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The Treaty of Sèvres, 1920 10 Aug 1920
(from: The Treaties of Peace 1919-1923,
Vol. II, Carnegie Endowment for International Peace, New York, 1924.)
Section I, Articles 1-260
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;
His 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;
His 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;
His 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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