Practice Relating to Rule 128. Release and Return of Persons Deprived of Their Liberty
Section A. Release and return without delay
Mexico’s Army and Air Force Manual (2009) states:
193. The [1949 Geneva] Convention [III] provides for direct repatriation (return to country of origin):
B. the parties to the conflict are bound to repatriate seriously wounded and sick prisoners of war, regardless of number or rank, after caring for them until they are fit to travel;
194. In some situations that arise at the end of a conflict, the principle established in the Code for prisoners of war of 1929, requiring the repatriation of prisoners on the conclusion of peace, could be detrimental to them. Experience has shown that a very long time can elapse between the time hostilities cease and the time peace is concluded. To remedy this, the Convention states that repatriation must take place “without delay after the cessation of active hostilities”.
195. One exception to immediate repatriation is provided in the case of prisoners convicted of or prosecuted for criminal offences, who may be detained until the end of legal proceedings and, if necessary, until they have completed their sentence.