The Treaty of Sévres, which was signed on August 10, 1920, liquidated the Ottoman Empire and virtually abolished Turkish sovereignty, followed in the main the decisions reached at the Conference of San Remo. Turkey renounced sovereignty over Mesopotamia, Syria, Palestine and the kingdom of Hejaz. Turkey retained Anatolia but İzmir and its environs were placed under Greek administration pending a plebiscite to determine its permanent status. In Europe, Turkey ceded parts of East Thrace and certain Aegean islands to Greece, and the Dodecanese and Rhodes to Italy, retaining only Istanbul and its environs, including the Zone of the Straits, which was neutralized and internationalized. The Allies further obtained virtual control over the Turkish economy. The treaty was accepted by the Ottoman government but was rejected by the national movement of Mustafa Kemal. Following the War of Liberation, the terms of Sèvres were annuled in Turkey’s favor by the Treaty of Lausanne in 1923.
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;
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;
Sir Arthur HIRTZEL, K. C. B., Assistant Under Secretary of State for India;
THE PRESIDENT OF THE FRENCH REPUBLIC:
Mr. Alexandre MILLERAND, President of the Council, Minister for Foreign Affairs
Mr. Frederic FRANÇOIS-MARSAL, Minister of Finance
Mr. Auguste Paul-Louis ISAAC, Minister of Commerce and Industry;
Mr. Jules CAMBON, Ambassador of France
Mr. Georges Maurice PALÉOLOGUE, Ambassador of France, Secretary-General of the Ministry of Foreign Affairs;
Hls MAJESTY THE KING OF ITALY:
Count LELIO BONIN LONGARE, Senator of the Kingdom
Ambassador Extraordinary and Plenipotentiary of H. M. the King of Italy at Paris
General Giovanni MARIETTI, Italian Military Representative on the Supreme War Council;
Hls MAJESTY THE EMPEROR OF JAPAN:
Viscount CHINDA, Ambassador Extraordinary and Plenipotentiary of H. M. the Emperor of Japan at London;
Mr. K. MATSUI, Ambassador Extraordinary and Plenipotentiary of H. M. the Emperor of Japan at Paris;
Mr. Avetis AHARONIAN, President of the Delegation of the Armenian Republic;
HIS MAJESTY THE KING OF THE BELGIANS:
Mr. Jules VAN DEN HEUVEL, Envoy Extraordinary and Minister Plenipotentiary, Minister of State;
Mr. ROLIN JAEQUEMYNS, Member of the Institute of Private International Law, Secretary-General of the Belgian Delegation;
HIS MAJESTY THE KING OF THE HELLENES:
Mr. Eleftherios K. VENIZELOS, President of the Council of Ministers;
Mr. Athos ROMANOS, Envoy Extraordinary and Minister Plenipotentiary of H. M. the King of the Hellenes at Paris;
HIS MAJESTY THE KING OF THE HEDJAZ:
THE PRESIDENT OF THE POLISH REPUBLIC:
Count Maurice ZAMOYSKI, Envoy Extraordinary and Minister Plenipotentiary of the Polish Republic at Paris;
Mr. Erasme PILTZ;
THE PRESIDENT OF THE PORTUGUESE REPUBLIC:
Dr. Affonso da COSTA, formerly President of the Council of Ministers;
His MAJESTY THE KING OF ROUMANIA:
Mr. Nicolae TITULESCU, Minister of Finance;
Prince DIMITRIE GHIKA, Envoy Extraordinary and Minister Plenipotentiary of H. M. the King of Roumania at Paris;
Hls MAJESTY THE KING OF THE SERBS, THE CROATS AND THE SLOVENES:
Mr. Nicolas P. PACHITCH, formerly President of the Council of Ministers;
Mr. Ante TRUMBIC, Minister for Foreign Affairs;
THE PRESIDENT OF THE CZECHO-SLOVAK REPUBLIC:
Mr. Edward BENES, Minister for Foreign Affairs;
Mr. Stephen OSUSKY, Envoy Extraordinary and Minister Plenipotentiary of the Czecho-Slovak Republic at London;
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.
THE COVENANT OF THE LEAGUE OF NATIONS.
ARTICLES 1 TO 26 AND ANNEX
See Part I, Treaty of Versailles, Pages 10-23.
FRONTIERS OF TURKEY.
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.
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.]
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.
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.
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.
