The Treaty of Sèvres, 1920
(from: The Treaties of Peace 1919-1923,
Vol. II, Carnegie Endowment for International Peace, New York, 1924.)
Section I, Articles 1-260
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Map (34k) of
Turkey, illustrating the Treaty of Sevres region.
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detailed Map (51k) of Western Turkey, showing the Zone of the Straits.
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detailed Map (31k) of Eastern Turkey, showing the extent of Turkish Armenia
according to President Wilson's boundary decision.
(Compiled by Lt.-Col. Lawrence Martin, Geographer of the Institute of Politics)
THE TREATY OF PEACE BETWEEN THE ALLIED AND
ASSOCIATED POWERS
AND TURKEY
SIGNED AT SÈVRES
AUGUST 10, 1920
THE BRITISH EMPIRE, FRANCE, ITALY AND JAPAN,
These Powers being described in the present
Treaty as the Principal Allied Powers;
ARMENIA, BELGIUM, GREECE, THE HEDJAZ, POLAND,
PORTUGAL, ROUMANIA, THE SERB-CROAT-SLOVENE STATE AND CZECHO-SLOVAKIA,
These Powers constituting, with the Principal
Powers mentioned above, the Allied Powers, of the one part;
AND TURKEY,
of the other part;
Whereas on the request of the Imperial Ottoman
Government an Armistice was granted to Turkey on October 30, 1918, by the
Principal Allied Powers in order that a Treaty of Peace might be concluded, and
Whereas the Allied Powers are equally desirous
that the war in which certain among them were successively involved, directly
or indirectly, against Turkey, and which originated in the declaration of war
against Serbia on July 28, I914, by the former Imperial and Royal
Austro-Hungarian Government, and in the hostilities opened by Turkey against
the Allied Powers on October 29, 1914, and conducted by Germany in alliance
with Turkey, should be replaced by a firm, just and durable Peace,
For this purpose the HIGH CONTRACTING PARTIES
have appointed as their Plenipotentiaries:
HIS MAJESTY THE KING OF THE UNITED KINGDOM OF
GREAT BRITAIN AND IRELAND AND OF THE BRITISH DOMINIONS BEYOND TIIE SEAS,
EMPEROR OF INDIA:
Sir George Dixon GRAHAME, K. C. V. O., Minister Plenipotentiary of His
Britannic Majesty at Paris;
for the DOMINION of CANADA:
The Honourable Sir George Halsey PERLEY, K.C. M. G
High Commissioner for Canada in the United Kingdom;
for the COMMONWEALTH of AUSTRALIA:
The Right Honourable Andrew FISHER, High Commissioner for Australia in the
United Kingdom;
for the DOMINION of NEW ZEALAND:
Sir George Dixon GRAHAME, K. C. V. O., Minister Plenipotentiary of His
Britannic Majesty at Paris;
for the UNION of SOUTH AFRICA:
Mr. Reginald Andrew BLANKENBERG, O. B. E., Acting High Commissioner for the
Union of South Africa in the United Kingdom;
for INDIA:
Sir Arthur HIRTZEL, K. C. B., Assistant Under Secretary of State for India;
THE PRESIDENT OF THE FRENCH REPUBLIC:
Mr. Alexandre MILLERAND, President of the Council, Minister for Foreign Affairs
Mr. Frederic FRANÇOIS-MARSAL, Minister of Finance
Mr. Auguste Paul-Louis ISAAC, Minister of Commerce and Industry;
Mr. Jules CAMBON, Ambassador of France
Mr. Georges Maurice PALÉOLOGUE, Ambassador of France, Secretary-General of the
Ministry of Foreign Affairs;
Hls MAJESTY THE KING OF ITALY:
Count LELIO BONIN LONGARE, Senator of the Kingdom
Ambassador Extraordinary and Plenipotentiary
of H. M. the King of Italy at Paris
General Giovanni MARIETTI, Italian Military Representative on the Supreme War
Council;
Hls MAJESTY THE EMPEROR OF JAPAN:
Viscount CHINDA, Ambassador Extraordinary and Plenipotentiary of H. M. the
Emperor of Japan at London;
Mr. K. MATSUI, Ambassador Extraordinary and Plenipotentiary of H. M. the
Emperor of Japan at Paris;
ARMENIA:
Mr. Avetis AHARONIAN, President of the Delegation of the Armenian Republic;
HIS MAJESTY THE KING OF THE BELGIANS:
Mr. Jules VAN DEN HEUVEL, Envoy Extraordinary and Minister Plenipotentiary,
Minister of State;
Mr. ROLIN JAEQUEMYNS, Member of the Institute of Private International Law,
Secretary-General of the Belgian Delegation;
HIS MAJESTY THE KING OF THE HELLENES:
Mr. Eleftherios K. VENIZELOS, President of the Council of Ministers;
Mr. Athos ROMANOS, Envoy Extraordinary and Minister Plenipotentiary of H. M.
the King of the Hellenes at Paris;
HIS MAJESTY THE KING OF THE HEDJAZ:
THE PRESIDENT OF THE POLISH REPUBLIC:
Count Maurice ZAMOYSKI, Envoy Extraordinary and Minister Plenipotentiary of the
Polish Republic at Paris;
Mr. Erasme PILTZ;
THE PRESIDENT OF THE PORTUGUESE REPUBLIC:
Dr. Affonso da COSTA, formerly President of the Council of Ministers;
His MAJESTY THE KING OF ROUMANIA:
Mr. Nicolae TITULESCU, Minister of Finance;
Prince DIMITRIE GHIKA, Envoy Extraordinary and
Minister Plenipotentiary of H. M. the King of Roumania at Paris;
Hls MAJESTY THE KING OF THE SERBS, THE CROATS
AND THE SLOVENES:
Mr. Nicolas P. PACHITCH, formerly President of
the Council of Ministers;
Mr. Ante TRUMBIC, Minister for Foreign Affairs;
THE PRESIDENT OF THE CZECHO-SLOVAK REPUBLIC:
Mr. Edward BENES, Minister for Foreign Affairs;
Mr. Stephen OSUSKY, Envoy Extraordinary and Minister Plenipotentiary of the
Czecho-Slovak Republic at London;
TURKEY:
General HAADI Pasha, Senator;
RIZA TEVFIK Bey, Senator;
RECHAD HALISS Bey, Envoy Extraordinary and Minister Plenipotentiary of Turkey
at Berne; WHO, having communicated their full powers, found in good and due
form, have AGREED AS FOLLOWS:
From the coming into force of the present
Treaty the state of war will terminate.
From that moment and subject to the provisions
of the present Treaty, officiai relations will exist between the Allied Powers
and Turkey.
PART I.
THE COVENANT OF THE LEAGUE OF NATIONS.
ARTICLES 1 TO 26 AND ANNEX
See Part I, Treaty of Versailles, Pages 10-23.
PART II.
FRONTIERS OF TURKEY.
ARTICLE 27.
I. In Europe, the frontiers of Turkey will be
laid down as follows:
1. The Black Sea: from the entrance of the Bosphorus to the point described
below.
2. With Greece:
From a point to be chosen on the Black Sea near the mouth of the Biyuk Dere,
situated about 7 kilometres north-west of Podima, south-westwards to the most
north-westerly point of the limit of the basin of the Istranja Dere (about 8
kilometres northwest of Istranja), a line to be fixed on the ground passing
through Kapilja Dagh and Uchbunar Tepe;
thence south-south-eastwards to a point to be chosen on the railway from Chorlu
to Chatalja about 1 kilometre west of the railway station of Sinekli, a line
following as far as possible the western limit of the basin of the Istranja
Dere;
thence south-eastwards to a point to be chosen between Fener and Kurfali on the
watershed between the basins of those rivers which flow into Biyuk Chekmeje
Geul, on the north-east, and the basin of those rivers which flow direct into
the Sea of Marmora on the south-west, a line to be fixed on the ground passing
south of Sinekli;
thence south-eastwards to a point to be chosen on the Sea of Marmora about 1
kilometre south-west of Kalikratia, a line following as far as possible this
watershed.
3. The Sea of Marmora:
from the point defined above to the entrance of the Bosphorus.
II. In Asia, the frontiers of Turkey will be
laid down as follows:
1. On the West and South:
From the entrance of the Bosphorus into the Sea of Marmora to a point described
below, situated in the eastern Mediterranean Sea in the neighbourhood of the
Gulf of Alexandretta near Karatash Burun the Sea of Marmora, the Dardanelles,
and the Eastern Mediterranean Sea; the islands of the Sea of Marmora, and those
which are situated within a distance of 3 miles from the coast, remaining
Turkish, subject to the provisions of Section IV and Articles 84 and 122, Part
III (Political Clauses).
2. With Syria:
From a point to be chosen on the eastern bank of the outlet of the Hassan Dede,
about 3 kilometres north-west of Karatash Bu- run, north-eastwards to a point
to be chosen on the Djaihun Irmak about 1 kilometre north of Babeli, a line to
be fixed on the ground passing north of Karatash; thence to Kesik Kale, the
course of the Djaihun Irmak upstream;
thence north-eastwards to a point to be chosen on the Djaihun Irmak about 15
kilometres east-southeast of Karsbazar, a line to be fixed on the ground
passing north of Kara Tepe;
thence to the bend in the Djaihun Irmak situated west of Duldul Dagh, the
course of the Djaihun Irmak upstream;
thence in a general south-easterly direction to a point to be chosen on Emir
Musi Dagh about 15 kilometres south-south-west of Giaour Geul a line to be
fixed on the ground at a distance of about 18 kilometres from the railway, and
leaving Duldul Dagh to Syria;
thence eastwards to a point to be chosen about 5 kilometres north of Urfa a
generally straight line from west to east to be hxed on the ground passing
north of the roads connecting the towns of Bagh- che, Aintab, Biridjik, and
Urfa and leaving the last three named towns to Syria;
thence eastwards to the south-western extremity of the bend in the Tigris about
6 kilometres north of Azekh (27 kilometres west of Djezire-ibn-Omar), a
generally straight line from west to east to be fixed on the ground leaving the
town of Mardin to Syria;
thence to a point to be chosen on the Tigris between the point of confluence of
the Khabur Su with the Tigris and the bend in the Tigris situated about 10
kilometres north of this point,
the course of the Tigris downstream, leaving the island on which is situated
the town of Djezire-ibn-Omar to Syria.
3. With Mesopotamia:
Thence in a general easterly direction to a point to be chosen on the northern
boundary of the vilayet of Mosul,
a line to be fixed on the ground;
thence eastwards to the point where it meets the frontier between Turkey and
Persia,
the northern boundary of the vilayet of Mosul, modified, however, so as to pass
south of Amadia.
4. On the East and the North East:
From the point above defined to the Black Sea, the existing frontier between
Turkey and Persia, then the former frontier between Turkey and Russia, subject
to the provisions of Article 89.
5. The Black Sea.
ARTICLE 28.
The frontiers described by the present Treaty
are traced on the one in a million maps attached to the present Treaty. In case
of differences between the text and the map, the text will prevail. [See
Introduction.]
ARTICLE 29.
Boundary Commissions, whose composition is or
will be fixed in the present Treaty or in Treaties supplementary thereto, will
have to trace these frontiers on the ground.
They shall have the power, not only of fixing
those portions which are defined as "a line to be fixed on the ground," but
also, if the Commission considers it necessary, of revising in matters of
detail portions defined by administrative boundaries or otherwise. They shall
endeavour in all cases to follow as nearly as possible the descriptions given
in the Treaties, taking into account, as far as possible, administrative
boundaries and local economic interests.
The decisions of the Commissions will be taken
by a majority, and shall be binding on the parties concerned.
The expenses of the Boundary Commissions will
be borne in equal shares by the parties concerned.
ARTICLE 30.
In so far as frontiers defined by a waterway
are concerned, the phrases "course" or "channel" used in the descriptions of
the present Treaty signify, as regards non-navigable rivers, the median line of
the waterway or of its principal branch, and, as regards navigable rivers, the
median line of the principal channel of navigation. It will rest with the
Boundary Commissions provided for by the present Treaty to specify whether the
frontier line shall follow any changes of the course or channel which may take
place, or whether it shall be definitely fixed by the position of the course or
channel at the time when the present Treaty comes into force.
In the absence of provisions to the contrary
in the present Treaty, islands and islets Iying within three miles of the coast
are included within the frontier of the coastal State.
ARTICLE 31.
The various States concerned undertake to
furnish to the Commissions all documents necessary for their tasks, especially
authentic copies of agreements fixing existing or old frontiers, all large
scale maps in existence, geodetic data, surveys completed but unpublished, and
information concerning the changes of frontier watercourses. The maps, geodetic
data, and surveys, even if unpublished, which are in the possession of the
Turkish authorities must be delivered at Constantinople, within thirty days
from the coming into force of the present Treaty, to such representative of the
Commissions concerned as may be appointed by the principal Allied Powers.
The States concerned also undertake to
instruct the local authorities to communicate to the Commissions all documents,
especially plans, cadastral and land books, and to furnish on demand all
details regarding property, existing economic conditions, and other necessary
information.
ARTICLE 32.
The various States interested undertake to
give every assistance to the Boundary Commissions, whether directly or through
local authorities, in everything that concerns transport, accommodation,
labour, materials (sign-posts, boundary pillars) necessary for the
accomplishment of their mission.
In particular the Turkish Government
undertakes to furnish to the Principal Allied Powers such technical personnel
as they may consider necessary to assist the Boundary Commissions in the
accomplishment of their mission.
ARTICLE 33.
The various States interested undertake to
safeguard the trigonometrical points, signals, posts or frontier marks erected
by the Commissions.
ARTICLE 34
The pillars will be placed so as to be
intervisible; they will be numbered, and their position and their number will
be noted on a cartographic document.
ARTICLE 35.
The protocols defining the boundary and the
maps and documents attached thereto will be made out in triplicate, of which
two copies will be forwarded to the Governments of the limitrophe States, and
the third to the Government of the French Republic, which will deliver
authentic copies to the Powers who sign the present Treaty.
PART III.
POLITICAL CLAUSES.
SECTION I.
CONSTANTINOPLE.
ARTICLE 36.
Subject to the provisions of the present
Treaty, the High Contracting Parties agree that the rights and title of the
Turkish Government over Constantinople shall not be affected, and that the said
Government and His Majesty the Sultan shall be entitled to reside there and to
maintain there the capital of the Turkish State.
Nevertheless, in the event of Turkey failing
to observe faithfully the provisions of the present Treaty, or of any treaties
or conventions supplementary thereto, particularly as regards the protection of
the rights of racial, religious or linguistic minorities, the Allied Powers
expressly reserve the right to modify the above provisions, and Turkey hereby
agrees to accept any dispositions which may be taken in this connection.
SECTION I I .
STRAITS.
ARTICLE 37.
The navigation of the Straits, including the
Dardanelles, the Sea of Marmora and the Bosphorus, shall in future be open,
both in peace and war, to every vessel of commerce or of war and to military
and commercial aircraft, without distinction of flag.
These waters shall not be subject to blockade,
nor shall any belligerent right be exercised nor any act of hostility be
committed within them, unless in pursuance of a decision of the Council of the
League of Nations.
ARTICLE 33.
