1924: Straits Treaty
THE CONVENTION RELATING TO THE REGIME OF THE STRAITS
And considering that the maintenance of that freedom is necessary to the general peace and the commerce of the world,
Have decided to conclude a Convention to this effect, and have appointed as their respective Plenipotentiaries:
HIS MAJESTY THE KING OF THE UNITED KINGDOM OF GREAT BRITAIN AND IRELAND AND OF THE BRITISH DOMINIONS BEYOND THE SEAS, EMPEROR OF INDIA: The Right Honourable Sir Horace George Montagu Rumbold, Baronet, G.C.M.G., High Commissioner at Constantinople;
THE PRESIDENT OF THE FRENCH REPUBLIC:
HIS MAJESTY THE KING OF ITALY:
M. Giulio Cesare Montagna, Envoy Extraordinary and Minister Plenipotentiary at Athens, Commander of the Order of Saints Maurice and Lazarus, Grand Officer of the Crown of Italy;
HIS MAJESTY THE EMPEROR OF JAPAN:
HIS MAJESTY THE KING OF THE BULGARIANS: M. Bogdan Morphoff, formerly Minister of Railways, Posts and Telegraphs;
M. Dimitri Stancioff, Doctor of Law, Envoy Extraordinary and Minister Plenipotentiary at London, Grand Cross of the Order of Saint Alexander;
HIS MAJESTY THE KING OF THE HELLENES:
M. Demetrios Caclamanos, Minister Plenipotentiary at London, Commander of the Order of the Saviour;
HlS MAJESTY THE KING OF ROUMANIA:
M. Constantine Contzesco, Minister Plenipotentiary;
HIS MAJESTY THE KING OF THE SERBS, THE CROATS AND THE SLOVENES: Dr. Miloutine Yovanovitch, Envoy Extraordinary and Minister Plenipotentiary at Berne;
THE GOVERNMENT OF THE GRAND NATIONAL ASSEMBLY OF TURKEY: Ismet Pasha, Minister for Foreign Affairs, Deputy for Adrianople;
Dr. Riza Nour Bey, Minister for Health and for Public Assistance, Deputy for Sinope;
Hassan Bey, formerly Minister, Deputy for Trebizond;
Who, having produced their full powers, found in good and due form, have agreed as follows:
The High Contracting Parties agree to recognise and declare the principle of freedom of transit and of navigation by sea and by air in the Strait of the Dardanelles, the Sea of Marmora and the Bosphorus, hereinafter comprised under the general term of the "Straits."
The transit and navigation of commercial vessels and aircraft, and of war vessels and aircraft in the Straits in time of peace and in time of war shall henceforth be regulated by the provisions of the attached Annex.
Rules for the Passage of Commercial Vessels and Aircraft, and of War Vessels and Aircraft through the Straits.
(a) In Time of Peace.
Complete freedom of navigation and passage by day and by night under any flag and with any kind of cargo, without any formalities, or tax, or charge whatever (subject, however, to international sanitary provisions) unless for services directly rendered, such as pilotage, light, towage or other similar charges, and without prejudice to the rights exercised in this respect by the services and undertakings now operating under concessions granted by the Turkish Government.
To facilitate the collection of these dues, merchant vessels passing the Straits will communicate to stations appointed by the Turkish Government their name, nationality, tonnage and destination.
Pilotage remains optional.
(b) In Time of War, Turkey being Neutral.
Complete freedom of navigation and passage by day and by night under the same conditions as above. The duties and rights of Turkey as a neutral Power cannot authorise her to take any measures liable to interfere with navigation through the Straits, the waters of which, and the air above which, must remain entirely free in time of war, Turkey being neutral just as in time of peace.
Pilotage remains optional.
(c) In Time of War, Turkey being a Belligerent.
Freedom of navigation for neutral vessels and neutral non-military aircraft, if the vessel or aircraft in question does not assist the enemy, particularly by carrying contraband, troops or enemy nationals. Turkey will have the right to visit and search such vessels and aircraft, and for this purpose aircraft are to alight on the ground or on the sea in such areas as are specified and prepared for this purpose by Turkey. The rights of Turkey to apply to enemy vessels the measures allowed by international law are not affected.
Turkey will have full power to take such measures as she may consider necessary to prevent enemy vessels from using the Straits. These measures, however, are not to be of such a nature as to prevent the free passage of neutral vessels, and Turkey agrees to provide such vessels with either the necessary instruction or pilots for the above purpose.
(a) In Time of Peace.
