Page:EB1922 - Volume 32.djvu/173

Rh to the appropriation, possession of or injury to property to two months' military confinement.

In addition to the summary punishments, there were, of course, in both countries the punishment of death and imprisonment, which could only be inflicted by court-martial. In some cases the German code lays down minimum punishments of great severity, and in many of those cases, in which the infliction of very severe punishments properly raised a great outcry in England, the German court-martial had no option but to pass them. The British military law on the other hand has only one offence—murder—for which there is a fixed punishment; for others it is “such less punishment as is in the Act mentioned.”

In one respect the prisoners of both countries never were satisfied. Neither understood or appreciated the procedure of the other. The British never understood the long delays, sometimes it is to be feared deliberate, which occurred in bringing them to trial for alleged offences, and during which they were kept under arrest, nor, owing to their ignorance of the German military code, could they understand the very severe sentences necessarily passed by courts-martial (which seem usually to have been conducted with fairness), nor the right of the prosecutor to appeal against a sentence which he considered to be inadequate.

On the other hand, the Germans never appreciated the British procedure, nor could they understand the absence of any right of formal appeal from a sentence, for which ample provision is made in Germany, even against the award of a disciplinary punishment, a right which, oddly enough, by Sec. 52 of the Regulations relating to it, the accused shared with the prosecutor “only when the sentence has been carried out.”

Parole.—Articles 10, 11 and 12 deal with the subject of parole. In the World War no combatant prisoners, with one exception, were allowed to leave Germany or Great Britain on parole, or to reside outside the camps. The only cases in which questions arose were with regard to the temporary parole given when officers left their camps for a walk, and the parole given by those who were interned in neutral countries. According to the custom of the British Army no officer ought to give his parole, it being his duty to escape and rejoin his unit if he can, nor can anyone below the rank of officer give a parole. In both countries, however, officers were eventually allowed to go out for a walk in parties accompanied by an officer, each giving in writing a temporary written parole that he would not attempt to escape, nor during the walk make arrangements to escape, nor do anything to the prejudice of the captor State. The parole was given on leaving the camp and returned on reëntry.

The case of those interned in neutral countries was different. The British officers of the Royal Naval Division interned in Holland after the fall of Antwerp were permitted to choose their own residence in Groningen on parole, the men being interned close by. This privilege was withdrawn for a time, and the officers were interned in a fortress, but it was restored later.

As time went on, the Netherlands Government permitted officers to return to England and Germany on parole, on proof of the serious illness of a near relative, a concession which was afterwards extended so that regular periods of leave were enjoyed by both officers and men, the former giving a formal parole and the latter a promise to return on the expiration of their leave, while the British Government gave its assurance that the men would not be employed on any work to do with war, and would return at the end of their leave. Similarly, the Danish and Norwegian Governments granted leave to British and German combatants interned in their countries.

No parole seems to have been taken from those officers who were interned in Switzerland or Holland under the agreements made in 1917 and 1918 with the German Government.

Relief Societies.—Article 15 deals with societies for the relief of prisoners. An immense amount of valuable work, impossible here to particularize, was done by such societies. The American branch of the Y.M.C.A. especially did much for the prisoners in England and Germany, being permitted to work on the following conditions, substantially the same in both countries.

A building or tent might be erected in the camp with the consent of the general officer in command of the district or army corps, but nothing might be sold in it nor could any one be employed there other than a prisoner. A member of the association might visit the camp once a week for a definite time. He might hold services, provide materials for games, entertainments and employment, arrange instructional courses, provide books (subject to censorship) and writing materials other than writing paper and envelopes. Nothing might be given to or received by a prisoner without the commandant's consent.

Recreation.—No express provision is contained in the Hague Convention relating to the occupation of prisoners in their leisure time, but much of the good work done by the societies had to do with the recreation and education of prisoners. In both countries, and in nearly all camps, provision was eventually made for sufficient space for recreation and exercise, but this was not the case at first. At Halle, for instance, a German camp for officers, established in a disused factory, the only place for exercise was the space enclosed by the three buildings, in which some 500 officers lived. It measured about 100 yards by 50, and in winter was a morass of water and mud; in summer deep in dust. In some of the men's camps the space was very confined, and organized games of any kind were impossible. But later things improved, and in most provision, sometimes at the prisoners' expense, was made for sufficient room for tennis, football and other games.

In England, facilities were provided by the War Office. To take two typical instances, it may be said that at Donnington Hall for German officers, there was a considerable space in front of the house, and at Dorchester, for men, there was a large field where any games could be played.

As time went on, walks outside the camp were permitted for officers on their giving a temporary parole, and in Germany, in some of the larger working camps, the men were allowed out for walks on Sunday.

With regard to educational facilities, in England both officers and men made their own arrangements, as they did in Germany, with the full concurrence of the authorities. At Münster, for instance, the general officer commanding excused all students from work, and much was done by some of the prisoners in the organization of classes and lectures. The neutral organizations, such as the American and Danish Y.M.C.A.'s, also did a great deal in this direction, as did certain of the German civilians in the neighbourhood of the great camp at Göttingen. Professor Stange and some of his colleagues interested themselves in the prisoners and organized the educational work in the camp, and he himself had an office there where he was accessible to prisoners, and assisted them with his advice on educational matters. He used even to obtain the requisites for games through the Red Cross in Switzerland. Unfortunately for them, all the British prisoners were ultimately removed from Göttingen, which had become something of a model camp.

Some of the larger employers were also very considerate in this respect, providing recreation halls and fields for playing games, and even musical instruments. At Mulheim the Dutch visitor found the employers had paid the expenses of the prisoners' Christmas festivities.

Letters.—Article 16 was observed by both countries, except that at one time in some of the camps in Germany customs duties were charged on the contents of parcels, but this seems to have been due to some misapprehension, and was soon abandoned. Prisoners were as a rule allowed to write two letters a month and a postcard every week, and, in addition, a postcard in the prescribed form acknowledging the receipt of a parcel. But later in the war a “first capture postcard” was introduced, by which on a printed form a prisoner was allowed to notify to his relatives his capture, his state of health and his address.

Pay.—Article 17 provides for officers receiving the same rate of pay as officers of the corresponding rank in the army of the captors. This provision was not observed by the German Government, who paid subalterns 60 marks a month and other ranks rather more. Accordingly, the British Government