The Turkish Government recognises that it is
necessary to take further measures to ensure the freedom of navigation provided
for in Article 37, and accordingly delegates, so far as it is concerned, to a
Commission to be called the "Commission of the Straits," and hereinafter
referred to as 'the Commission," the control of the waters specified in Article
39.
The Greek Government, so far as it is
concerned, delegates to the Commission the same powers and undertakes to give
it in all respects the same facilities.
Such control shall be exercised in the name of
the Turkish and Greek Governments respectively, and in the manner provided in
this Section.
ARTICLE 39.
The authority of the Commission will extend to
all the waters between the Mediterranean mouth of the Dardanelles and the Black
Sea mouth of the Bosphorus, and to the waters within three miles of each of
these mouths.
This authority may be exercised on shore to
such extent as may be necessary for the execution of the provisions of this
Section.
ARTICLE 40.
The Commission shall be composed of
representatives appointed respectively by the United States of America (if and
when that Government is willing to participate), the British Empire, France,
Italy, Japan, Russia (if and when Russia becomes a member of the League of
Nations), Greece, Roumania, and Bulgaria and Turkey (if and when the two latter
States become members of the League of Nations). Each Power shall appoint one
representative. The representatives of the United States of America, the
British Empire, France, Italy, Japan and Russia shall each have two votes. The
representatives of Greece, Roumania, and Bulgaria and Turkey shall each have
one vote. Each Commissioner shall be removable only by the Government which
appointed him.
ARTICLE 41.
The Commissioners shall enjoy, within the
limits specified in Article 39, diplomatic privileges and immunities.
ARTICLE 42.
The Commission will exercise the powers
conferred on it by the present Treaty in complete independence of the local
author ity. It will have its own flag, its own budget and its separate
organisation.
ARTICLE 43.
Within the limits of its jurisdiction as laid
down in Article 39 the Commission will be charged with the following duties:
(a) the execution of any works considered
necessary for the improvement of the channels or the approaches to harbours;
(b) the lighting and buoying of the channels;
(c) the control of pilotage and towage;
(d) the control of anchorages;
(e) the control necessary to assure the application in the ports of
Constantinople and Haidar Pasha of the regime prescribed in Articles 335 to
344, Part XI (Ports, Waterways and Railways) of the present Treaty;
(f) the control of all matters relating to wrecks and salvage;
(g) the control of lighterage;
ARTICLE 44.
In the event of the Commission finding that
the liberty of passage is being interfered with, it will inform the
representatives at Constantinople of the Allied Powers providing the occupying
forces provided for in Article 178. These representatives will thereupon
concert with the naval and military commanders of the said forces such measures
as may be deemed necessary to preserve the freedom of the Straits. Similar
action shall be taken by the said representatives in the event of any external
action threatening the liberty of passage of the Straits.
ARTICLE 45.
For the purpose of the acquisition of any
property or the execution of any permanent works which may be required, the
Commission shall be entitled to raise such loans as it may consider necessary.
These loans will be secured, so far as possible, on the dues to be levied on
the shipping using the Straits, as provided in Article 53.
ARTICLE 46.
The functions previously exercised by the
Constantinople Superior Council of Health and the Turkish Sanitary
Administration which was directed by the said Council, and the functions
exercised by the National Life-boat Service of the Bosphorus will within the
limits specified in Article 39 be discharged under the control of the
Commission and in such manner as it may direct.
The Commission will co-operate in the
execution of any common policy adopted by the League of Nations for preventing
and combating disease.
ARTICLE 47.
Subject to the general powers of control
conferred upon the Commission, the rights of any persons or companies now
holding concessions relating to lighthouses, docks, quays or similar matters
shall be maintained; but the Commission shall be entitled if it thinks it
necessary in the general interest to buy out or modify such rights upon the
conditions laid down in Article 311 Part IX (Economic Clauses) of the present
Treaty, or itself to take up a new concession.
ARTICLE 48.
In order to facilitate the execution of the
duties with which it is entrusted by this Section, the Commission shall have
power to organise such a force of special police as may be necessary. This
force shall be drawn so far as possible from the native population of the zone
of the Straits and islands referred to in Article 178, Part V (Military, Naval
and Air Clauses), excluding the islands of Lemnos, Imbros, Samothrace, Tenedos
and Mitylene. The said force shall be commanded by foreign police officers
appointed by the Commission.
ARTICLE 49.
In the portion of the zone of the Straits,
including the islands of the Sea of Marmora, which remains Turkish, and pending
the coming into force of the reform of the Turkish judicial system provided for
in Article I36, all infringements of the regulations and by-laws made by the
Commission, committed by nationals of capitulatory Powers, shall be dealt with
by the Consular Courts of the said Powers. The Allied Powers agree to make such
infringements justiciable before their Consular Courts or authorities.
Infringements committed by Turkish nationals or nationals of non-capitulatory
Powers shall be dealt with by the competent Turkish judicial authorities.
In the portion of the said zone placed under
Greek sovereignty such infringements will be dealt with by the competent Greek
judicial authorities.
ARTICLE 50.
The officers or members of the crew of any
merchant vessel vwithin the limits of the jurisdiction of the Commission who
may be arrested on shore for any offence committed either ashore or afloat
within the limits of the said jurisdiction shall be brought before the
competent judicial authority by the Commission's police. If the accused was
arrested otherwise than by the Commission's police he shall immediately be
handed over to them.
ARTICLE 51 .
The Commission shall appoint such subordinate
officers or officials as may be found indispensable to assist it in carrying
out the duties with which it is charged.
ARTICLE 52.
In all matters relating to the navigation of
the waters within the limits of the jurisdiction of the Commission all the
ships referred to in Article 37 shall be treated upon a footing of absolute
equality.
ARTICLE 53.
Subject to the provisions of Article 47 the
existing rights under which dues and charges can be levied for various
purposes, whether direct by the Turkish Government or by international bodies
or private companies, on ships or cargoes within the limits of the jurisdiction
of the Commission shall be transferred to the Commisssion The Commission shall
fix these dues and charges at such amounts only as may be reasonably necessary
to cover the cost of the works executed and the services rendered to shipping,
including the general costs and expenses of the administration of the
Commission, and the salaries and pay provided for in paragraph 3 of the Annex
to this Section.
For these purposes only and with the prior
consent of the Council of the League of Nations the Commission may also
establish dues and charges other than those now existing and fix their amounts.
ARTICLE 54.
All dues and charges imposed by the Commission
shall be levied without any discrimination and on a footing of absolute
equality between all vessels, whatever their port of origin, destination or
departure, their flag or ownership, or the nationality or ownership of their
cargoes.
This disposition does not affect the right of
the Commission to fix in accordance with tonnage the dues provided for by this
Section.
ARTICLE 55.
The Turkish and Greek Governments respectively
undertake to facilitate the acquisition by the Commission of such land and
buildings as the Commission shall consider it necessary to acquire in order to
carry out effectively the duties with which it is entrusted.
ARTICLE 56.
Ships of war in transit through the waters
specified in Article 39 shall conform in all respects to the regulations issued
by the Commission for the observance of the ordinary rules of navigation and of
sanitary requirements.
ARTICLE 57.
(1) Belligerent warships shall not revictual
nor take in stores except so far as may be strictly necessary to enable them to
complete the passage of the Straits and to reach the nearest port where they
can call, nor shall they replenish or increase their supplies of war material
or their armament or complete their crews, within the waters under the control
of the Commission. Only such repairs as are absolutely necessary to render them
seaworthy shall be carried out, and they shall not add in any manner whatever
to their fighting force. The Commission shall decide what repairs are
necessary, and these must be carried out with the least possible delay.
(2) The passage of belligerent warships
through the waters under the control of the Commission shall be effected with
the least possible delay, and without any other interruption than that
resulting from the necessities of the service.
(3) The stay of such warships at ports within
the jurisdiction of the Commission shall not exceed twenty-four hours except in
case of distress. In such case they shall be bound to leave as soon as
possible. An interval of at least twenty-four hours shall always elapse between
the sailing of a belligerent ship from the waters under the control of the
Commission and the departure of a ship belonging to an opposing belligerent.
(4) Any further regulations affecting in time
of war the waters under the control of the Commission, and relating in
particular to the passage of war material and contraband destined for the
enemies of Turkey, or revictualling, taking in stores or carrying out repairs
in the said waters, will be laid down by the League of Nations.
ARTICLE 58.
Prizes shall in all respects be subjected to
the same conditions as belligerent vessels of war.
ARTICLE 59.
No belligerent shall embark or disembark
troops, munitions of war or warlike materials in the waters under the control
of the Commission, except in case of accidental hindrance of the passage, and
in such cases the passage shall be resumed with all possible despatch.
ARTICLE 60.
Nothing in Articles 57, 58 or 59 shall be
deemed to limit the powers of a belligerent or belligerents acting in pursuance
of a decision by the Council of the League of Nations.
ARTICLE 61.
Any differences which may arise between the
Powers as to the interpretation or execution of the provisions of this Section,
and as regards Constantinople and Haidar Pasha of the provisions of Articles
335 to 344, Part Xl (Ports, Waterways, and Railways) shall be referred to the
Commission. In the event of the decision of the Commission not being accepted
by any Power, the question shall, on the demand of any Power concerned, be
settled as provided by the League of Nations, pending whose decision the ruling
of the Commission will be carried out.
ANNEX
1.
The Chairmanship of the Commission of the
Straits shall be rotatory for the period of two years among the members of the
Commission entitled to two votes.
The Commission shall take decisions by a
majority vote and the Chairman shall have a casting vote. Abstention shall be
regarded as a vote against the proposal under discussion.
Each of the Commissioners will have the right
to designate a deputy Commissioner to replace him in his absence.
2
The salary of each member of the Commission
will be paid by the Government which appointed him; these salaries will be
fixed at reasonable amounts agreed upon from time to time between the
Governments represented on the Commission.
3
The salaries of the police officers referred
to in Article 48, of such other officials and officers as may be appointed
under Article 51, and the pay of the local police referred to in Article 48,
shall be paid out of the receipts from the dues and charges levied on shipping.
The Commission shall frame regulations as to
the terms and condltions of employment of all officers and officials appointed
4
The Commission shall have at its disposal such
vessels as may be necessary to enable it to carry out its functions as laid
down in this Section and Annex.
5
In order to carry out all the duties with
which it is charged by the provisions of this Section and Annex and within the
limits therein laid down the Commission will have the power to prepare, issue
and enforce the necessary regulations; this power will include the right of
amending so far as may be necessary or repealing the existing regulations.
6.
The Commission shall frame regulations as to
the manner in which the accounts of all revenues and expenditure of the funds
under its control shall be kept, the auditing of such accounts and the
publication every year of a full and accurate report thereof.
SECTION III.
KURDISTAN.
ARTICLE 62.
A Commission sitting at Constantinople and
composed of three members appointed by the British, French and Italian
Governments respectively shall draft within six months from the coming into
force of the present Treaty a scheme of local autonomy for the predominantly
Kurdish areas lying east of the Euphrates, south of the southern boundary of
Armenia as it may be hereafter determined, and north of the frontier of Turkey
with Syria and Mesopotamia, as defined in Article 27, II (2) and (3). If
unanimity cannot be secured on any question, it will be referred by the members
of the Commission to their respective Governments. The scheme shall contain
full safeguards for the protection of the Assyro-Chaldeans and other racial or
religious minorities within these areas, and with this object a Commission
composed of British, French, Italian, Persian and Kurdish representatives shall
visit the spot to examine and decide what rectifications, if any, should be
made in the Turkish frontier where, under the provisions of the present Treaty,
that frontier coincides with that of Persia.
ARTICLE 63.
The Turkish Government hereby agrees to accept
and execute the decisions of both the Commissions mentioned in Article 62
within three months from their communication to the said Government.
ARTICLE 64.
If within one year from the coming into force
of the present Treaty the Kurdish peoples within the areas defined in Article
62 shall address themselves to the Council of the League of Nations in such a
manner as to show that a majority of the population of these areas desires
independence from Turkey, and if the Council then considers that these peoples
are capable of such independence and recommends that it should be granted to
them, Turkey hereby agrees to execute such a recommendation, and to renounce
all rights and title over these areas.
The detailed provisions for such renunciation
will form the subject of a separate agreement between the Principal Allied
Powers and Turkey.
If and when such renunciation takes place, no
objection will be raised by the Principal Allied Powers to the voluntary
adhesion to such an independent Kurdish State of the Kurds inhabiting that part
of Kurdistan which has hitherto been included in the Mosul vilayet.
SECTION IV.
SMYRNA.
ARTICLE 65.
The provisions of this Section will apply to
the city of Smyrna and the adjacent territory defined in Article 66, until the
determination of their final status in accordance with Article 83.
ARTICLE 66.
The geographical limits of the territory
adjacent to the city of Smyrna will be laid down as follows:
From the mouth of the river which flows into
the Aegean Sea about 5 kilometres north of Skalanova, eastwards,
the course of this river upstream;
then south-eastwards, the course of the southern branch of this river;
then south-eastwards, to the western point of the crest of the Gumush Dagh;
A line to be fixed on the ground passing west of Chinar K, and east of Akche
Ova;
thence north-eastwards, this crest line;
thence northwards to a point to be chosen on the railway from Ayasoluk to
Deirmendik about 1 kilometre west of Balachik station,
a line to be fixed on the ground leaving the road and railway from Sokia to
Balachik station entirely in Turkish territory;
thence northwards to a point to be chosen on the southern boundary of the
Sandjak of Smyrna,
a line to be fixed on the ground;
thence to a point to be chosen in the neighbourhood of Bos Dagh situated about
15 kilometres north-east of Odemish,
the southern and eastern boundary of the Sandjak of Smyrna;
thence northwards to a point to be chosen on the railway from Manisa to
Alashehr about 6 kilometres west of Salihli,
a line to be fixed on the ground;
thence northwards to Geurenez Dagh,
a line to be fixed on the ground passing east of Mermer Geul west of Kemer,
crossing the Kum Chai approximately south of Akshalan, and then following the
watershed west of Kavakalan;
thence north-westwards to a point to be chosen on the boundary between the
Cazas of Kirkagach and Ak Hissar about 18 kilometres east of Kirkagach and 20
kilometres north of Ak Hissar,
a line to be fixed on the ground;
thence westwards to its junction with the boundary of the Caza of Soma,
the southern boundary of the Caza of Kirkagach,
thence westwards to its junction with the boundary of the Sandjak of Smyrna,
the southern boundary of the Caza of Soma;
thence northwards to its junction with the boundary of the vilayet of Smyrna,
the north-eastern boundary of the Sandjak of Smyrna;
thence westwards to a point to be chosen in the neighbourhood of Charpajik
(Tepe).
the northern boundary of the vilayet of Smyrna;
thence northwards to a point to be chosen on the ground about 4 kilometres
southwest of Keuiluje,
a line to be fixed on the ground;
thence westwards to a point to be selected on the ground between Cape Dahlina
and Kemer Iskele,
a line to be fixed on the ground passing south of Kemer and Kemer Iskele
together with the road joining these places.
ARTICLE 67.