Complete freedom of passage by day and by night under any flag, without any formalities, or tax, or charge whatever, but subject to the following restrictions as to the total force:
The maximum force which any one Power may send through the Straits into the Black Sea is not to be greater than that of the most powerful fleet of the littoral Powers of the Black Sea existing in that sea at the time of passage; but with the proviso that the Powers reserve to themselves the right to send into the Black Sea, at all times and under all circumstances, a force of not more than three ships, of which no individual ship shall exceed 10,000 tons.
Turkey has no responsibility in regard to the number of war vessels which pass through the Straits.
In order to enable the above rule to be observed, the Straits Commission provided for in Article 10 will, on the 1st January and the 1st July of each year, enquire of each Black Sea littoral Power the number of each of the following classes of vessel which such Power possesses in the Black Sea: Battle-ships, battle-cruisers, aircraft-carriers, cruisers, destroyers, submarines, or other types of vessels as well as naval aircraft; distinguishing between the ships which are in active commission and the ships with reduced complements, the ships in reserve and the ships undergoing repairs or alterations.
The Straits Commission will then inform the Powers concerned that the strongest naval force in the Black Sea comprises: Battleships, battle-cruisers, aircraft carriers, cruisers, destroyers, submarines, aircraft and units of other types which may exist. The Straits Commission will also immediately inform the Powers concerned when, owing to the passage into or out of the Black Sea of any ship of the strongest Black Sea force, any alteration in tha[sic] force has taken place.
The naval force that may be sent through the Straits into the Black Sea will be calculated on the number and type of the ships of war in active commission only.
(b) In Time of War, Turkey being Neutral.
Complete freedom of passage by day and by night under any flag, without any formalities, or tax, or charge whatever, under the same limitations as in paragraph 2 (a),
However, these limitations will not be applicable to any belligerent Power to the prejudice of its belligerent rights in the Black Sea.
The rights and duties of Turkey as a neutral Power cannot authorise her to take any measures liable to interfere with navigation through the Straits, the waters of which, and the air above which, must remain entirely free in time of war, Turkey being neutral, just as in time of peace.
Warships and military aircraft of belligerents will be forbidden to make any capture, to exercise the right of visit and search, or to carry out any other hostile act in the Straits
As regards revictualling and carrying out repairs, war vessels will be subject to the terms of the Thirteenth Hague Convention of 1907, dealing with maritime neutrality.
Military aircraft will receive in the Straits similar treatment to that accorded under the Thirteenth Hague Convention of 1907 to warships, pending the conclusion of an international Convention establishing the rules of neutrality for aircraft.
(c) In Time of War, Turkey being Belligerent.
Complete freedom of passage for neutral warships, without any formalities, or tax, or charge whatever, but under the same limitations as in paragraph 2 (a).
The measures taken by Turkey to prevent enemy ships and aircraft from using the Straits are not to be of such a nature as to prevent the free passage of neutral ships and aircraft, and Turkey agrees to provide the said ships and aircraft with either the necessary instructions or pilots for the above purpose.
Neutral military aircraft will make the passage of the Straits at their own risk and peril, and will submit to investigation as to their character. For this purpose aircraft are to alight on the ground or on the sea in such areas as are specified and prepared for this purpose by Turkey.
(b) The officer in command of a foreign naval force, whether coming from the Mediterranean or the Black Sea, will communicate, without being compelled to stop, to a signal station at the entrance to the Dardanelles or the Bosphorus, the number and the names of vessels under his orders which are entering the Straits.
These signal stations shall be notified from time to time by Turkey; until such signal stations are notified, the freedom of passage for foreign war vessels in the Straits shall not thereby be prejudiced, nor shall their entry into the Straits be for this reason delayed.
(c) The right of military and non-military aircraft to fly over the Straits, under the conditions laid down in the present rules, necessitates for aircraft:
(i) Freedom to fly over a strip of territory of five kilometres on each side of the narrow parts of the Straits;
(ii) Liberty, in the event of a forced landing, to alight on the coast or on the sea in the territorial waters of Turkey.
(a) Paragraphs 1, 2 and 3 of this Annex apply to the passage of vessels, warships and aircraft through and over the Straits and do not affect the right of Turkey to make such regulations as she may consider necessary regarding the number of men-of-war and military aircraft of any one Power which may visit Turkish ports or aerodromes at one time, and the duration of their stay.
(b) Littoral Powers of the Black Sea will also have a similar right as regards their ports and aerodromes.