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.
The various States interested undertake to safeguard the trigonometrical points, signals, posts or frontier marks erected by the Commissions.
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.
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.
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 .
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.
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.
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.
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.
The Commissioners shall enjoy, within the limits specified in Article 39, diplomatic privileges and immunities.
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.
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;
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
(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.
Prizes shall in all respects be subjected to the same conditions as belligerent vessels of war.
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.
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.
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Turkey, in accordance with the action already taken by the Allied Powers, hereby recognises Armenia as a free and independent State.
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.
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.
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.
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.
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.
SYRIA, MESOPOTAMIA, PALESTINE.
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.
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.
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.
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.
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.
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.
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.
EGYPT, SOUDAN, CYPRUS.
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.
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.
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.
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.
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.
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.
Egyptian nationals shall be entitled, when abroad, to British diplonlatic and consular protection.
Egyptian goods entering Turkey shall enjoy the treatment accorded to British goods.
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.
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.
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.
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.
Soudanese shall be entitled when in foreign countries to British diplomatic and consular protection.
The High Contracting Parties recognise the annexation of Cyprus proclaimed by the British Government on November 5, 1914.
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.
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.
Turkey recognises the French Protectorate in Morocco, and accepts all the consequences thereof. This recognition shall take effect as from March 30, 1912.
Moroccan goods entering Turkey shall be subject to the same treatment as French goods.
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.
LIBYA, AEGEAN ISLANDS.
Turkey definitely renounces all rights and privileges which under the Treaty of Lausanne of October 18, 1912, were left to the Sultan in Libya.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
PROTECTION OF MINORITIES.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
EFFECTIVES, ORGANISATION AND CADRES OF THE TURKISH ARMED FORCE.
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 <a href=”http://http://www.lib.byu.edu/estu/wwi/maps/s_mil1.gif”> Table 1 annexed to this Section.</a>
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.
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.
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.
To<a href=”http://http://www.lib.byu.edu/estu/wwi/maps/s_mil2.gif”>Table 2</a>
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.
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.
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.
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.
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.
Within the period fixed by Article 153, all existing forces of gendarmerie shall be amalgamated with the legions provided for in Article 156.
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.
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.
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.
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.
SCHOOLS, EDUCATIONAL ESTABLISHMENTS, MILITARY CLASS AND SOCIETIES
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.
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.
CUSTOMS OFFICIALS, LOCAL URBAN AND RURAL POLICE, FOREST GUARDS.
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.
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.
The stock of munitions at the disposal of Turkey shall not exceed the amounts fixed in Table III annexed to this Section.
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.
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.
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.
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.
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.
MAINTENANCE OF THE FREEDOM OF THE STRAITS
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.
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.
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.
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:
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:
Aidan Reis. Hizir Reis.
Burock Reis. Kemal Reis.
Sakis. Issa Reis.
Sisri Hissar. Moussoul.
Sultan Hissor. Ack Hissar.
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.
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.
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).
Bosphorus ferry-boats Nos. 60, 61, 63 and 70.
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.
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.
The construction or acquisition of any submarine, even for commercial purposes, shall be forbidden in Turkey.
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.
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.
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.
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.
The Turkish armed forces must not include any military or naval air forces.
No dirigible shall be kept.
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.
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.
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.
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.
INTER-ALLIED COMMISSIONS OF CONTROL AND ORGANISATION.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
PRISONERS OF WAR AND GRAVES.
PRISONERS OF WAR.
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.
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.
The whole cost of repatriation from October 30, 1918, shall be borne by the Turkish Government.
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.
Prisoners of war and interned civilians who are awaiting trial or undergoing sentence for offences other than those against discipline may be detained.
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.
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.
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.
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.
The High Contracting Parties waive reciprocally all repayment of sums due for the maintenance of prisoners of war in their respective territories.
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.
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.
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.
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.
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
The Turkish Government undertakes not to contract any internal or external loan without the consent of the Financial Commission.
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.
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.
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.
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.
No new concession shall be granted by the Turkish Government either to a Turkish subject or otherwise without the consent of the Financial Commission.
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.
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.
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.
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.
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.
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.
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.
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.
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.
The Turkish Government agrees to transfer to the Financial Commission all its rights in the Reserve Funds and the Tripoli Indemnity Fund.
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.
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.
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.
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.
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.
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.
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.
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.
(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.
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.
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.