A Commission shall be constituted within
fifteen days from the coming into force of the present Treaty to trace on the
spot the boundaries of the territories described in Article 66. This Commission
shall be composed of three members nominated by the British, French and Italian
Governments respectively, one member nominated by the Greek Government, and one
nominated by the Turkish Government.
ARTICLE 68.
Subject to the provisions of this Section, the
city of Smyrna and the territory defined in Article 66 will be assimilated, in
the application of the present Treaty, to territory detached from Turkey.
ARTICLE 69
The city of Smyrna and the territory defined
in Article 66 remain under Turkish sovereignty. Turkey, however, transfers to
the Greek Government the exercise of her rights of sovereignty over the city of
Smyrna and the said territory. In witness of such sovereignty the Turkish flag
shall remain permanently hoisted over an outer fort in the town of Smyrna. The
fort will be designated by the Principal Allied Powers.
ARTICLE 70.
The Greek Government will be responsible for
the administration of the city of Smyrna and the territory defined in Article
66, and will effect this administration by means of a body of officials which
it will appoint specially for the purpose.
ARTICLE 71.
The Greek Government shall be entitled to
maintain in the city of Smyrna and the territory defined in Article 66 the
military forces required for the maintenance of order and public security.
ARTICLE 72.
A local parliament shall be set up with an
electoral system calculated to ensure proportional representation of all
sections of the population, including racial, linguistic and religious
minorities. Within six months from the coming into force of the present Treaty
the Greek Government shall submit to the Council of the League of Nations a
scheme for an electoral system complying with the above requirements; this
scheme shall not come into force until approved by a majority of the Council.
The Greek Government shall be entitled to
postpone the elections for so long as may be required for the return of the
inhabitants who have been banished or deported by the Turkish authorities, but
such postponement shall not exceed a period of one year from the coming into
force of the present Treaty.
ARTICLE 73.
The relations between the Greek administration
and the local parliament shall be determined by the said administration in
accordance with the principles of the Greek Constitution.
ARTICLE 74.
Compulsory military service shall not be
enforced in the city of Smyrna and the territory defined in Article 66 pending
the final determination of their status in accordance with Article 83.
ARTICLE 75.
The provisions of the separate Treaty referred
to in Article 86 relating to the protection of racial, linguistic and religious
minorities, and to freedom of commerce and transit, shall be applicable to the
city of Smyrna and the territory defined in Article 66.
ARTICLE 76.
The Greek Government may establish a Customs
boundary along the frontier line defined in Article 66, and may incorporate the
city of Smyrna and the territory defined in the said Article in the Greek
customs system.
ARTICLE 77.
The Greek Government engages to take no
measures which would have the effect of depreciating the existing Turkish
currency, which shall retain its character as legal tender pending the
determination, in accordance with the provisions of Article 83, of the final
status of the territory.
ARTICLE 78.
The provisions of Part XI (Ports, Waterways
and Railways) relating to the regime of ports of international interest, free
ports and transit shall be applicable to the city of Smyrna and the territory
defined in Article 66.
ARTICLE 79.
As regards nationality, such inhabitants of
the city of Smyrna and the territory defined in Article 66 as are of Turkish
nationality and cannot claim any other nationality under the terms of the
present Treaty shall be treated on exactly the same footing as Greek nationals.
Greece shall provide for their diplomatic and consular protection abroad.
ARTICLE 80.
The provisions of Article 24I, Part VIII
(Financial Clauses) will apply in the case of the city of Smyrna and the
territory defined in Article 66.
The provisions of Article 293, Part IX
(Economic Clauses) will not be applicable in the case of the said city and
territory.
ARTICLE 8I.
Until the determination, in accordance with
the provisions of Article 83, of the final status of Smyrna and the territory
defined in Article 66, the rights to exploit the salt marshes of Phocea
belonging to the Administration of the Ottoman Public Debt, including all plant
and machinery and materials for transport by land or sea, shall not be altered
or interfered with. No tax or charge shall be imposed during this period on the
manufacture, exportation or transport of salt produced from these marshes. The
Greek administration will have the right to regulate and tax the consumption of
salt at Symrna and within the territory defined in Article 66.
If after the expiration of the period referred
to in the preceding paragraph Greece considers it opportuhe to effect changes
in the provisions above set forth, the salt marshes of Phocea will be treated
as a concession and the guarantees provided by Article 312, Part IX (Economic
Clauses) will apply, subject, however, to the provisions of Article 246, Part
VIII (Financial Clauses) of the present Treaty.
ARTICLE 82.
Subsequent agreements will decide all
questions which are not decided by the present Treaty and which may arise from
the execution of the provisions of this Section.
ARTICLE 83.
When a period of five years shall have elapsed
after the coming into force of the present Treaty the local parliament referred
to in Article 72 may, by a majority of votes, ask the Council of the League of
Nations for the definitive incorporation in the King dom of Greece of the city
of Smyrna and the territory defined in Article 66. The Council may require, as
a preliminary, a plebiscite under conditions which it will lay down.
In the event of such incorporation as a result
of the application of the foregoing paragraph, the Turkish sovereignty referred
to in Article 69 shall cease. Turkey hereby renounces in that event in favour
of Greece all rights and title over the city of Smyrna and the territory
defined in Article 66.
SECTION V.
GREECE.
ARTICLE 84.
Without prejudice to the frontiers of Bulgaria
laid down by the Treaty of Peace signed at Neuilly-sur-Seine on November 27,
1919, Turkey renounces in favour of Greece all rights and title over the
territories of the former Turkish Empire in Europe situated outside the
frontiers of Turkey as laid down by the present Treaty.
The islands of the Sea of Marmora are not
included in the transfer of sovereignty effected by the above paragraph.
Turkey further renounces in favour of Greece
all her rights and title over the islands of Imbros and Tenedos. The decision
taken by the Conference of Ambassadors at London in execution of Articles 5 of
the Treaty of London of May 17-30, 1913, and 15 of the Treaty of Athens of
November 1-14, 1913, and notified to the Greek Govermnent on February 13, 1914,
relating to the sovereignty of Greece over the other islands of the Eastern
Mediterranean, particularly Lemnos, Samothrace, Mytilene, Chios, Samos and
Nikaria, is confirmed, without prejudice to the provisions of the present
Treaty relating to the islands placed under the sovereignty of Italy and
referred to in Article 122, and to the islands lying less than three miles fron
the coast of Asia.
Nevertheless, in the portion of the zone of
the Straits and the islands, referred to in Article 178, which under the
present Treaty are placed under Greek sovereignty, Greece accepts and
undertakes to observe, failing any contrary stipulation in the present Treaty,
all the obligations which, in order to assure the freedom of the Straits, are
imposed by the present Treaty on Turkey in that portion of the said zone,
including the islands of the Sea of Marmora, which remains under Turkish
sovereignty.
ARTICLE 85.
A Commission shall be constituted within
fifteen days from the coming into force of the present Treaty to trace on the
spot the frontier line described in Article 27, 1 (2). This Commission shall be
composed of four members nominated by the Principal Allied Powers, one member
nominated by Greece, and one member nominated by Turkey.
ARTICLE 86.
Greece accepts and agrees to embody in a
separate Treaty such provisions as may be deemed necessary, particularly as
regards Adrianople, to protect the interests of inhabitants of that State who
differ from the majority of the population in race, language or religion.
Greece further accepts and agrees to embody in
a separate Treaty such provisions as may be deemed necessary to protect freedom
of transit and equitable treatment for the commerce of other nations.
ARTICLE 87.
The proportion and nature of the financial
obligations of Turkey which Greece will have to assume on account of the
territory placed under her sovereignty will be determined in accordance with
Articles 241 to 244, Part VIII (Financial Clauses) of the present Treaty.
Subsequent agreements will decide all
questions which are not decided by the present Treaty and which may arise in
consequence of the transfer of the said territories.
SECTION VI.
ARMENIA.
ARTICLE 88.
Turkey, in accordance with the action already
taken by the Allied Powers, hereby recognises Armenia as a free and independent
State.
ARTICLE 89.
Turkey and Armenia as well as the other High
Contracting Parties agree to submit to the arbitration of the President of the
United States of America the question of the frontier to be fixed between
Turkey and Armenia in the vilayets of Erzerum, Trebizond, Van and Bitlis, and
to accept his decision thereupon, as well as any stipulations he may prescribe
as to access for Armenia to the sea, and as to the demilitarisation of any
portion of Turkish territory adjacent to the said frontier.
ARTICLE 90.
In the event of the determination of the
frontier under Article 89 involving the transfer of the whole or any part of
the territory of the said Vilayets to Armenia, Turkey hereby renounces as from
the date of such decision all rights and title over the territory so
transferred. The provisions of the present Treaty applicable to territory
detached from Turkey shall thereupon become applicable to the said territory.
The proportion and nature of the financial
obligations of Turkey which Armenia will have to assume, or of the rights which
will pass to her, on account of the transfer of the said territory will be
determined in accordance with Articles 241 to 244, Part VIII (Financial
Clauses) of the present Treaty.
Subsequent agreements will, if necessary,
decide all questions which are not decided by the present Treaty and which may
arise in consequence of the transfer of the said territory.
ARTICLE 91.
In the event of any portion of the territory
referred to in Article 89 being transferred to Armenia, a Boundary Commission,
whose composition will be determined subsequently, will be constituted within
three months from the delivery of the decision referred to in the said Article
to trace on the spot the frontier between Armenia and Turkey as established by
such decision.
ARTICLE 92.
The frontiers between Armenia and Azerbaijan
and Georgia respectively will be determined by direct agreement between the
States concerned.
If in either case the States concerned have
failed to determine the frontier by agreement at the date of the decision
referred to in Article 89, the frontier line in question will be determined by
the Pricipal Allied Powers, who will also provide for its being traced on the
spot.
ARTICLE 93.
Armenia accepts and agrees to embody in a
Treaty with the Principal Allied Powers such provisions as may be deemed
necessary by these Powers to protect the interests of inhabitants of that State
who differ from the majority of the population in race, language, or religion.
Armenia further accepts and agrees to embody
in a Treaty with the Principal Allied Powers such provisions as these Powers
may deem necessary to protect freedom of transit and equitable treatment for
the commerce of other nations.
SECTION VII.
SYRIA, MESOPOTAMIA, PALESTINE.
ARTICLE 94.
The High Contracting Parties agree that Syria
and Mesopotamia shall, in accordance with the fourth paragraph of Article 22.
Part I (Covenant of the League of Nations), be
provisionally recognised as independent States subject to the rendering of
administrative advice and assistance by a Mandatory until such time as they are
able to stand alone.
A Commission shall be constituted within
fifteen days from the coming into force of the present Treaty to trace on the
spot the frontier line described in Article 27, II (2) and (3). This Commission
will be composed of three members nominated by France, Great Britain and Italy
respectively, and one member nominated by Turkey; it will be assisted by a
representative of Syria for the Syrian frontier, and by a representative of
Mesopotamia for the Mesopotamian frontier.
The determination of the other frontiers of
the said States, and the selection of the Mandatories, will be made by the
Principal Allied Powers.
ARTICLE 95.
The High Contracting Parties agree to entrust,
by application of the provisions of Article 22, the administration of
Palestine, within such boundaries as may be determined by the Principal Allied
Powers, to a Mandatory to be selected by the said Powers. The Mandatory will be
responsible for putting into effect the declaration originally made on November
2, 1917, by the British Government, and adopted by the other Allied Powers, in
favour of the establishment in Palestine of a national home for the Jewish
people, it being clearly understood that nothing shall be done which may
prejudice the civil and religious rights of existing non-Jewish communities in
Palestine, or the rights and political status enjoyed by Jews in any other
country.
The Mandatory undertakes to appoint as soon as
possible a special Commission to study and regulate all questions and claims
relating to the different religious communities. In the composition of this
Commission the religious interests concerned will be taken into account. The
Chairman of the Commission will be appointed by the Council of the League of
Nations.
ARTICLE 96.
The terms of the mandates in respect of the
above territories will be formulated by the Principal Allied Powers and
submitted to the Council of the League of Nations for approval.
ARTICLE 97.
Turkey hereby undertakes, in accordance with
the provisions of Article 132, to accept any decisions which may be taken in
relation to the questions dealt with in this Section.
SECTION VIII.
HEDJAZ.
ARTICLE 98.
Turkey, in accordance with the action already
taken by the Allied Powers, hereby recognises the Hedjaz as a free and
indepedent State, and renounces in favour of the Hedjaz all rights and titles
over the territories of the former Turkish Empire situated outside the
frontiers of Turkey as laid down by the present Treaty, and comprised within
the boundaries which may ultimately be fixed.
ARTICLE 99.
In view of the sacred character attributed by
Moslems of all countries to the cities and the Holy Places of Mecca and Medina
His Majesty the King of the Hedjaz undertakes to assure free and easy access
thereto to Moslems of every country who desire to go there on pilgrimage or for
any other religious object, and to respect and ensure respect for the pious
foundations which are or may be established there by Moslems of any countries
in accordance with the precepts of the law of the Koran.
ARTICLE 100.
His Majesty the King of the Hedjaz undertakes
that in commercial matters the most complete equality of treatment shall be
assured in the territory of the Hedjaz to the persons, ships and goods of
nationals of any of the Allied Powers, or of any of the new States set up in
the territories of the former Turkish Empire, as well as to the persons, ships
and goods of nationals of States, Members of the League of Nations.
SECTION IX.
EGYPT, SOUDAN, CYPRUS.
I. EGYPT.
ARTICLE 101.
Turkey renounces all rights and title in or
over Egypt. This renunciation shall take effect as from November 5, 1914.
Turkey declares that in conformity with the action taken by the Allied Powers
she recognises the Protectorate proclaimed over Egypt by Great Britain on
December 18, 1914.
ARTICLE 102.
Turkish subjects habitually resident in Egypt
on December 18, 1914, will acquire Egyptian nationality ipso facto and will
lose their Turkish nationality, except that if at that date such persons were
temporarily absent from, and have not since returned to, Egypt they will not
acquire Egyptian nationality without a special authorisation from the Egyptian
Government.
ARTICLE 103.
Turkish subjects who became resident in Egypt
after December 18, 1914, and are habitually resident there at the date of the
coming into force of the present Treaty may, subject to the conditions
prescribed in Article 105 for the right of option, claim Egyptian nationality,
but such claim may in individual cases be refused by the competent Egyptian
authority.
ARTICLE 104.
For all purposes connected with the present
Treaty, Egypt and Egyptian nationals, their goods and vessels, shall be treated
on the same footing, as from August I, 1914, as the Allied Powers, their
nationals, goods and vessels, and provisions in respect of territory under
Turkish sovereignty, or of territory detached from Turkey in accordance with
the present Treaty, shall not apply to Egypt.
ARTICLE I05.
Within a period of one year after the coming
into force of the present Treaty persons over eighteen years of age acquiring
Egyptian nationality under the provisions of Article 102 will be entitled to
opt for Turkish nationality. In case such persons, or those who under Article
103 are entitled to claim Egyptian nationality, differ in race from the
majority of the population of Egypt, they will within the same period be
entitled to opt for the nationality of any State in favour of which territory
is detached from Turkey, if the majority of the population of that State is of
the same race as the person exercising the right to opt.