(c) The light-vessels which the Powers at present represented on the European Commission of the Danube maintain as stationnaires at the mouths of that river as far up as Galatz will be regarded as additional to the men-of-war referred to in paragraph 2, and may be replaced in case of need.
Warships which have on board cases of plague, cholera or typhus, or which have had such cases on board during the last seven days, and warships which have left an infected port within less than five times 24 hours must pass through the Straits in quarantine and apply by the means on board such prophylactic measures as are necessary to prevent any possibility of the Straits being infected.
The same rule shall apply to merchant ships having a doctor on board and passing straight through the Straits without calling at a port or breaking bulk.
Merchant ships not having a doctor on board shall be obliged to comply with the international sanitary regulations before entering the Straits, even if they are not to call at a port therein.
Warships and merchant vessels calling at one of the ports in the Straits shall be subject in that port to the international sanitary regulations applicable in the port in question.
With a view to maintaining the Straits free from any obstacle to free passage and navigation, the provisions contained in Articles 4 to 9 will be applied to the waters and shores thereof as well as to the islands situated therein, or in the vicinity.
The zones and islands indicated below shall be demilitarised:
(1) Both shores of the Straits of the Dardanelles and the Bosphorus over the extent of the zones delimited below:
On the north-west, the Gallipoli Peninsula and the area south-east of a line traced from a point on the Gulf of Xeros 4 kilometres north-east of Bakla-Burnu, reaching the Sea of Marmora at Kumbaghi and passing south of Kavak (this village excluded);
On the south-east, the area included between the coast and a line 20 kilometres from the coast, starting from Cape Eski-Stamboul opposite Tenedos and reaching the Sea of Marmora at a point on the coast immediately north of Karabigha.
Bosphorus (without prejudice to the special provisions relating to Constantinople contained in Article 8):
On the east, the area extending up to a line 15 kilometres from the eastern shore of the Bosphorus;
On the west, the area up to a line 15 kilometres from the western shore of the Bosphorus.
(2) All the islands in the Sea of Marmora, with the exception of the island of Emir Ali Adasi.
(3) In the Ægean Sea, the islands of Samothrace, Lemnos, Imbros, Tenedos and Rabbit Islands.
A Commission composed of four representatives appointed respectively by the Governments of France, Great Britain, Italy and Turkey shall meet within 15 days of the coming into force of the present Convention to determine on the spot the boundaries of the zone laid down in Article 4 (1).
The Governments represented on that Commission will pay the salaries of their respective representatives.
Any general expenses incurred by the Commission shall be borne in equal shares by the Powers represented thereon.
Subject to the provisions of Article 8 concerning Constantinople, there shall exist, in the demilitarised zones and islands, no fortifications, no permanent artillery organisation, no submarine engines of war other than submarine vessels, no military aerial organisation, and no naval base.
No armed forces shall be stationed in the demilitarised zones and islands except the police and gendarmerie forces necessary for the maintenance of order; the armament of such forces will be composed only of revolvers, swords, rifles and four Lewis guns per hundred men, and will exclude any artillery.
In the territorial waters of the demilitarised zones and islands, there shall exist no submarine engines of war other than submarine vessels.
Notwithstanding the preceding paragraphs Turkey will retain the right to transport her armed forces through the demilitarised zones and islands of Turkish territory, as well as through their territorial waters, where the Turkish fleet will have the right to anchor.
Moreover, in so far as the Straits are concerned, the Turkish Government shall have the right to observe by means of aeroplanes or balloons both the surface and the bottom of the sea. Turkish aeroplanes will always be able to fly over the waters of the Straits and the demilitarised zones of Turkish territory, and will have full freedom to alight therein, either on land or on sea.
In the demilitarised zones and islands and in their territorial waters, Turkey and Greece shall similarly be entitled to effect such movements of personnel as are rendered necessary for the instruction outside these zones and islands of the men recruited therein.
Turkey and Greece shall have the right to organise in the said zones and islands in their respective territories any system of observation and communication, both telegraphic, telephonic and visual. Greece shall be entitled to send her fleet into the territorial waters of the demilitarised Greek islands, but may not use these waters as a base of operations against Turkey nor for any military or naval concentration for this purpose.
No submarine engines of war other than submarine vessels shall be installed in the waters of the Sea of Marmora.
The Turkish Government shall not install any permanent battery or torpedo tubes, capable of interfering with the passage of the Straits, in the coastal zone of the European shore of the Sea of Marmora or in the coastal zone on the Anatolian shore situated to the east of the demilitarised zone of the Bosphorus as far as Darije.
