placed under mechanical restraint, record in writing the making of the order and the following matters :—
(a) the reason for the use of the mechanical restraint ;
(b) the nature of the restraint ;
(c) the period during which the war criminal was, or was to be, placed under the restraint ; and
(d) the mode in which it was applied.
(6.) The Officer-in-Charge shall forthwith report to the Naval Board the making of an order for the application of mechanical restraint.
Use of arms and force where war criminals escape.
35. Where a war criminal escapes or attempts to escape from a compound or from lawful custody, a member of the staff, a member the Naval, Military or Air Forces of the Commonwealth or a constable may use arms or otherwise use force to the extent the war criminal or to necessary to recapture the war criminal or to prevent his escape.
Use of arms and force by members of the staff.
36. Where a war criminal attacks or is reasonably suspected of being about to attack a member of the staff, any member of the staff may use arms or otherwise use force to the extent necessary to prevent injury to the member of the staff.
Recapture of war criminal.
37.—(1.) A war criminal who has escaped from a compound or from lawful custody may be detained and taken into custody by any person without a warrant.
(2.) A person who takes an escaped war criminal into custody shall return the war criminal to a member of the staff of a compound.
Offences.
38.—(1.) A person shall not—
(a) receive or permit any person to receive a gift, fee or reward from, or on behalf of, a war criminal ;
(b) traffic, or have any dealings or permit any person to traffic, or have dealings with, or on behalf of, a war criminal.
Penalty : Fifty pounds or imprisonment for six months.
Complaints by war criminals.
39.—(1.) A war criminal shall be entitled at all reasonable times to submit to the Officer-in-Charge a complaint concerning any matter arising out of his imprisonment.
(2.) If, in the opinion of the Officer-in-Charge, the complaint is justified, he shall take such action as is authorized by these Regulations or as he considers necessary.
(3.) If, in the opinion of the Officer-in-Charge, the complaint is not justified, he shall inform the war criminal accordingly.
(4.) A war criminal who is dissatisfied with a decision of the Officer-in-Charge under this regulation, may request that the complaint made by him be forwarded for consideration by the Naval Board, and the complaint and request shall be forwarded accordingly.
(5.) The Naval Board shall determine the matter and give such directions as to it seem proper.
(6.) The decision of the Naval Board shall be final and conclusive.
Property of war criminal.
40.—(1.) All personal property, including clothing and uniforms, of a war criminal shall be held in safe custody and shall be returned to him on the expiration of his sentence.
(2.) All necessary precautions shall be taken to preserve the personal property of a war criminal from injury or deterioration.
(3.) If the clothing of a war criminal has been destroyed, the Officer-in-Charge shall, on the expiration of his sentence, supply to him such clothing as is, in the opinion of the Officer-in-Charge, suitable for his requirements.
Remissions for good conduct and industry.
41.—(1.) Where the Officer-in- Charge certifies to the continued good conduct and industry of a war criminal, the Naval Board may grant a remission of sentence in accordance with this regulation.
(2.) Where the sentence of imprisonment is for a period less than two years, so much of the sentence as remains unserved at the expiration of seven-eighths of the sentence may be remitted.
(3.) Where the sentence of imprisonment is for a period of two years or for more than two years and less than five years, so much of the sentence as remains unserved at the expiration of five-sixths of the sentence may be remitted.
(4.)Where the sentence of imprisonment is for a period exceeding five years, so much of the sentence as remains unserved at the expiration of three-fourths of the sentence may be remitted.
(5.) Where the sentence of imprisonment is for life, so much of the sentence as remains unserved at the expiration of thirty years may be remitted.
Repatriation of war criminals.
42.—(1.) A war criminal shall, as soon as practicable after the expiration of his sentence, be repatriated to the country of his origin, and pending repatriation shall be detained in a compound or in such custody as the Naval Board directs.
(2.) A person detained in accordance with this regulation shall, for the purposes of discipline, be deemed to be a war criminal and shall comply with such orders as the Officer-in-Charge directs.
Power of Officer-in-Charge to make orders.
43. Subject to these Regulations and to such instructions as the Naval Board issues, the Officer-in-Charge may make such orders as he considers necessary for the proper management and administration of, and for the enforcement of discipline in, a compound.