Option by a husband covers a wife and option
by parents covers their children under eighteen years of age.
Persons who have exercised the above right to
opt must, except where authorised to continue to reside in Egypt, transfer
within the ensuing twelve months their place of residence to the State for
which they have opted. They will be entitled to retain their immovable property
in Egypt, and may carry with them their movable property of every description.
No export or import duties or charges may be imposed upon them in connection
with the removal of such property.
ARTICLE 106.
The Egyptian Government shall have complete
liberty of action in regulating the status of Turkish subjects in Egypt and the
conditions under which they may establish themselves in the territory.
ARTICLE 107.
Egyptian nationals shall be entitled, when
abroad, to British diplonlatic and consular protection.
ARTICLE 108.
Egyptian goods entering Turkey shall enjoy the
treatment accorded to British goods.
ARTICLE 109.
Turkey renounces in favour of Great Britain
the powers conferred upon His Imperial Majesty the Sultan by the Convention
signed at Constantinople on October 29, 1888, relating to the free navigation
of the Suez Canal.
ARTICLE 110.
All property and possessions in Egypt
belonging to the Turkish Government pass to the Egyptian Government without
payment.
ARTICLE 111 .
All movable and immovable property in Egypt
belonging to Turkish nationals (who do not acquire Egyptian nationality) shall
be dealt with in aecordance with the provisions of Part IX (Economie Clauses)
of the present Treaty.
ARTICLE 112.
Turkey renounces all claim to the tribute
formerly paid by Egypt.
Great Britain undertakes to relieve Turkey of
all liability in respect of the Turkish loans secured on the Egyptian tribute.
These loans are:
The guaranteed loan of 1855;
The loan of 1894 representing the converted loans of 1854 and 1871;
The loan of 1891 representing the converted loan of 1877.
The sums which the Khedives of Egypt have from
time to time undertaken to pay over to the houses by which these loans were
issued will be applied as heretofore to the interest and the sinking funds of
the loans of 1894 and 1891 until the final extinction of those loans. The
Government of Egypt will also continue to apply the sum hitherto paid towards
the interest on the guaranteed loan of 1855.
Upon the extinction of these loans of 1894,
1891 and 1855, all liability on the part of the Egyptian Government arising out
of the tribute formerly paid by Egypt to Turkey will cease.
2. SOUDAN.
ARTICLE 113.
The High Contracting Parties declare and place
on record that they have taken note of the Convention between the British
Government and the Egyptian Government defining the status and regulating the
administration of the Soudan, signed on January I9, I899, as amended by the
supplementary Convention relating to the town of Suakin signed on July 10,
1899.
ARTICLE 114.
Soudanese shall be entitled when in foreign
countries to British diplomatic and consular protection.
3. CYPRUS
ARTICLE 115.
The High Contracting Parties recognise the
annexation of Cyprus proclaimed by the British Government on November 5, 1914.
ARTICLE 116.
Turkey renounces all rights and title over or
relating to Cyprus, including the right to the tribute formerly paid by that
island to the Sultan.
ARTICLE 117.
Turkish nationals born or habitually resident
in Cyprus will acquire British nationality and lose their Turkish nationality,
subject to the conditions laid down in the local law.
SECTION X.
MOROCCO, TUNIS.
ARTICLE 118.
Turkey recognises the French Protectorate in
Morocco, and accepts all the consequences thereof. This recognition shall take
effect as from March 30, 1912.
ARTICLE 119.
Moroccan goods entering Turkey shall be
subject to the same treatment as French goods.
ARTICLE 120.
Turkey recognises the French Protectorate over
Tunis and accepts all the consequences thereof. This recognition shall take
effect as from May 12, 1881.
Tunisian goods entering Turkey shall be
subject to the same treatment as French goods.
SECTION XI.
LIBYA, AEGEAN ISLANDS.
ARTICLE 121.
Turkey definitely renounces all rights and
privileges which under the Treaty of Lausanne of October 18, 1912, were left to
the Sultan in Libya.
ARTICLE 122.
Turkey renounces in favour of Italy all rights
and title over the following islands of the Aegean Sea; Stampalia (Astropalia),
Rhodes (Rhodos), Calki (Kharki), Scarpanto, Casos (Casso) Pscopis (Tilos),
Misiros (Nisyros), Calymnos (Kalymnos) Leros, Patmos, Lipsos (Lipso), Sini
(Symi), and Cos (Kos), which are now occupied by Italy, and the islets
dependent thereon, and also over the island of Castellorizzo.
SECTION Xll.
NATIONALITY.
ARTICLE 123.
Turkish subjects habitually resident in
territory which in accordance with the provisions of the present Treaty is
detached from Turkey will become ipso facto, in the conditions laid down by the
local law, nationals of the State to which such territory is transferred.
ARTICLE 124.
Persons over eighteen years of age losing
their Turkish nationality and obtaining ipso facto a new nationality under
Article 123 shall be entitled within a period of one year from the coming into
force of the present Treaty to opt for Turkish nationality.
ARTICLE 125.
Persons over eighteen years of age habitually
resident in territory detached from Turkey in accordance with the present
Treaty and differing in race from the majority of the population of such
territory shall within one year from the coming into force of the present
Treaty be entitled to opt for Armenia, Azerbaijan, Georgia, Greece, the Hedjaz,
Mesopotamia, Syria, Bulgaria or Turkey, if the majority of the population of
the State selected is of the same race as the person exercising the right to
opt.
ARTICLE 126.
Persons who have exercised the right to opt in
accordance with the provisions of Articles 124 or 125 must within the
succeeding twelve months transfer their place of residence to the State for
which they have opted.
They will be entitled to retain their
immovable property in the territory of the other State where they had their
place of residence before exercising their right to opt.
They may carry with them their movable
property of every description. No export or import duties may be imposed upon
them in connection with the removal of such property.
ARTICLE 127.
The High Contracting Parties undertake to put
no hindrance in the way of the exercise of the right which the persons
concerned have under the present Treaty, or under the Treaties of Peace
concluded with Germany, Austria, Bulgaria or Hungary or under any treaty
concluded by the Allied Powers, or any of them, with Russia, or between any of
the Allied Powers themselves, to choose any other nationality which may be open
to them.
In particular, Turkey undertakes to facilitate
by every means in her power the voluntary emigration of persons desiring to
avail themselves of the right to opt provided by Article 125, and to carry out
any measures which may be prescribed with this object by the Council of the
League of Nations.
ARTICLE 128.
Turkey undertakes to recognise any new
nationality which has been or may be acquired by her nationals under the laws
of the Allied Powers or new States and in accordance with the decisions of the
competent authorities of these Powers pursuant to naturalisation laws or under
Treaty stipulations, and to regard such persons as having, in consequence of
the acquisition of such new nationality, in all respects severed their
allegiance to their country of origin.
In particular, persons who before the coming
into force of the present Treaty have acquired the nationality of one of the
Allied Powers in accordance with the law of such Power shall be recognised by
the Turkish Government as nationals of such Power and as having lost their
Turkish nationality, notwithstanding any provisions of Turkish law to the
contrary. No confiscation of property or other penalty provided by Turkish law
shall be incurred on account of the acquisition of any such nationality.
ARTICLE 129.
Jews of other than Turkish nationality who are
habitually resident, on the coming into force of the present Treaty, within the
boundaries of Palestine, as determined in accordance with Article 95 will ipso
facto become citizens of Palestine to the exclusion of any other nationality.
ARTICLE 130.
For the purposes of the provisions of this
Section, the status of a married woman will be governed by that of her husband
and the status of children under eighteen years of age by that of their
parents.
ARTICLE 131.
The provisions of this Section will apply to
the city of Smyrna and the territory defined in Article 66 as from the
establishment of the final status of the territory in accordance with Article
83.
SECTION XIII.
GENERAL PROVISIONS.
ARTICLE 132.
Outside her frontiers as fixed by the present
Treaty Turkey hereby renounces in favour of the Principal Allied Powers all
rights and title which she could claim on any ground over or concerning any
territories outside Europe which are not otherwise disposed of by the present
Treaty.
Turkey undertakes to recognise and conform to
the measures which may be taken now or in the future by the Principal Allied
Powers, in agreement where necessary with third Powers, in order to carry the
above stipulation into effect.
ARTICLE 133.
Turkey undertakes to recognise the full force
of the Treaties of Peace and Additional Conventions concluded by the Allied
Powers with the Powers who fought on the side of Turkey, and to recognise
whatever dispositions have been or may be made concerning the territories of
the former German Empire, of Austria, of Hungary and of Bulgaria, and to
recognise the new States within their frontiers as there laid down.
ARTICLE 134.
Turkey hereby recognises and accepts the
frontiers of Germany, Austria, Bulgaria, Greece, Hungary, Poland, Roumania, the
Serb-Croat-Slovene State and the Czecho-Slovak State as these frontiers may be
determined by the Treaties referred to in Article 133 or by any supplementary
conventions.
ARTICLE 135.
Turkey undertakes to recognise the full force
of all treaties or agreements which may be entered into by the Allied Powers
with States now existing or coming into existence in future in the whole or
part of the former Empire of Russia as it existed on August 1, 1914, and to
recognise the frontiers of any such States as determined therein.
Turkey acknowledges and agrees to respect as
permanent and inalienable the independence of the said States.
In accordance with the provisions of Article
259, Part VIII (Financial Clauses), and Article 277, Part IX (Economic
Clauses), of the present Treaty, Turkey accepts definitely the abrogation of
the Brest-Litovsk Treaties and of all treaties conventions and agreements
entered into by her with the Maximalist Government in Russia.
ARTICLE 136.
A Commission composed of four members,
appointed by the British Empire, France, Italy and Japan respectively, shall be
set up within three months from the coming into force of the present Treaty, to
prepare, with the assistance of technical experts representing the other
capitulatory Powers, Allied or neutral, who with this object will each be
invited to appoint an expert, a scheme of judicial reform to replace the
present capitulatory system in judicial matters in Turkey. This Commission may
recommend, after consultation with the Turkish Government, the adoption of
either a mixed or an unified judicial system.
The scheme prepared by the Commission will be
submitted to the Governments of the Allied and neutral Powers concerned. As
soon as the Principal Allied Powers have approved the scheme they will inform
the Turkish Government, which hereby agrees to accept the new system.
The Principal Allied Powers reserve the right
to agree among themselves, and if necessary with the other Allied or neutral
Powers concerned, as to the date on which the new system is to come into force.
ARTICLE 137.
Without prejudice to the provisions of Part
VII (Penalties), no inhabitant of Turkey shall be disturbed or molested, under
any pretext whatever, on account of any political or military action taken by
him, or any assistance of any kind given by him to the Allied Powers, or their
nationals, between August 1, 1914, and the coming into force of the present
Treaty; all sentences pronounced against any inhabitant of Turkey for the above
reasons shall be completely annulled, and any proceedings already instituted
shall be arrested.
ARTICLE 138.
No inhabitant of territory detached from
Turkey in accordance with the present Treaty shall be disturbed or molested on
account of his political attitude after August 1, 1914, or of the determination
of his nationality effected in accordance with the present Treaty.
ARTICLE 139.
Turkey renounces formally all rights of
suzerainty or jurisdiction of any kind over Moslems who are subject to the
sovereignty or protectorate of any other State.
No power shall be exercised directly or
indirectly by any Turkish authority whatever in any territory detached from
Turkey or of which the existing status under the present Treaty is recognised
by Turkey.
PART IV.
PROTECTION OF MINORITIES.
ARTICLE 140.
Turkey undertakes that the stipulations
contained in Articles 141, I45 and I47 shall be recognised as fundamental laws,
and that no civil or military law or regulation, no Imperial Iradeh nor
official action shall conflict or interfere with these stipulations, nor shall
any law, regulation, Imperial Iradeh nor official action prevail over them.
ARTICLE 141.
Turkey undertakes to assure full and complete
protection of life and liberty to all inhabitants of Turkey without distinction
of birth, nationality, language, race or religion. All inhabitants of Turkey
shall be entitled to the free exercise, whether public or private, of any
creed, religion or belief.
The penalties for any interference with the
free exercise of the right referred to in the preceding paragraph shall be the
same whatever may be the creed concerned.
ARTICLE 142.
Whereas, in view of the terrorist regime which
has existed in Turkey since November 1, 1914, conversions to Islam could not
take place under normal conditions, no conversions since that date are
recognised and all persons who were non-Moslems before November 1, 1914, will
be considered as still remaining such, unless, after regaining their liberty,
they voluntarily perform the necessary formalities for embracing the Islamic
faith.
In order to repair so far as possible the
wrongs inflicted on individuals in the course of the massacres perpetrated in
Turkey during the war, the Turkish Government undertakes to afford all the
assistance in its power or in that of the Turkish authorities in the search for
and deliverance of all persons, of whatever race or religion, who have
disappeared, been carried off, interned or placed in captivity since November
1, 1914.
The Turkish Government undertakes to
facilitate the operations of mixed commissions appointed by the Council of the
League of Nations to receive the complaints of the victims themselves, their
families or their relations, to make the necessary enquiries, and to order the
liberation of the persons in question.
The Turkish Government undertakes to ensure
the execution
of the decisions of these commissions, and to
assure the security and the liberty of the persons thus restored to the full
enjoyment of their rights.
ARTICLE 143
Turkey undertakes to recognise such provisions
as the Allied Powers may consider opportune with respect to the reciprocal and
voluntary emigration of persons belonging to racial minorities.
Turkey renounces any right to avail herself of
the provisions of Article I6 of the Convention between Greece and Bulgaria
relating to reciprocal emigration, signed at Neuilly-sur-Seine on November 27,
19l9. Within six months from the coming into force of the present Treaty,
Greece and Turkey will enter into a special arrangement relating to the
reciprocal and voluntary emigration of the populations of Turkish and Greek
race in the territories transferred to Greece and remaining Turkish
respectively.
In case agreement cannot be reached as to such
arrangement, Greece and Turkey will be entitled to apply to the Council of the
League of Nations, which will fix the terms of such arrangement.
ARTICLE 144.
The Turkish Government recognises the
injustice of the law of 1915 relating to Abandoned Properties
(Emval-i-Metroukeh), and of the supplementary provisions thereof, and
declares them to be null and void, in the past as in the future.
The Turkish Government solemnly undertakes to
facilitate to the greatest possible extent the return to their homes and
re-establishment in their businesses of the Turkish subjects of non-Turkish
race who have been forcibly driven from their homes by fear of massacre or any
other form of pressure since January 1, 1914. It recognises that any immovable
or movable property of the said Turkish subjects or of the communities to which
they belong, which can be recovered, must be restored to them as soon as
possible, in whatever hands it may be found. Such property shall be restored
free of all charges or servitudes with which it may have been burdened and
without compensation of any kind to the present owners or occupiers, subject to
any action which they may be able to bring against the persons from whom they
derived title.
The Turkish Government agrees that arbitral
commissions shall be appointed by the Council of the League of Nations wherever
found necessary. These commissions shall each be composed of one representative
of the Turkish Government, one representative of the community which claims
that it or one of its members has been injured, and a ehairman appointed by the
Council of the League of Nations. These arbitral commissions shall hear all
claims covered by this Article and decide them by summary procedure.