At Constantinople, including for this purpose Stamboul, Pera, Galata, Scutari, as well as Princes' Islands, and in the immediate neighbourhood of Constantinople, there may be maintained for the requirements of the capital, a garrison with a maximum strength of 12,000 men. An arsenal and naval base may also be maintained at Constantinople.
If, in case of war, Turkey, or Greece, in pursuance of their belligerent rights, should modify in any way the provisions of demilitarisation prescribed above, they will be bound to re-establish as soon as peace is concluded the regime laid down in the present Convention.
There shall be constituted at Constantinople an International Commission composed in accordance with Article 12 and called the "Straits Commission."
The Commission will exercise its functions over the waters of the Straits.
The Commission shall be composed of a representative of Turkey, who shall be President, and representatives of France, Great Britain, Italy, Japan, Bulgaria, Greece, Roumania, Russia, and the Serb-Croat-Slovene State, in so far as these Powers are signatories of the present Convention, each of these Powers being entitled to representation as from its ratification of the said Convention.
The United States of America, in the event of their acceding to the present Convention, will also be entitled to have one representative on the Commission.
Under the same conditions any independent littoral States of the Black Sea which are not mentioned in the first paragraph of the present Article will possess the same right.
The Governments represented on the Commission will pay the salaries of their representatives. Any incidental expenditure incurred by the Commission will be borne by the said Governments in the proportion laid down for the division of the expenses of the League of Nations.
It will be the duty of the Commission to see that the provisions relating to the passage of warships and military aircraft are carried out; these provisions are laid down in paragraphs 2, 3 and 4 of the Annex to Article 2.
The Straits Commission will carry out its functions under the auspices of the League of Nations, and will address to the League an annual report giving an account of its activities, and furnishing all information which may be useful in the interests of commerce and navigation; with this object in view the Commission will place itself in touch with the departments of the Turkish Government dealing with navigation through the Straits.
It will be the duty of the Commission to prescribe such regulations as may be necessary for the accomplishment of its task.
The terms of the present Convention will not infringe the right of Turkey to move her fleet freely in Turkish waters.
The High Contracting Parties, desiring to secure that the demilitarisation of the Straits and of the contiguous zones shall not constitute an unjustifiable danger to the military security of Turkey, and that no act of war should imperil the freedom of the Straits or the safety of the demilitarised zones, agree as follows:
Should the freedom of navigation of the Straits or the security of the demilitarised zones be imperilled by a violation of the provisions relating to freedom of passage, or by a surprise attack or some act of war or threat of war, the High Contracting Parties, and in any case France, Great Britain, Italy, and Japan, acting in conjunction, will meet such violation, attack, or other act of war or threat of war, by all the means that the Council of the League of Nations may decide for this purpose.
So soon as the circumstance which may have necessitated the action provided for in the preceding paragraph shall have ended, the regime of the Straits as laid down by the terms of the present Convention shall again be strictly applied.
The present provision, which forms an integral part of those relating to the demilitarisation and to the freedom of the Straits, does not prejudice the rights and obligations of the High Contracting Parties under the Covenant of the League of Nations.
The High Contracting Parties will use every possible endeavour to induce non-signatory Powers to accede to the present Convention.
This adherence will be notified through the diplomatic channel to the Government of the French Republic, and by that.Government to all signatory or adhering States. The adherence will take effect as from the date of notification to the French Government.
The present Convention shall be ratified. The ratification shall be deposited at Paris as soon as possible.
The Convention will come into force in the same way as the Treaty of Peace signed this day. In so far as concerns those Powers who are not signatories of this Treaty and who at that date shall not yet have ratified the present Convention, this Convention will come into force as from the date on which they deposit their respective ratifications, which deposit shall be notified to the other Contracting Powers by the French Government.
In faith whereof the above-named Plenipotentiaries have signed the present Convention.
Done at Lausanne the 24th July, 1923, in a single copy which will remain deposited in the archives of the Government of the French Republic, and of which authenticated copies will be transmitted to each of the Contracting Powers.
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CONVENTION CONCERNING THE EXCHANGE OF GREEK AND TURKISH POPULATIONS
The Government of the Grand National Assembly of Turkey and the Greek Government have agreed upon the following provisions:
As from the 1st May, 1923, there shall take place a compulsory exchange of Turkish nationals of the Greek Orthodox religion established in Turkish territory, and of Greek nationals of the Moslem religion established in Greek territory.