The arbitral commissions will have power to
order:
(1) The provision by the Turkish Government of
labour for any work of reconstruction or restoration deemed necessary. This
labour shall be recruited from the races inhabiting the territory where the
arbitral commission considers the execution of the said works to be necessary
(2) The removal of any person who, after
enquiry, shall be recognised as having taken an active part in massacres or
deportations or as having provoked them; the measures to be taken with regard
to such person's possessions will be indicated by the commission;
(3) The disposal of property belonging to
members of a community who have died or disappeared since January 1, 1914,
without leaving heirs; such property may be handed over to the community
instead of to the State
(4) The cancellation of all acts of sale or
any acts creating rights over immovable property concluded after January 1,
I914. The indemnification of the holders will be a charge upon the Turkish
Government, but must not serve as a pretext for delaying the restitution. The
arbitral commission will, however have the power to impose equitable
arrangements between the interested parties, if any sum has been paid by the
present holder of such property.
The Turkish Government undertakes to
facilitate in the fullest possible measure the work of the commissions and to
ensure the execution of their decisions, which will be final. No decision of
the Turkish judicial or administrative authorities shall prevail over such
decisions.
ARTICLE 145.
All Turkish nationals shall be equal before
the law and shall enjoy the same civil and political rights without distinction
as to race, language or religion.
Difference of religion, creed or confession
shall not prejudice any Turkish national in matters relating to the enjoyment
of civil or political rights, as for instance admission to public employments,
functions and honours, or the exercise of professions and industries.
Within a period of two years from the coming
into force of the present Treaty the Turkish Government will submit to the
Allied Powers a scheme for the organisation of an electoral system based on the
principle of proportional representation of racial minorities.
No restriction shall be imposed on the free
use by any Turkish national of any language in private intercourse, in
commerce, religion, in the press or in publications of any kind, or at public
meetings. Adequate facilities shall be given to Turkish nationals of
non-Turkish speech for the use of their language, either orally or in writing,
before the courts.
ARTICLE 146.
The Turkish Government undertakes to recognize
the validity of diplomas granted by recognised foreign universities and
schools, and to admit the holders thereof to the free exercise of the
professions and industries for which such diplomas qualify.
This provision will apply equally to nationals
of Allied powers who are resident in Turkey.
ARTICLE 147.
Turkish nationals who belong to racial,
religious or linguistic minorities shall enjoy the ame treatment and security
in law and in fact as other Turkish nationals. In particular they shall have an
equal right to establish, manage and control at their own expense, and
independently of and without interference by the Turkish authorities, any
charitable, religious and social institutions, schools for primary, secondary
and higher instruction and other educational establishments, with the right to
use their own language and to exercise their own religion freely therein.
ARTICLE 148.
In towns and districts where there is a
considerable proportion of Turkish nationals belonging to racial, linguistic or
religious minorities, these minorities shall be assured an equitable share in
the enjoyment and application of the sums which may be provided out of public
funds under the State, municipal or other budgets for educational or charitable
purposes.
The sums in question shall be paid to the
qualified representatives of the communities concerned.
ARTICLE 149.
The Turkish Government undertakes to recognise
and respect the ecclesiastical and scholastic autonomy of all racial minorities
in Turkey. For this purpose, and subject to any provisions to the contrary in
the present Treaty, the Turkish Government confirms and will uphold in their
entirety the prerogatives and immunities of an ecclesiastical, scholastic or
judicial nature granted by the Sultans to non-Moslem races in virtue of special
orders or imperial decrees (firmans, hattis, berats, etc.) as well as by
ministerial orders or orders of the Grand Vizier.
All laws, decrees, regulations and circulars
issued by the Turkish Government and containing abrogations, restrictions or
amendments of such prerogatives and immunities shall be considered to such
extent null and void.
Any modification of the Turkish judical system
which may be introduced in accordance with the provisions of the present Treaty
shall be held to override this Article, in so far as such modification may
affect individuals belonging to racial minorities.
ARTICLE 150.
In towns and districts where there is resident
a considerable proportion of Turkish nationals of the Christian or Jewish
religions the Turkish Government undertakes that such Turkish nationals shall
not be compelled to perform any act which constitutes a violation of their
faith or religious observances, and shall not be placed under any disability by
reason of their refusal to attend courts of law or to perform any legal
business on their weekly day of rest. This provision, however, shall not exempt
such Turkish nationals (Christians or Jews) from such obligations as shall be
imposed upon all other Turkish nationals for the preservation of public order.
ARTICLE 151.
The Principal Allied Powers, in consultation
with the Council of the League of Nations, will decide what measures are
necessary to guarantee the execution of the provisions of this Part. The
Turkish Government hereby accepts all decisions which may be taken on this
subject.
PART V.
MILITARY, NAVAL AND AIR CLAUSES.
In order to render possible the initiation of
a general limitation of the armaments of all nations, Turkey undertakes
strictly to observe the military, naval and air clauses which follow.
SECTION I.
MILITARY CLAUSES.
CHAPTER I.
GENERAL CLAUSES.
ARTICLE 152.
The armed force at the disposal of Turkey
shall only consist of:
(I) The Sultan's bodyguard;
(2) Troops of gendarmerie, intended to maintain order and security in the
interior and to ensure the protection of minorities
(3) Special elements intended for the reinforcement of the troops of
gendarmerie in case of serious trouble, and eventually to ensure the control of
the frontiers.
ARTICLE 153.
Within six months from the coming into force
of the present Treaty, the military forces other than that provided for in
Article 152 shall be demobilised and disbanded.
CHAPTER II.
EFFECTIVES, ORGANISATION AND CADRES OF THE
TURKISH ARMED FORCE.
ARTICLE 154.
The Sultan's bodyguard shall consist of a
staff and infantry and cavalry units, the strength of which shall not exceed
700 offirers and men. This strength is not included in the total force provided
for in Article 155.
The composition of this guard is given in
Table 1
annexed to this Section.
ARTICLE 155.
The total strength of the forces enumerated in
paragraphs (2) and (3) of Article 152 shall not exceed 50,000 men, including
staffs, offficers, training personnel and depot troops.
ARTICLE 156.
The troops of gendarmerie shall be distributed
over the territory of Turkey, which for this purpose will be divided into
territorial areas to be delimited as provided in Article 200.
A legion of gendarmerie, composed of mounted
and unmounted troops, provided with machine guns and with administrative and
medical services will be organised in each territorial region, it will supply
in the vilayets, sandjaks, cazas, etc., the detachments necessary for the
organisation of a fixed protective service, mobile reserves being at its
disposal at one or more points within the region.
On account of their special duties, the
legions shall not include either artillery or technical services.
The total strength of the legions shall not
exceed 35,000 men, to be included in the total strength of the armed force
provided for in Article 155.
The maximum strength of any one legion shall
not exceed one quarter of the total strength of the legions.
The elements of any one legion shall not be
employed outside the territory of their region, except by special authorisation
from the Inter-Allied Commission provided for in Article 200.
ARTICLE 157.
The special elements for reinforcements may
include details of infantry, cavalry, mountain artillery, pioneers and the
corresponding technical and general services; their total strength shall not
exceed 15,000 men, to be included in the total strength provided for in Article
155.
The number of such reinforcements for any one
legion shall not exceed one third of the whole strength of these elements
without the special authority of the Inter-Allied Commission provided for in
Article 200.
The proportion of the various arms and
services entering into the composition of these special elements is laid down
in Table II annexed to this Section.
Their quartering will be fixed as provided in
Article 200.
ToTable
2
ARTICLE 158.
In the formations referred to in Articles 156
and 157, the proportion of officers, including the personnel of staffs and
special services, shall not exceed one twentieth of the total effectives with
the colours, and that of non-commissioned officers shall not exceed one twelfth
of the total effectives with the colours.
ARTICLE 159.
Offficers supplied by the various Allied or
neutral Powers shail collaborate, under the direction of the Turkish
Government, in the command, the organisation and the training of the
gendarmerie officers authorised by Article 158, but their number shall not
exceed fifteen per cent. of that strength. Special agreements to be drawn up by
the Inter-Allied Commission mentioned in Article 200 shall fix the proportion
of these offficers according to nationality, and shall determine the conditions
of their participation in the various missions assigned to them by this
Article.
ARTICLE 160.
In any one territorial region all officers
placed at the disposal of the Turkish Government under the conditions laid down
in Article 159 shall in principle be of the same nationality.
ARTICLE 161.
In the zone of the Straits and islands
referred to in Article 178, excluding the islands of Lemnos, Imbros, Samothrace
Tenedos and Mitylene, the forces o Turkish, will be under the Inter-Allied
Command of the forces in occupation of that zone.
ARTICLE 162.
All measures of mobilisation, or appertaining
to mobilisation or tending to an increase of the strength or of the means of
transport of any of the forces provided for in this Chapter are forbidden.
The various formations, staffs and
administrative services shall not, in any case, include supplementary cadres.
ARTICLE 163.
Within the period fixed by Article 153, all
existing forces of gendarmerie shall be amalgamated with the legions provided
for in Article 156.
ARTICLE 164.
The formation of any body of troops not
provided for in this Section is forbidden.
The suppression of existing formations which
are in excess of the authorised strength of 50,000 men (not including the
Sultan's bodyguard) shall be effected progressively from the date of the
signature of the present Treaty, in such manner as to be completed within six
months at the latest after the coming into force of the Treaty, in accordance
with the provisions of Article 158.
The number of offficers, or persons in the
position of offficers, in the War Ministry and the Turkish General Staff, as
well as in the administrations attached to them, shail, within the same period,
be reduced to the establishment considered by the Commission referred to in
Article 200 as strictly necessary for the good working of the general services
of the armed Turkish force, this establishment being included in the maximum
figure laid down in Article 158.
CHAPTER III.
RECRUITING.
ARTICLE 165.
The Turkish armed force shall in future be
constituted and recruited by voluntary enlistment only.
Enlistment shall be open to all subjects of
the Turkish State equally, without distinction of race or religion.
As regards the legions referred to in Article
156, their system of recruiting shall be in principle regional, and so
regulated that the Moslem and non-Moslem elements of the population of each
region may be, so far as possible, represented on the strength of the
corresponding legion.
The provisions of the preceding paragraphs
apply to offficers as well as to men.
ARTICLE 166.
The length of engagement of non-commissioned
officers and men shall be twelve consecutive years.
The annual replacement of men released from
service for any reason whatever before the expiration of their term of
engagement shall not exceed five per cent. of the total effectives fixed hy
Article 155.
ARTICLE 167.
All officers must be regulars (officers de
carrière).
Officers at present serving in the army or the
gendarmerie who are retained in the new armed force must undertake to serve at
least up to the age of forty-five.
Offficers at present serving in the army or
the gendarmerie who are not admitted to the new armed force shall be definitely
released from all military obligations, and must not take part in any military
exercises, theoretical or practical.
Officers newly-appointed must undertake to
serve on the active list for at least twenty-five consecutive years.
The annual replacement of officers leaving the
service for any cause before the expiration of their term of engagement shall
not exceed five per cent. of the total effectives of officers provided by
Article 158.
CHAPTER IV.
SCHOOLS, EDUCATIONAL ESTABLISHMENTS, MILITARY
CLASS AND SOCIETIES
ARTICLE 168.
On the expiration of three months from the
coming into force of the present Treaty there must only exist in Turkey the
number of military schools which is absolutely indispensable for the
recruitment of offficers and non-commissioned officers of the units allowed,
i.e.:
school for officers;
1 school per territorial region for
non-commissioned officers.
The number of students admitted to instruction
in these schools shall be strictly in proportion to the vacancies to be filled
in the cadres of officers and non-commissioned officers.
ARTICLE 169.
Educational establishments, other than those
referred to in Article 168, as well as all sporting or other societies, must
not occupy themselves with any military matters.
CHAPTER V.
CUSTOMS OFFICIALS, LOCAL URBAN AND RURAL
POLICE, FOREST GUARDS.
ARTICLE 170.
Without prejudice to the provisions of Article
48, Part III (Political Clauses), the number of customs officials, local urban
or rural police, forest guards or other like officials shall not exceed the
number of men employed in a similar capacity in 1913 within the territorial
limits of Turkey as fixed by the present Treaty.
The number of these officials may only be
increased in the future in proportion to the increase of population in the
localities or municipalities which employ them.
These employees and officials, as well as
those employed in the railway service, must not be assembled for the purpose of
taking part in any military exercises.
In each administrative district the local
urban and rural police and forest guards shall be recruited and officered
according to the principles laid down in the case of the gendarmerie by Article
165.
In the Turkish police, which, as forming part
of the civil administration of Turkey, will remain distinct from the Turkish
armed force, officers or officials supplied by the various Allied or neutral
Powers shall collaborate, under the direction of the Turkish Government, in the
organisation the command and the training of the said police. The number of
these officers or officials shall not exceed fifteen per cent. of the strength
of similar Turkish officers or officials.
CHAPTER VI.
ARMAMENT, MUNITIONS AND MATERIAL
ARTICLE 171 .
On the expiration of six months from the
coming into force of the present Treaty, the armament which may be in use or
held in reserve for replacement in the various formations of the Turkish armed
force shall not exceed the figures fixed per thousand men in Table III annexed
to this Section.
ARTICLE 172
The stock of munitions at the disposal of
Turkey shall not exceed the amounts fixed in Table III annexed to this Section.
ARTICLE 173.
Within six months from the coming into force
of the present Treaty all existing arms, munitions of the various categories
and war material in excess of the quantities authorised shall be handed over to
the Military Inter-Allied Commission of Control provided for in Article 200 in
such places as shall be appointed by this Commission.
The Principal Allied Powers will decide what
is to be done with this material.
ARTICLE 174.
The manufacture of arms, munitions and war
material, including aircraft and parts of aircraft of every description, shall
take place only in the factories or establishments authorised by the
Inter-Allied Commission referred to in Article 200.
Within six months from the coming into force
of the present Treaty all other establishments for the manufacture,
preparation, storage or design of arms, munitions or any war material shall be
abolished or converted to purely commercial uses.
The same will apply to all arsenals other than
those utilised as depots for the authorised stocks of munitions.
The plant of establishments or arsenals in
excess of that required for the authorised manufacture shall be rendered
useless or converted to purely commercial uses, in accordance with the
decisions of the Military Inter-Allied Commission of Control referred to in
Article 200.
ARTICLE 175
The importation into Turkey of arms, munitions
and war materials, including aircraft and parts of aircraft of every
description, is strictly forbidden, except with the special authority of the
Inter-Allied Commission referred to in Article 200.
The manufacture for foreign countries and the
exportation of arms, munitions and war material of any description is also
forbidden.
ARTICLE 176.
The use of flame-throwers, asphyxiating,
poisonous or other gases and all similar liquids, materials or processes being
forbidden, their manufacture and importation are strictly forbidden in Turkey.
Material specially intended for the
manufacture, storage or use of the said products or processes is equally
forbidden.
The manufacture and importation into Turkey of
armoured cars, tanks or any other similar machines suitable for use in war are
equally forbidden.
CHAPTER VII.
FORTIFICATIONS
ARTICLE 177.
In the zone of the Straits and islands
referred to in Article 178 the fortifications will be disarmed and demolished
as provided in that Article.
Outside this zone, and subject to the
provisions of Article 89, the existing fortified works may be preserved in
their present condition, but will be disarmed within the same period of three
months.
CHAPTER VIII.
MAINTENANCE OF THE FREEDOM OF THE STRAITS
ARTICLE 178.
For the purpose of guaranteeing the freedom of
the Straits, the High Contracting Parties agree to the following provisions:
(I) Within three months from the coming into
force of the present Treaty, all works, fortifications and batteries within the
zone defined in Article 179 and comprising the coast and islands of the Sea of
Marmora and the coast of the Straits, also those in the Islands of Lemnos,
Imbros, Samothrace, Tenedos and Mitylene, shall be disarmed and demolished.
The reconstruction of these works and the
construction of similar works are forbidden in the above zone and islands.
France, Great Britain and Italy shall have the right to prepare for demolition
any existing roads and railways in the said zone and in the islands of Lemnos,
Imbros, Samothrace, and Tenedos which allow of the rapid transport of mobile
batteries, the construction there of such roads and railways remaining
forbidden.
In the islands of Lemnos, Imbros, Samothrace
and Tenedos the construction of new roads or railways must not be undertaken
except with the authority of the three Powers mentioned above.
(2) The measures prescribed in the first
paragraph of (I) shall be executed by and at the expense of Greece and Turkey
as regards their respective territories, and under control as provided in
Article 203.
(3) The territories of the zone and the
islands of Lemnos, Imbros, Samothrace, Tenedos, and Mitylene shall not be used
for military purposes, except by the three Allied Powers referred to above,
acting in concert. This provision does not exclude the employment in the said
zone and islands of forces of Greek and Turkish gendarmerie, who will be under
the Inter-Allied command of the forces of occupation, in accordance with the
provisions of Article 161, nor the maintenance of a garrison of Greek troops in
the island of Mitylene, nor the presence of the Sultan's bodyguard referred to
in Article 152.
(4) The said Powers, acting in concert, shall
have the right to maintain in the said territories and islands such military
and air forces as they may consider necessary to prevent any action being taken
or prepared which might directly or indirectly prejudice the freedom of the
Straits.
This supervision will be carried out in naval
matters by a guard-ship belonging to each of the said Allied Powers.
The forces of occupation referred to above
may, in case of necessity, exercise on land the right of requisition, subject
to the same conditions as those laid down in the Regulations annexed to the
Fourth Hague Convention, 1907, or any other Convention replacing it to which
all the said Powers are parties. Requisitions shall, however, only be made
against payment on the spot.
ARTICLE 179.
The zone referred to in Article 178 is defined
as follows:
(I) In Europe:
From Karachali on the Gulf of Xeros
north-eastwards,
a line reaching and then following the southern boundary of the basin of the
Beylik Dere to the crest of the Kuru Dagh;
then following that crest line,
then a straight line passing north of Emerli, and south of Derelar,
then curving north-north-eastwards and cutting the road from Rodosto to Malgara
3 kilometres west of Ainarjik and then passing 6 kilometres south-east of
Ortaja Keui,
then curving north-eastwards and cutting the road from Rodosto to Hairobolu 18
kilometres northwest of Rodosto,
then to a point on the road from Muradli to Rodosto about kilometre south of
Muradli,
a straight line;
thence east-north-eastwards to.Yeni Keui,
a straight line, modified, however, so as to pass at a minimum distance of 2
kilometres north of the railway from Chorlu to Chatalja;
thence north-north-eastwards to a point west of Istranja,
situated on the frontier of Turkey in Europe as defined in Article 27, 1 (2),
a straight line leaving the village of Yeni Keui within the zone; thence to the
Black Sea,
the frontier of Turkey in Europe as defined in Article 27, 1 (2).
(2) In Asia:
From a point to be determined by the Principal
Allied Powers between Cape Dahlina and Kemer Iskele on the gulf of Adramid
east-north-eastwards,
a line passing south of Kemer Iskele and Kemer together with the road joining
these places;
then to a point immediately south of the point where the Decauville railway
from Osmanlar to Urchanlar crosses the Diermen Dere,
a straight line;
thence north-eastwards to Manias Geul,
a line following the right bank of the Diermen Dere, and Kara Dere Suyu;
thence eastwards, the southern shore of Manias Geul;
then to the point where it is crossed by the railway from Panderma to
Susighirli, the course of the Kara Dere upstream;
thence eastwards to a point on the Adranos Chai about kilometres from its mouth
near Kara Oghlan,
a straight line;
thence eastwards, the course of this river downstream then the southern shore
of Abulliont Geul;
then to the point where the railway from Mudania to Brusa crosses the Ulfer
Chai, about 5 kilometres northwest of Brusa,
a straight line;
thence north-eastwards to the confluence of the rivers about 6 kilometres north
of Brusa,
the course of the Ulfer Chai downstream;
thence eastwards to the southernmost point of Iznik Geul,
a straight line;
thence to a point 2 kilometres north of Iznik,
the southern and eastern shores of this lake;
thence north-eastwards to the westernmost point of Sbanaja Geul,
a line following the crest line Chirchir Chesme, Sira Dagh,
Elmali Dagh, Kalpak Dagh, Ayu Tepe, Hekim Tepe; thence northwards to a point on
the road from Ismid to Armasha, 8 kilometres southwest of Armasha,
a line following as far as possible the eastern boundary of the basin of the
Chojali Dere;
thence to a point on the Black Sea, 2 kilometres east of the mouth of the
Akabad R,
a straight line.
ARTICLE 180.
A Commission shall be constituted within
fifteen days from the coming into force of the present Treaty to trace on the
spot the boundaries of the zone referred to in Article 178, except in so far as
these boundaries coincide with the frontier line described in Article 27,1(2).
This Commission shall be composed of three members nominated by the military
authorities of France, Great Britain and Italy respectively, with, for the
portion of the zone placed under Greek sovereignty, one member nominated by the
Greek Government, and, for the portion of the zone remaining under Turkish
sovereignty, one member nominated by the Turkish Government. The decisions of
the Commission, which will be taken by a majority, shall be binding on the
parties concerned. The expenses of this Commission will be included in the
expenses of the occupation of the said zone.
SECTION II.
NAVAL CLAUSES.
ARTICLE 181.
From the coming into force of the present
Treaty all warships interned in Turkish ports in accordance with the Armistice
of October 30, 1918, are declared to be finally surrendered to the Principal
Allied Powers.
Turkey will, however, retain the right to
maintain along her coasts for police and fishery duties a number of vessels
which shall not exceed:
7 sloops,
6 torpedo boats.
These vessels will constitute the Turkish
Marine, and will be chosen by the Naval Inter-Allied Commission of Control
referred to in Article 201 from amongst the following vessels:
SLOOPS
Aidan Reis. Hizir Reis.
Burock Reis. Kemal Reis.
Sakis. Issa Reis.
Prevesah.
TORPEDO-BOATS
Sisri Hissar. Moussoul.
Sultan Hissor. Ack Hissar.
Drach. Younnous.
The authority established for the control of
customs will be entitled to appeal to the three Allied Powers referred to in
Article 178 in order to obtain a more considerable force, if such an increase
is considered indispensable for the satisfactory working of the services
concerned.
Sloops may carry a light armament of two guns
inferior to 77 m /m. and two machine guns. Torpedo-boats (or patrol launches)
may carry a light armament of one gun inferior to 77 m/m. All the torpedoes and
torpedo-tubes on board will be removed.
ARTICLE 182.
Turkey is forbidden to construct or acquire
any warships other than those intended to replace the units referred to in
Article 181. Torpedo-boats shall be replaced by patrol launches.
The vessels intended for replacement purposes
shall not exceed: 600 tons in the case of sloops;
l00 tons in the case of patrol launches.
Except where a ship has been lost, sloops and
torpedo-boats shall only be replaced after a period of twenty years, counting
from the launching of the ship.
ARTICLE 183.
The Turkish armed transports and fleet
auxiliaries enumerated below shall be disarmed and treated as merchant ships:
Rechid Pasha (late Port Antonio).
Tir-i-Mujghion (late Pembroke Castle).
Kiresund (late Warwick Castle).
Millet (late Seagull).
Akdeniz. Bosphorus ferry-boats Nos. 60, 61, 63 and 70.
ARTICLE 184.
All warships, including submarines, now under
construction in Turkey shall be broken up, with the exception of such surface
vessels as can be completed for commercial purposes.
The work of breaking up these vessels shall be
commenced on the coming into force of the present Treaty.
ARTICLE 185.
Articles, machinery and material arising from
the breaking up of Turkish warships of all kinds, whether surface vessels or
submarines, may not be used except for purely industrial or commercial
purposes. They may not be sold or disposed of to foreign countries.
ARTICLE 186.
The construction or acquisition of any
submarine, even for commercial purposes, shall be forbidden in Turkey.
ARTICLE 187.
The vessels of the Turkish Marine enumerated
in Article 181 must have on board or in reserve only the allowance of war
material and armaments fixed by the Naval Inter-Allied Commission of Control
referred to in Article 201. Within a month from the time when the above
quantities are fixed all armaments rmunitions or other naval war material
including mines and torpedoes, belonging to Turkey at the time of the signing
of the Armistice of October 30, 1918, must be definitely surrendered to the
Principal Allied Powers.
The manufacture of these articles in Turkish
territory for, and their export to, foreign countries shall be forbidden.
All other stocks, depots or reserves of arms,
munitions or naval war material of all kinds are forbidden.
ARTICLE 188.
The Naval Inter-Allied Commission of Control
will fix the number of officers and men of all grades and corps to be admitted
in accordance with the provisions of Article 189, into the Turkish Marine. This
number will include the personnel for manning the ships left to Turkey in
accordance with Article 181, and the administrative personnel of the police and
fisheries protection services and of the semaphore stations.
Within two months from the time when the above
number is fixed, the personnel of the former Turkish Navy in excess of this
number shall be demobilised.
No naval or military corps or reserve force in
connection with the Turkish Marine may be organised in Turkey without being
included in the above strength.
ARTICLE 189.
The personnel of the Turkish Marine shall be
recuited entirely by voluntary engagements entered into for a minimum period of
twenty-five consecutive years for officers, and twelve consecutive years for
petty officers and men.
The number engaged to replace those discharged
for any reason other than the expiration of their term of service must not
exceed five per cent. per annum of the total personnel fixed by the Naval
Inter-Allied Commission of Control.
The personnel discharged from the former
Turkish Navy must not receive any kind of naval or military training.
Officers belonging to the former Turkish Navy
and not demobilised must undertake to serve till the age of forty-five, unless
discharged for sufficient reason.
Officers and men belonging to the Turkish
mercantile marine must not receive any kind of naval or military training.
ARTICLE 190.
On the coming into force of the present Treaty
all the wireless stations in the zone referred to in Article 178 shall be
handed over to the Principal Allied Powers. Greece and Turkey shall not
construct any wireless stations in the said zone.
SECTION III.
AIR CLAUSES.
ARTICLE 19l.
The Turkish armed forces must not include any
military or naval air forces.
No dirigible shall be kept.
ARTICLE 192.
Within two months from the coming into force
of the present Treaty the personnel of the air forces on the rolls of the
Turkish land and sea forces shall be demobilised.
ARTICLE 193.
Until the complete evacuation of Turkish
territory by the Allied troops, the aircraft of the Allied Powers shall have
throughout Turkish territory freedom of passage through the air, freedom of
transit and of landing.
ARTICLE 194.
During the six months following the coming
into force of the present Treaty the manufacture, importation and exportation
of aircraft of every kind, parts of aircraft, engines for aircraft and parts of
engines for aircraft shall be forbidden in all Turkish territory.
ARTICLE 195.
On the coming into force of the present Treaty
all military and naval aeronautical material must be delivered by Turkey, at
her own expense, to the Principal Allied Powers.
Delivery must be completed within six months
and must be effected at such places as may be appointed by the Aeronautical
Inter-Allied Commission of Control. The Governments of the Principal Allied
Powers will decide as to the disposal of this material.
In particular, this material will include all
items under the following heads which are or have been in use or were designed
for warlike purposes.
Complete aeroplanes and seaplanes, as well as
those being manufactured, repaired or assembled.
Dirigibles able to take the air, being
manufactured, repaired or assembled.
Plant for the manufacture of hydrogen.
Dirigible sheds and shelters of every kind for
aircraft.
Pending their delivery, dirigibles will, at
the expense of Turkey be maintained inflated with hydrogen; the plant for the
manufacture of hydrogen, as well as the sheds for dirigibles, may, at the
discretion of the said Powers, be left to Turkey until the dirigibles are
handed over.
Engines for aircraft.
Nacelles and fuselages.
Armament (guns, machine-guns, light
machine-guns, bombdropping apparatus, torpedo-dropping apparatus, synchronising
apparatus, aiming apparatus).
Munitions (cartridges, shells, bombs loaded or
unloaded, stocks of explosives or of material for their manufacture).
Instruments for use on aircraft.
Wireless apparatus and photographic and
cinematographic apparatus for use on aircraft.
Component parts of any of the items under the
preceding heads.
All aeronautical material of whatsoever
description in Turkey shall be considered primdfocie as war material, and as
such may not be exported, transferred, lent, used or destroyed, but must remain
on the spot until such time as the Aeronautical Inter-Allied Commission of
Control referred to in Article 202 has given a decision as to its nature; this
Commission will be exclusively entitled to decide all such points.
SECTION IV.
INTER-ALLIED COMMISSIONS OF CONTROL AND
ORGANISATION.
ARTICLE 196.
Subject to any special provisions in this
Part, the military, naval and air clauses contained in the present Treaty shall
be executed by Turkey and at her expense under the control of Inter-Allied
Commissions appointed for this purpose by the Principal Allied Powers.
The above-mentioned Commissions will represent
the Principal Allied Powers in dealing with the Turkish Government in all
matters relating to the execution of the military, naval or air clauses. They
will communicate to the Turkish authorities the decisions which the Principal
Allied Powers have reserved the right to take, or which the execution of the
said clauses may necessitate.
ARTICLE 197.
The Inter-Allied Commissions of Control and
Organisation may establish their organisations at Constantinople, and will be
entitled, as often as they think desirable, to proceed to any point whatever in
Turkish territory, or to send sub-commissions, or to authorise one or more of
their members to go, to any such point.
ARTICLE 198.
The Turkish Government must furnish to the
Inter-Allied Commissions of Control and Organisation all such information and
documents as the latter may deem necessary for the accomplishment of their
mission, and must supply at its own expense all labour and material which the
said Commissions may require in order to ensure the complete execution of the
military, naval or air clauses.
The Turkish Government shall attach a
qualified representative to each Commission for the purpose of receiving all
communications which the Commission may have to address to the Turkish
Government, and of supplying or procuring for the Commission all information or
documents which may be required.
ARTICLE 199.
The upkeep and cost of the Inter-Allied
Commissions of Control and Organisation and the expenses incurred by their work
shall be borne by Turkey.
ARTICLE 200.