These persons shall not return to live in Turkey or Greece respectively without the authorisation of the Turkish Government or of the Greek Government respectively.
The following persons shall not be included in the exchange provided for in Article I:
(a) The Greek inhabitants of Constantinople.
(b) The Moslem inhabitants of Western Thrace.
All Greeks who were already established before the 30th October, 1918, within the areas under the Prefecture of the City of Constantinople, as defined by the law of 1912, shall be considered as Greek inhabitants of Constantinople.
All Moslems established in the region to the east of the frontier line laid down in 1913 by the Treaty of Bucharest shall be considered as Moslem inhabitants of Western Thrace.
Those Greeks and Moslems who have already, and since the 18th October, 1912, left the territories the Greek and Turkish inhabitants of which are to be respectively exchanged, shall be considered as included in the exchange provided for in Article 1.
The expression "emigrant" in the present Convention includes all physical and juridical persons who have been obliged to emigrate or have emigrated since the 18th October, 1912.
All able-bodied men belonging to the Greek population, whose families have already left Turkish territory, and who are now detained in Turkey, shall constitute the first instalment of Greeks sent to Greece in accordance with the present Convention.
Subject to the provisions of Articles 9 and l0 of the present Convention, the rights of property and monetary assets of Greeks in Turkey or Moslems in Greece shall not be prejudiced in consequence of the exchange to be carried out under the present Convention
No obstacle may be placed for any reason whatever in the way of the departure of a person belonging to the populations which are to be exchanged. In the event of an emigrant having received a definite sentence of imprisonment, or a sentence which is not yet definitive, or of his being the object of criminal proceedings, he shall be handed over by the authorities of the prosecuting country to the authorities of the country whither he is going, in order that he may serve his sentence or be brought to trial.
The emigrants will lose the nationality of the country which they are leaving, and will acquire the nationality of the country of their destination, upon their arrival in the territory of the latter country.
Such emigrants as have already left one or other of the two countries and have not yet acquired their new nationality, shall acquire that nationality on the date of the signature of the present Convention.
Emigrants shall be free to take away with them or to arrange for the transport of their movable property of every kind, without being liable on this account to the payment of any export or import duty or any other tax.
Similarly, the members of each community (including the personnel of mosques, tekkes, meddresses, churches, convents, schools, hospitals, societies, associations and juridical persons, or other foundations of any nature whatever) which is to leave the territory of one of the Contracting States under the present Convention, shall have the right to take away freely or to arrange for the transport of the movable property belonging to their communities.
The fullest facilities for transport shall be provided by the authorities of the two countries, upon the recommendation of the Mixed Commission provided for in Article II.
Emigrants who may not be able to take away all or part of their movable property can leave it behind. In that event, the local authorities shall be required to draw up, the emigrant in question being given an opportunity to be heard, an inventory and valuation of the property left by him. Procès-verbaux containing the inventory and the valuation of the movable property left by the emigrant shall be drawn up in four copies, one of which shall be kept by the local authorities, the second transmitted to the Mixed Commission provided for in Article I I to serve as the basis for the liquidation provided for by Article 9, the third shall be handed to the Government of the country to which the emigrant is going, and the fourth to the emigrant himself.
Immovable property, whether rural or urban, belonging to emigrants, or to the communities mentioned in Article 8, and the movable property left by these emigrants or communities, shall be liquidated in accordance with the following provisions by the Mixed Commission provided for in Article II.
Property situated in the districts to which the compulsory exchange applies and belonging to religious or benevolent institutions of the communities established in a district to which the exchange does not apply, shall likewise be liquidated under the same conditions.
The movable and immovable property belonging to persons who have already left the territory of the High Contracting Parties and are considered, in accordance with Article 3 of the present Convention, as being included in the exchange of populations, shall be liquidated in accordance with Article 9. This liquidation shall take place independently of all measures of any kind whatever, which, under the laws passed and the regulations of any kind made in Greece and Turkey since the 18th October, 1912, or in anyother way, have resulted in any restriction on rights of ownership over the property in question, such as confiscation forced sale, etc. In the event of the property mentioned in this Article or in Article 9 having been submitted to a measure of this kind, its value shall be fixed by the Commission provided for in Article II, as if the measures in question had not been applied.
As regards expropriated property, the Mixed Commission shall undertake a fresh valuation of such property, if it has been expropriated since the 18th October, 1912, having previously belonged to persons liable to the exchange of populations in the two countries, and is situated in territories to which the exchange applies. The Commission shall fix for the benefit of the owners such compensation as will repair the injury which the Commission has ascertained. The total amount of this compensation shall be carried to the credit of these owners and to the debit of the Government on whose territory the expropriated property is situated.