The Military Inter-Allied Commission of
Control and Organisation will be entrusted on the one hand with the supervision
of the execution of tbe military clauses relating to the reduction of the
Turkish forces within the authorised limits, the delivery of arms and war
material prescribed in Chapter VI of Section I and the disarmament of the
fortified regions prescribed in Chapters VII and VIII of that Section, and on
the other hand with the organisation and the control of the employment of the
new Turkish armed force.
(l) As the Military Inter-Allied Commission of
Control it will be its special duty:
(a) To fix the number of customs officials,
local urban and rural police, forest guards and other like officials which
Turkey will be authorised to maintain in accordance with Article 170.
(b) To receive from the Turkish Government the
notifications relating to the location of the stocks and depots of munitions,
the armament of the fortified works, fortresses and forts, the situation of the
works or factories for the production of arms, munitions and war material and
their operations.
(c) To take delivery of the arms, munitions,
war material and plant intended for manufacture of the same, to select the
points where such delivery is to be effected, and to supervise the works of
rendering things useless and of conversion provided for by the present Treaty.
(2) As the Military Inter-Allied Commission of
Organisation it will be its special duty:
(a) To proceed, in collaboration with the
Turkish Government, with the organisation of the Turkish armed force upon the
basis laid down in Chapters I to IV, Section I of this Part, with the
delimitation of the territorial regions provided for in Article 156, and with
the distribution of the troops of gendarmerie and the special elements for
reinforcement between the different territorial regions;
(b) To control the conditions for the
employment, as laid down in Articles 156 and I57, of these troops of
gendarmerie and these elements, and to decide what effect shall be given to
requests of the Turkish Government for the provisional modification of the
normal distribution of these forces determined in conformity with the said
Articles;
(c) To determine the proportion by nationality
of the Allied and neutral officers to be engaged to serve in the Turkish
gendarmerie under the conditions laid down in Article 159, and to lay down the
conditions under which they are to participate in the different duties provided
for them in the said Article.
ARTICLE 201.
It will be the special duty of the Naval
Inter-Allied Commission of Control to visit the building yards and to supervise
the breaking-up of the ships, to take delivery of the arms, munitions and naval
war material and to supervise their destruction and breaking up.
The Turkish Government must furnish to the
Naval Inter-Allied Commission of Control all such information and documents as
the latter may deem necessary to ensure the complete execution of the naval
clauses, in particular the designs of the warships, the composition of their
armaments, the details and models of the guns, munitions, torpedoes, mines,
explosives, wireless telegraphic apparatus and in general everything relating
to naval war material, as well as all legislative or administrative documents
and regulations.
ARTICLE 202.
It will be the special duty of the
Aeronautical Inter-Allied Commission of Control to make an inventory of the
aeronautical material now in the hands of the Turkish Government, to inspect
aeroplane, balloon and motor manufactories and factories producing arms,
munitions and explosives capable of being used by aircraft, to visit all
aerodromes, sheds, landing grounds, parks and depots on Turkish territory, to
arrange, if necessary, for the removal of material and to take delivery of such
material.
The Turkish Government must furnish to the
Aeronautical Inter-Allied Commission of Control all such information and
legislative, administrative or other documents as the Commission may consider
necessary to ensure the complete execution of the air clauses, and in
particular a list of the personnel belonging to all the Turkish air services
and of the existing material as well as of that in process of manufacture or on
order, and a complete list of all establishments working for aviation, of their
positions, and of all sheds and landing grounds.
ARTICLE 203.
The Military, Naval and Aeronautical
Inter-Allied Commissions of Control will appoint representatives who will be
jointly responsible for controlling the execution of the operations provided
for in paragraphs (1) and (2) of Article 178.
ARTICLE 204.
Pending the definitive settlement of the
political status of the territories referred to in Article 89, the decisions of
the Inter- Allied Commissions of Control and Organisation will be subject to
any modifications which the said Commissions may consider necessary in
consequence of such settlement.
ARTICLE 205.
The Naval and Aeronautical Inter-Allied
Commissions of Control will cease to operate on the completion of the tasks
assigned to them respectively by Articles 201 and 202.
The same will apply to the section of the
Military Inter-Allied Commission entrusted with the functions of control
prescribed in Article 200 (1).
The section of the said Commission entrusted
with the organisation of the new Turkish armed force as provided in Article 200
(2) will operate for five years from the coming into force of the present
Treaty. The Principal Allied Powers reserve the right to decide, at the end of
this period, whether it is desirable to maintain or suppress this section of
the said Commission.
SECTION V.
GENERAL PROVISIONS.
ARTICLE 206.
The following portions of the Armistice of
October 30, 1918: Articles 7, 10, 12, 13 and 24 remain in force so far as they
are not inconsistent with the provisions of the present Treaty.
ARTICLE 207.
Turkey undertakes from the coming into force
of the present Treaty not to accredit to any foreign country any military,
naval or air mission, and not to send or allow the departure of such mission;
she undertakes, moreover, to take the necessary steps to prevent Turkish
nationals from leaving her territory in order to enlist in the army, fleet or
air service of any foreign Power, or to be attached thereto with the purpose of
helping in its training, or generally to give any assistance to the military,
naval or air instruction in a foreign country.
The Allied Powers undertake on their part that
from the coming into force of the present Treaty they will neither enlist in
their armies, fleets or air services nor attach to them any Turkish national
with the object of helping in military training, or in general employ any
Turkish national as a military, naval or air instructor.
The present provision does not, however,
affect the right of France to recruit for the Foreign Legion in accordance with
French military laws and regulations.
PART VI.
PRISONERS OF WAR AND GRAVES.
SECTION I.
PRISONERS OF WAR.
ARTICLE 208.
The repatriation of Turkish prisoners of war
and interned civilians who have not already been repatriated shall continue as
quickly as possible after the coming into force of the present Treaty.
ARTICLE 209.
From the time of their delivery into the hands
of the Turkish authorities, the prisoners of war and interned civilians are to
be returned without delay to their homes by the said authorities.
Those among them who, before the war, were
habitually resident in territory occupied by the troops of the Allied Powers
are likewise to be sent to their homes, subject to the consent and control of
the military authorities of the Allied armies of occupation.
ARTICLE 210.
The whole cost of repatriation from October
30, 1918, shall be borne by the Turkish Government.
ARTICLE 211.
Prisoners of war and interned civilians
awaiting disposal or undergoing sentence for offences against discipline shall
be repatriated irrespective of the completion of their sentence or of the
proceedings pending against them.
This stipulation shall not apply to prisoners
of war and interned civilians punished for offences committed subsequent to
June 15, 1920.
During the period pending their repatriation,
all prisoners of war and interned civilians shall remain subject to the
existing regulations, more especially as regards work and discipline.
ARTICLE 212.
Prisoners of war and interned civilians who
are awaiting trial or undergoing sentence for offences other than those against
discipline may be detained.
ARTICLE 213.
The Turkish Government undertakes to admit to
its territory without distinction all persons liable to repatriation.
Prisoners of war or Turkish nationals who do
not desire to be repatriated may be excluded from repatriation; but the Allied
Governments reserve to themselves the right either to repatriate them or to
take them to a neutral country or to allow them to reside in their own
territories.
The Turkish Government undertakes not to
institute any exceptional proceedings against these persons or their families
nor to take any repressive or vexatious measures of any kind whatsoever against
them on this account.
ARTICLE 214.
The Allied Governments reserve the right to
make the repatriation of Turkish prisoners of war or Turkish nationals in their
hands conditional upon the immediate notification and release by the Turkish
Government of any prisoners of war and other nationals of the Allied Powers who
are still held in Turkey against their will.
ARTICLE 2I5.
The Turkish Government undertakes:
(I) To give every facility to Commissions
entrusted by the Allied Powers with the search for the missing or the
identification of Allied nationals who have expressed their desire to remain in
Turkish territory; to furnish such Commissions with all necessary means of
transport; to allow them access to camps, prisons, hospitals and all other
places; and to place at their disposal all documents whether public or private
which would facilitate their enquiries;
(2) To impose penalties upon any Turkish
officials or private persons who have concealed the presence of any nationals
of any of the Allied Powers, or who have neglected to reveal the presence of
any such after it had come to their knowledge;
(3) To facilitate the establishing of criminal
acts punishable by the penalties referred to in Part VII (Penalties) of the
present Treaty and committed by Turks against the persons of prisoners of war
or Allied nationals during the war.
ARTICLE 216.
The Turkish Govermnent undertakes to restore
without delay from the date of the coming into force of the present Treaty all
articles, equipment, arms, money, securities, documents and personal effects of
every description which have belonged to officers, soldiers or sailors or other
nationals of the Allied Powers and which have been retained by the Turkish
authorities.
ARTICLE 217.
The High Contracting Parties waive
reciprocally all repayment of sums due for the maintenance of prisoners of war
in their respective territories.
SECTION II.
GRAVES.
ARTICLE 218.
The Turkish Government shall transfer to the
British, French and Italian Governments respectively full and exclusive rights
of ownership over the land within the boundaries of Turkey as fixed by the
present Treaty in which are situated the graves of their soldiers and sailors
who fell in action or died from wounds, accident or disease, as well as over
the land required for laying out cemeteries or erecting memorials to these
soldiers and sailors, or providing means of access to such cemeteries or
memorials.
The Greek Government undertakes to fulfil the
same obligation so far as concerns the portion of the zone of the Straits and
the islands placed under its sovereignty.
ARTICLE 219.
Within six months from the coming into force
of the present Treaty the British, French and Italian Governments will
respectively notify to the Turkish Government and the Greek Government the land
of which the ownership is to be transferred to them in accordance with Article
218. The British, French and Italian Governments will each have the right to
appoint a Commission, which shall be exclusively entitled to examine the areas
where burials have or may have taken place, and to make suggestions with regard
to the re-grouping of graves and the sites where cemeteries are eventually to
be established. The Turkish Government and the Greek Government may be
represented on these Commissions, and shall give them all assistance in
carrying out their mission.
The said land will include in particular the
land in the Gallipoli Peninsula shown on map No. 3 [see Introduction]; the
limits of this land will be notified to the Greek Government as provided in the
preceding paragraph. The Government in whose favour the transfer is made
undertakes not to employ the land, nor to allow it to be employed, for any
purpose other than that to which it is dedicated. The shore may not be employed
for any military, marine or commercial purpose.
ARTICLE 220.
Any necessary legislative or administrative
measures for the transfer to the British, French and Italian Governments
respectively of full and exclusive rights of ownership over the land notified
in accordance with Article 219 shall be taken by the Turkish Government and the
Greek Government respectively within six months from the date of such
notification. If any compulsory acquisition of the land is necessary it will be
effected by, and at the cost of, the Turkish Government or the Greek
Government, as the case may be.
ARTICLE 221.
The British, French and Italian Governments
may respectively entrust f gendarmerie, Greek and Turkish, will be under the I
deem fit the establishment, arrangement, maintenance and care of the
cemeteries, memorials and graves situated in the land referred to in Article
218.
These Commissions or organisations shall be
officially recognised by the Turkish Government and the Greek Government
respectively. They shall have the right to undertake any exhumations or removal
of bodies which they may consider necessary in order to concentrate the graves
and establish cemeteries; the remains of soldiers or sailors may not be
exhumed, on any pretext whatever, without the authority of the Commission or
organisation of the Government concerned.
ARTICLE 222.
The land referred to in this Section shall not
be subjected by Turkey or the Turkish authorities, or by Greece or the Greek
authorities, as the case may be, to any form of taxation. Representatives of
the British, French or Italian Governments, as well as persons desirous of
visiting the cemeteries, memorials and graves, shall at all times have free
access thereto. The Turkish Government and the Greek Government respectively
undertake to maintain in perpetuity the roads leading to the said land.
The Turkish Government and the Greek
Government respectively undertake to afford to the British, French and Italian
Governments all necessary facilities for obtaining a sufficient water supply
for the requirements of the staff engaged in the maintenance or protection of
the said cemeteries or memorials, and for the irrigation of the land.
ARTICLE 223.
The provisions of this Section do not affect
the Turkish or Greek sovereignty, as the case may be, over the land
transferred. The Turkish Government and the Greek Government respectively shall
take all the necessary measures to ensure the punishment of persons subject to
their jurisdiction who may be guilty of any violation of the rights conferred
on the Allied Governments, or of any desecration of the cemeteries, memorials
or graves.
ARTICLE 224.
Without prejudice to the other provisions of
this Section, the Allied Governments and the Turkish Government will cause to
be respected and maintained the graves of soldiers and sailors buried in their
respective territories, including any territories for which they may hold a
mandate in conformity with the Covenant of the League of Nations.
ARTICLE 225.
The graves of prisoners of war and interned
civilians who are nationals of the different belligerent States and have died
in captivity shall be properly maintained in accordance with Article 224.
The Allied Governments on the one hand and the
Turkish Government on the other reciprocally undertake also to furnish to each
other:
(1) A complete list of those who have died,
together with all information useful for identification
(2) All information as to the number and
position of the graves of all those who have been buried without
identification.
PART VII.
PENALTIES.
ARTICLE 226.
The Turkish Government recognises the right of
the Allied Powers to bring before military tribunals persons accused of having
committed acts in violation of the laws and customs of war. Such persons shall,
if found guilty, be sentenced to punishments laid down by law. This provision
will apply notwithstanding any proceedings or prosecution before a tribunal in
Turkey. or in the territory of her allies.
The Turkish Government shall hand over to the
Allied Powers or to such one of them as shall so request all persons accused of
having committed an act in violation of the laws and customs of war, who are
specified either by name or by the rank, office or employment which they held
under the Turkish authorities.
ARTICLE 227.
Persons guilty of criminal acts against the
nationals of one of the Allied Powers shall be brought before the military
tribunals of that Power.
Persons guilty of criminal acts against the
nationals of more than one of the Allied Powers shall be brought before
military tribunals composed of members of the military tribunals of the Powers
concerned.
In every case the accused shall be entitled to
name his own counsel.
ARTICLE 228.
The Turkish Government undertakes to furnish
all documents and information of every kind, the production of which may be
considered necessary to ensure the full knowledge of the incriminating acts,
the prosecution of offenders and the just appreciation of responsibility.
ARTICLE 229.
The provisions of Articles 226 to 228 apply
similarly to the Governments of the States to which territory belonging to the
former Turkish Empire has been or may be assigned, in so far as concerns
persons accused of having committed acts contrary to the laws and customs of
war who are in the territory or at the disposal of such States.
If the persons in question have acquired the
nationality of one of the said States, the Government of such State undertakes
to take, at the request of the Power concerned and in agreement with it, or
upon the joint request of all the Allied Powers, all the measures necessary to
ensure the prosecution and punishment of such persons.
ARTICLE 230.
The Turkish Government undertakes to hand over
to the Allied Powers the persons whose surrender may be required by the latter
as being responsible for the massacres committed during the continuance of the
state of war on territory which formed part of the Turkish Empire on August 1,
1914.
The Allied Powers reserve to themselves the
right to designate the tribunal which shall try the persons so accused, and the
Turkish Government undertakes to recognise such tribunal.
In the event of the League of Nations having
created in sufficient time a tribunal competent to deal with the said
massacres, the Allied Powers reserve to themselves the right to bring the
accused persons mentioned above before such tribunal, and the Turkish
Government undertakes equally to recognise such tribunal.