In the event of any persons mentioned in Articles 8 and 9 not having received the income from property, the enjoyment of which they have lost in one way or another, the restoration of the amount of this income shall be guaranteed to them on the basis of the average yield of the property before the war, and in accordance with the methods to be laid down by the Mixed Commission.
The Mixed Commission provided for in Article II, when proceeding to the liquidation of Wakf property in Greece and of the rights and interests connected therewith, and to the liquidation of similar foundations belonging to Greeks in Turkey, shall follow the principles laid down in previous Treaties with a view to fully safeguarding the rights and interests of these foundations and of the individuals interested in them.
The Mixed Commission provided for in Article II shall be entrusted with the duty of executing these provisions.
Article I I
Within one month from the coming into force of the present Convention a Mixed Commission shall be set up in Turkey or in Greece consisting of four members representing each of the High Contracting Parties, and of three members chosen by the Council of the League of Nations from among nationals of Powers which did not take part in the war of 1914-1918. The Presidency of the Commission shall be exercised in turn by each of these three neutral members.
The Mixed Commission shall have the right to set up, in such places as it may appear to them necessary, Sub-Commissions working under its order. Each such Sub-Commission shall consist of a Turkish member, a Greek member and a neutral President to be designated by the Mixed Commission. The Mixed Commission shall decide the powers to be delegated to the Sub-Commission.
The duties of the Mixed Commission shall be to supervise and facilitate the emigration provided for in the present Convention and to carry out the liquidation of the movable and immovable property for which provision is made in Articles 9 and l0.
The Commission shall settle the methods to be followed as regards the emigration and liquidation mentioned above.
In a general way the Mixed Commission shall have full power to take the measures necessitated by the execution of the present Convention and to decide all questions to which this Convention may give rise.
The decisions of the Mixed Commission shall be taken by a majority.
All disputes relating to property, rights and interests which are to be liquidated shall be settled definitely by the Commission.
The Mixed Commission shall have full power to cause the valuation to be made of the movable and immovable property which is to be liquidated under the present Convention, the interested parties being given a hearing or being duly summoned so that they may be heard.
The basis for the valuation of the property to be liquidated shall be the value of the property in gold currency.
The Commission shall transmit to the owner concerned a declaration stating the sum due to him in respect of the property of which he has been dispossessed, and such property shall remain at the disposal of the Government on whose territory it is situated.
The total sums due on the basis of these declarations shall constitute a Government debt fromthe country wherethe liquidation takes place to the Government of the country to which the emigrant belongs. The emigrant shall in principle be entitled to receive in the country to which he emigrates, as representing the sums due to him, property of a value equal to and of the same nature as that which he has left behind.
Once every six months an account shall be drawn up of the sums due by the respective Governments on the basis of the declarations as above.
When the liquidation is completed, if the sums of money due to both sides correspond, the accounts relating thereto shall be balanced. If a sum remains due from one of the Governments to the other Government after a balance has been struck, the debit balance shall be paid in cash. If the debtor Government requests a postponement in making this payment, the Commission may grant such postponement, provided that the sum due be paid in three annuities at most. The Commission shall fix the interest to be paid during the period of postponement.
If the sum to be paid is fairly large and requires longer postponement, the debtor Government shall pay in cash a sum to be fixed by the Mixed Commission, up to a maximum of 20 per cent. of the total due, and shall issue in respect of the balance loan certificates bearing such interest as the Mixed Commission may fix, to be paid off within 20 years at most. The debtor Govern- ment shall assign to the service of these loans pledges approved by the Commission, which shall be administered and of which the revenues shall be encashed by the International Commission in Greece and by the Council of the Public Debt at Constantinople. In the absence of agreement in regard to these pledges, they shall be selected by the Council of the League of Nations.
With a view to facilitating emigration, funds shall be advanced to the Mixed Commission by the States concerned, under conditions laid down by the said Commission.
The Turkish and Greek Governments shall come to an agreement with the Mixed Commission provided for in Article II in regard to all questions concerning the notification to be made to persons who are to leave the territory of Turkey and Greece under the present Convention, and concerning the ports to which these persons are to go for the purpose of being transported to the country of their destination.
The High Contracting Parties undertake mutually that no pressure direct or indirect shall be exercised on the populations which are to be exchanged with a view to making them leave their homes or abandon their property before the date fixed for their departure. They likewise undertake to impose on the emigrants who have left or who are to leave the country no special taxes or dues. No obstacle shall be placed in the way of the inhabitants of the districts excepted from the exchange under Article 2 exercising freely their right to remain in or return to those districts and to enjoy to the full their liberties and rights of property in Turkey and in Greece. This provision shall not be invoked as a motive for preventing the free alienation of property belonging to inhabitants of the said regions which are excepted from the exchange, or the voluntary departure of those among these inhabitants who wish to leave Turkey or Greece.
The expenses entailed by the maintenance and working of the Mixed Commission and of the organizations dependent on it shall be borne by the Governments concerned in proportions to be fixed by the Commission.
The High Contracting Parties undertake to introduce in their respective laws such modifications as may be necessary with a view to ensuring the execution of the present Convention.
The present Convention shall have the same force and effect as between the High Contracting Parties as if it formed part of the Treaty of Peace to be concluded with Turkey. It shall come into force immediately after the ratification of the said Treaty by the two High Contracting Parties.
In faith whereof, the undersigned Plenipotentiaries, whose respective full Powers have been found in good and due form, have signed the present Convention.
Done at Lausanne, the 30th January, 1923, in three copies, one of which shall be transmitted to the Greek Government, one to the Government of the Grand National Assembly of Turkey, and the third shall be deposited in the archives of the Government of the French Republic, which shall deliver certified copies to the other Powers signatory of the Treaty of Peace with Turkey.
(L.S.) E. K. VENISELOS
The undersigned Turkish Plenipotentiaries, duly authorized to that effect, declare that, without waiting for the coming into force of the Convention with Greece of even date, relating to the exchange of the Greek and Turkish populations, and by way of exception to Article I of that Convention, the Turkish Government, on the signature of the Treaty of Peace, will release the able-bodied men referred to in Article 4 of the said Convention, and will provide for their departure.
Done at Lausanne, the 30th January, 1923.
DECLARATION RELATING TO THE ADMINISTRATION OF JUSTICE IN TURKEY
The Turkish Delegation has already had occasion to state that the Government of the Grand National Assembly of Turkey is in a position to ensure to foreigners before the Turkish Courts all the safeguards of a good judicial system and to provide therefor in the exercise of its full sovereignty and without any kind of foreign interference. It is nevertheless prepared to have an investigation made and to cause the situation to be studied with a view to the institution of such reforms as may be rendered advisable by the development of manners and civilisation.
Animated by this spirit, the Undersigned, acting in virtue of their full powers, desire to make the following Declaration:
The Turkish Government proposes to take immediately into its service, for such period as it may consider necessary, not being less than five years, a number of European legal counsellors whom it will select from a list prepared by the Permanent Court of International Justice of The Hague from among jurists nationals of countries which did not take part in the war of 1914-1918, and who will be engaged as Turkish officials.
These legal counsellors will serve under the Minister of Justice; some will be posted in the city of Constantinople and others in the city of Smyrna. They will take part in the work of the legislative commissions. It will be their duty to observe, without interfering in the performance by the magistrates of their duties, the working of the Turkish civil, commercial and criminal courts, and to forward to the Minister of Justice such reports as they may consider necessary; they will be authorized to receive all complaints to which the administration of justice in civil, commercial or criminal matters, the execution of sentences, or the manner of application of the law may give rise, with a view to bringing such complaints to the notice of the Minister of Justice in order to ensure the strict observance of the provisions of Turkish law.
Similarly, they will be authorized to receive such complaints as may be caused by domiciliary visits, perquisitions orarrests; moreover, these measures shall, in the judicial districts of Constantinople and of Smyrna, be brought, immediately after their execution, to the notice of the legal counsellor by the local representative of the Minister of Justice; this official shall in such cases be authorized to correspond direct with the legal counsellor.
In cases of minor offences release on bail shall always be ordered unless this entails danger to public safety or unless such provisional release is calculated to impede the investigation of the case.
In civil or commercial matters all references to arbitration and c!auses in agreements providing therefor are allowed, and the arbitral decisions rendered in pursuance thereof shall be executed on being signed by the President of the Court of First Instance, who shall not refuse his signature unless the decision should be contrary to public order.
The present Declaration shall remain in force for a period of five years.
Done at Lausanne, the 24th July, 1923.
PROTOCOL GRANTED IN THE OTTOMAN EMPIRE
THE BRITISH EMPIRE, FRANCE, ITALY, GREECE, ROUMANIA, THE SERB-CROAT-SLOVENE STATE AND TURKEY, being desirous of settling by agreement questions relating to certain concessions granted in the Ottoman Empire.