The provisions of Article 228 apply to the
cases dealt with in this Article.
PART VIII.
FINANCIAL CLAUSES.
ARTICLE 231.
Turkey recognises that by joining in the war
of aggression which Germany and Austria-Hungary waged against the Allied Powers
she has caused to the latter losses and sacrifices of all kinds for which she
ought to make complete reparation.
On the other hand, the Allied Powers recognise
that the resources of Turkey are not sufficient to enable her to make complete
reparation.
In these circumstances, and inasmuch as the
territorial rearrangements resulting from the present Treaty will leave to
Turkey only a portion of the revenues of the former Turkish Empire, all claims
against the Turkish Government for reparation are waived by the Allied Powers,
subject only to the provisions of this Part and of Part IX (Economic Clauses)
of the present Treaty.
The Allied Powers, desiring to afford some
measure of relief and assistance to Turkey, agree with the Turkish Government
that a Financial Commission shall be appointed consisting of one representative
of each of the following Allied Powers who are specially interested, France,
the British Empire and Italy, with whom there shall be associated a Turkish
Commissioner in a consultative capacity. The powers and duties of this
Commission are set forth in the following Articles.
ARTICLE 232.
The Financial Commission shall take such steps
as in its judgment are best adapted to conserve and increase the resources of
Turkey.
The Budget to be presented annually by the
Minister of Finance to the Turkish Parliament shall be submitted, in the first
instance, to the Financial Commission, and shall be presented to Parliament in
the form approved by that Commission. No modification introduced by Parliament
shall be operative without the approval of the Financial Commission.
The Financial Commission shall supervise the
execution of the Budget and the financial laws and regulations of Turkey. This
supervision shall be exercised through the medium of the Turkish Inspectorate
of Finance, which shall be placed under the direct orders of the Financial
Commission, and whose members will only be appointed with the approval of the
Commission.
The Turkish Government undertakes to furnish
to this Inspectorate all facilities necessary for the fulfilment of its task,
and to take such action against unsuitable officials in the Financial
Departments of the Government as the Financial Commission may suggest.
ARTICLE 233.
The Financial Commission shall, in addition,
in agreement with the Council of the Ottoman Public Debt and the Imperial
Ottoman Bank, undertake by such means as may be recognised to be opportune and
equitable the regulation and improvement of the Turkish currency.
ARTICLE 234.
The Turkish Government undertakes not to
contract any internal or external loan without the consent of the Financial
Commission.
ARTICLE 235.
The Turkish Government engages to pay, in
accordance with the provisions of the present Treaty, for all loss or damage,
as defined in Article 236, suffered by civilian nationals of the Allied Powers,
in respect of their persons or property, through the action or negligence of
the Turkish authorities during the war and up to the coming into force of the
present Treaty.
The Turkish Government will be bound to make
to the European Commission of the Danube such restitutions, reparations and
indemnities as may be fixed by the Financial Commission in respect of damages
inHicted on the said European Commission of the Danube during the war.
ARTICLE 236.
All the resources of Turkey, except revenues
conceded or hypothecated to the service of the Ottoman Public Debt (see Annex
1), shall be placed at the disposal of the Financial Commission, which shall
employ them, as need arises, in the following manner:
(i) The first charge (after payment of the
salaries and current expenses of the Financial Commission, and of the ordinary
expenses of such Allied forces of occupation as may be maintained after the
coming into force of the present Treaty in territories remaining Turkish) shall
be the expenses of the Allied forces of occupation since October 30, 1918, in
territory remaining Turkish, and the expenses of Allied forces of occupation in
territories detached from Turkey in favour of a Power other than the Power
which has borne the expenses of occupation.
The amount of these expenses and of the
annuities by which they shall be discharged will be determined by the Financial
Commission, which will so arrange the annuities as to enable Turkey to meet any
deficiency that may arise in the sums required to pay that part of the interest
on the Ottoman Public Debt for which Turkey remains responsible in accordance
with this Part.
(ii) The second charge shall be the indemnity
which the Turkish Government is to pay, in accordance with Article 235, on
account of the claims of the Allied Powers for loss or damage suffered in
respect of their persons or property by their nationals, (other than those who
were Turkish nationals on August 1, 1914) as defined in Article 317, Part IX
(Economic Clauses), through the action or negligence of the Turkish authorities
during the war, due regard being had to the financial condition of Turkey and
the necessity for providing for the essential expenses of its administration.
The Financial Commission shall adjudicate on and provide for payment of all
claims in respect of personal damage. The claims in respect to property shall
be investigated, determined and paid in accordance with Article 287, Part IX
(Economic Clauses). The Financial Commission shall fix the annuity to be
applied to the settlement of claims in respect of persons as well as in respect
of property, should the funds at the disposal of the Allied Powers in
accordance with the said Article 287, be insufficient to meet this charge, and
shall determine the currency in which the annuity shall be paid.
ARTICLE 237
Any hypothecation of Turkish revenues effected
during the war in respect of obligations (including the internal debt)
contracted by the Turkish Government during the war is hereby annulled.
ARTICLE 238.
Turkey recognises the transfer to the Allied
Powers of any claims to payment or repayment which Germany, Austria, Bulgaria
or Hungary may have against her, in accordance with Article 261 of the Treaty
of Peace concluded at Versailles on June 28, 19l9, with Germany, and the
corresponding Articles of the Treaties of Peace with Austria, Bulgaria and
Hungary. The Allied Powers agree not to require from Turkey any pay ment in
respect of claims so transferred.
ARTICLE 239.
No new concession shall be granted by the
Turkish Government either to a Turkish subject or otherwise without the consent
of the Financial Commission.
ARTICLE 240.
States in whose favour territory is detached
from Turkey shall acquire without payment all property and possessions situated
therein registered in the name of the Turkish Empire or of the Civil List.
ARTICLE 241.
States in whose favour territory has been
detached from Turkey, either as a result of the Balkan Wars in 1913, or under
the present Treaty, shall participate in the annual charge for the service of
the Ottoman Public Debt contracted before November 1, 1914.
The Governments of the States of the Balkan
Peninsula and the newly-created States in Asia in favour of whom such territory
has been or is detached from Turkey shall give adequate guarantees for the
payment of the share of the above annual charge allotted to them respectively.
ARTICLE 242.
For the purposes of this Part, the Ottoman
Public Debt shall be deemed to consist of the Debt heretofore governed by the
Decree of Mouharrem, together with such other loans as are enumerated in Annex
I to this Part.
Loans contracted before November 1, 1914, will
be taken into account in the distribution of the Ottoman Public Debt between
Turkey, the States of the Balkan Peninsula and the new States set up in Asia.
This distribution shall be effected in the
following manner:
(I) Annuities arising from loans prior to
October 17, 19l2 (Balkan Wars), shall be distributed between Turkey and the
Balkan States, including Albania, which receive or have received any Turkish
territory.
(2) The residue of the annuities for which
Turkey remains liable after this distribution, together with those arising from
loans contracted by Turkey between October 17, 19l2, and November 1, 1914,
shall be distributed between Turkey and the States in whose favour territory is
detached from Turkey under the present Treaty.
ARTICLE 243
The general principle to be adopted in
determining the amount of the annuity to be paid by each State will be as
follows:
The amount shall bear the same ratio to the
total required for the service of the Debt as the average revenue of the
transferred territory bore to the average revenue of the whole of Turkey
(including in each case the yield of the Customs surtax imposed in the year
1907) over the three financial years 1909-10, 1910-11, and 1911-12.
ARTICLE 244
The Financial Commission shall, as soon as
possible after the coming into force of the present Treaty, determine in
accordance with the principle laid down in Article 243 the amount of the
annuities referred to in that Article, and communicate its decisions in this
respect to the High Contracting Parties.
The Financial Commission shall fulfil the
functions provided for in Article 134 of the Treaty of Peace concluded with
Bulgaria on November 27, 19l9.
ARTICLE 245.
The annuities assessed in the manner above
provided will be payable as from the date of the coming into force of the
Treaties by which the respective territories were detached from Turkey, and, in
the case of territories detached under the present Treaty from March 1, 1920;
they shall continue to be payable (except as provided by Article 252) until the
final liquidation of the Debt. They shall, however, be proportionately reduced
as the loans constituting the Debt are successively extinguished.
ARTICLE 246.
The Turkish Government transfers to the
Financial Commission all its rights under the provisions of the Decree of
Mouharrem and subsequent Decrees.
The Council of the Ottoman Public Debt shall
consist of the British, French and Italian delegates, and of the representative
of the Imperial Ottoman Bank, and shall continue to operate as heretofore. It
shall administer and levy all revenues conceded to it under the Decree of
Mouharrem and all other revenues the management of which has been entrusted to
it in accordance with any other loan contracts previous to November 1, 1914.
The Allied Powers authorise the Council to
give administrative assistance to the Turkish Ministry of Finance, under such
conditions as may be determined by the Financial Commission with the object of
realising as far as possible the following programme:
The system of direct levy of certain revenues
by the existing Administration of the Ottoman Public Debt shall, within limits
to be prescribed by the Financial Commission, be extended as widely as possible
and applied throughout the provinces remaining Turkish. On each new creation of
revenue or of indirect taxes approved by the Financial Commission, the
Commission shal consider thepossibility of entrusting the administration
thereof to the Council of the Debt for the account of the Turkish Government.
The administration of the Customs shall be
under a Director-General appointed by and revocable by the Financial Commission
and answerable to it. No change in the schedule of the Customs charges shall be
made except with the approval of the Financial Commission.
The Governments of France, Great Britain and
Italy will decide, by a majority and after consulting the bondholders whether
the Council should be maintained or replaced by the Financial Commission or the
expiry of the present term of the Council. The decision of the Governments
shall be taken at least six months before the date corresponding to the expiry
of this period.
ARTICLE 247.
The Commission has authority to propose, at a
later date, the substitution for the pledges at present granted to bondholders,
in accordance with their contracts or existing decrees, of other adequate
pledges, or of a charge on the general revenues of Turkey. The Allied
Governments undertake to consider any proposals the Financial Commission might
then have to make on this subject.
ARTICLE 248.
All property, movable and immovable, belonging
to the Administration of the Ottoman Public Debt, wherever situate, shall
remain integrally at the disposal of that body.
The Council of the Debt shall have power to
apply the value of any realised property for the purpose of extraordinary
amortisation either of the Unified Debt or of the Lots Turcs.
ARTICLE 249.
The Turkish Government agrees to transfer to
the Financial Commission all its rights in the Reserve Funds and the Tripoli
Indemnity Fund.
ARTICLE 250.
A sum equal to the arrears of any revenues
heretofore affected to the service of the Ottoman Public Debt within the
territories remaining Turkish, which should have been but have not been paid to
the Council of the Debt, shall (except where such territories have been in the
military occupation of Allied forces and for the time of such occupation) be
paid to the Council of the Debt by the Turkish Government as soon as in the
opinion of the Financial Commission the financial condition of Turkey shall
permit.
ARTICLE 251.
The Council of the Debt shall review all the
transactions of the Council which have taken place during the war. Any
disbursements made by the Council which were not in accordance with its powers
and duties, as defined by the Decree of Mouharrem or otherwise before the war,
shall be reimbursed to the Council of the Debt by the Turkish Government so
soon as in the opinion of the Financial Commission such payment is possible.
The Council shall have power to review any action on the part of the Council
during the war, and to annul any obligation which in its opinion is prejudicial
to the interests of the bondholders, and which was not in accordance with the
powers of the Council of the Debt.
ARTICLE 252.
Any of the States which under the present
Treaty are to contribute to the annual charge for the service of the Ottoman
Public Debt may, upon giving six months' notice to the Council of the Debt,
redeem such obligation by payment of a sum representing the value of such
annuity capitalised at such rate of interest as may be agreed between the State
concerned and the Council of the Debt. The Council of the Debt shall not have
power to require such redemption.
ARTICLE 253.
The sums in gold to be transferred by Germany
and Austria under the provisions of Article 259 (1), (2), (4) and (7) of the
Treaty of Peace with Germany, and under Article 210 (1) of the Treaty of Peace
with Austria, shall be placed at the disposal of the Financial Commission.
ARTICLE 254.
The sums to be transferred by Germany in
accordance with Article 259 (3) of the Treaty of Peace with Germany shall be
placed forthwith at the disposal of the Council of the Debt.
ARTICLE 255.
The Turkish Government undertakes to accept
any decision that may be taken by the Allied Powers, in agreement when
necessary with other Powers, regarding the funds of the Ottoman Sanitary
Administration and the former Superior Council of Health, and in respect of the
claim of the Superior Council of Health against the Turkish Government, as well
as regarding the funds of the Lifeboat Service of the Black Sea and Bosphorus.
The Allied Powers hereby give authority to the
Financial Commission to represent them in this matter.
ARTICLE 256.
The Turkish Government, in agreement with the
Allied Powers, hereby releases the German Government from the obligation
incurred by it during the war to accept Turkish Government currency notes at a
specified rate of exchange in payment for goods to be exported to Turkey from
Germany after the war.
ARTICLE 257.
As soon as the claims of the Allied Powers
against the Turkish Government as laid down in this Part have been satisfied,
and Ottoman pre-war Public Debt has been liquidated, the Financial Commission
shall determine. The Turkish Government shall then consider in consultation
with the Council of the League of Nations whether any further administrative
advice and assistance should in the interests of Turkey be provided for the
Turkish Government by the Powers, Members of the League of Nations, and, if so,
in what form such advice and assistance shall be given.
ARTICLE 258.
(1) Turkey will deliver, in a seaworthy
condition and in such ports of the Allied Powers as the Governments of the said
Powers may determine all German ships transferred to the Turkish flag since
August I, I9I4; these ships will be handed over to the Reparation Commission
referred to in Article 233 of the Treaty of Peace with Germany, any transfer to
a neutral flag during the war being regarded in this respect as void so far as
concerns the Allied Powers.
(2) The Turkish Government will hand over at
the same time as the ships referred to in paragraph (1) all papers and
documents which the Reparation Commission referred to in the said paragraph may
think necessary in order to ensure the complete transfer of the property in the
vessels, free and quit of all liens, mortgages, encumbrances, charges or
claims, whatever their nature.
The Turkish Government will effect any
re-purchase or indemnisation which may be necessary. It will be the party
responsible in the event of any proceedings for the recovery of, or in any
claims against, the vessel to be handed over whatever their nature, the Turkish
Government being bound in every case to guarantee the Reparation Commission
referred to in paragraph (1) against any ejectment or proceedings upon any
ground whatever arising under this head.
ARTICLE 259.
Without prejudice to Article 277, Part IX
(Economic Clauses) of the present Treaty, Turkey renounces, so far as she is
concerned, the benefit of any provisons of the Treaties of Brest-Litovsk and
Bucharest or of the Treaties supplementary thereto.
Turkey undertakes to transfer either to
Roumania or to the Principal Allied Powers, as the case may be, all monetary
instruments, specie, securities and negotiable instruments or goods which she
has received under the aforesaid Treaties.
ARTICLE 260.
The legislative measures required in order to
give effect to the provisions of this Part will be enacted by the Turkish
Government and by the Powers concerned within a period which must not exceed
six months from the signature of the present Treaty.
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