The Undersigned, duly authorised, agree as follows:
Concessionary contracts and subsequent agreements relating thereto, duly entered into before the 29th October, 1914, between the Ottoman Government or any local authority, on the one hand, and nationals (including Companies) of the Contracting Powers, other than Turkey, on the other hand, are maintained.
(i.) On the request of the Turkish Government, the operations contemplated in the agreements entered into between the Ottoman Government and Sir W. G. Armstrong, Whitworth and Company, Limited, and Vickers, Limited, during the years 1913 and 1914, relating to the constitution and the concession of the Société Impériale Ottomane Coïntéressée des Docks, Arsenaux et Constructions Navales will be suspended.
Negotiations shall be entered into between the two parties with a view to the modification of the provisions of these agreements or the grant of a new concession for an undertaking of equal importance.
If, within six months from the coming into force of the Treaty of Peace signed this day, an agreement shall not have been come to between the Turkish Government and the said companies, either for the modification of the provisions of the said agreements or for the grant of a new concession, the companies mentioned above shall have the right to submit to experts, appointed in accordance with the provisions of Article 5, the settlement of the conditions of the new concession to be granted as compensation for the cancellation of the old agreements.
It is nevertheless understood that, if the conditions settled by the experts for the new concession are not acceptable to one or other of the parties, the Turkish Goverment undertakes to pay to the said companies such indemnity for the loss actually suffered for the cancellation of their old concession as the experts determine to be equitable.
(ii.) If, within six months from the coming into force of the Treaty of Peace signed this day, the Regie Generale des Chemins de Fer shall not, for any reason, have been restored to the possession of the concession which was given to it in 1914 for the construction and exploitation of the Samsun-Sivas Railway, the Turkish Government undertakes to grant to this company, at its request, a new concession by way of compensation. In default of agreement as to the equivalence of this compensation, the extent and conditions of exploitation of this new concession necessary to give compensation will be determined by experts appointed in accordance with Article 5.
It is understood that, if the Régie Générale is restored to the possession of the Samsun-Sivas Concession, it will be re-adapted in accordance with the procedure for settlement by experts provided for by Article 5. In case of compensation by a new concession due regard will also be had to the power of re-adaptation.
If the conditions of the new concession, as determined by the experts, are not acceptable to one or other of the parties, the Turkish Government undertakes to pay to the company such indemnity as the experts determine to be equitable for the loss actually suffered from the cancellation of the concession for the Samsun-Sivas Railway and for the expenses to which the company has been put for the survey and investigation work on the spot in respect of the other sections of the Black Sea Railway system.
Turkey will be entirely freed from all liability to the company either by the restoration of the company to possession of the Samsun-Sivas Concession, or by the grant of the new concession, or, lastly, by the payment of an indemnity in accordance with the provisions set out above.
The amount due, after settlement of accounts, to the State or to beneficiaries under contracts and agreements referred to in Articles 1 and 2, in respect of the use by the State, on the territory which it now possesses, of the property or the services of the said beneficiaries shall be paid in accordance with existing contracts or agreements or, in default of contracts or agreements, in accordance with the procedure of settlement by experts provided for by the present Protocol.
Subject to the provisions of Article 6, the provisions of the contracts and subsequent agreements referred to in Article 1 shall, by agreement, and as regards both parties, be put into conformity with the new economic conditions.
In the absence of agreement within one year from the coming into force of the Treaty of Peace signed this day, the parties will adopt the provisions regarding both the settlement of accounts and the re-adaptation of concessions, which are considered suitable and equitable by two experts, to be nominated by the parties within two months from the expiration of the period of one year mentioned above. In case of disagreement, these experts will refer the question to a third expert selected within two months by the Turkish Government from a list of three persons, nationals of countries not having participated in the war of 1914-1918, prepared by the head of the Swiss Federal Department of Public Works
Beneficiaries under concessionary contracts referred to in Article 1, which have not, on the date of this Protocol, begun to be put into operation, cannot avail themselves of the provisions of this Protocol relating to re-adaptation. These contracts may be dissolved on the request of the concessionnaire made within six months from the coming into force of the Treaty of Peace signed this day. In such case the concessionnaire will be entitled, if there is ground for it, to such indemnity in respect of the survey and investigation work as, in default of agreement between the parties, shall be considered equitable by the experts provided for in this Protocol.
Agreements entered into between the 30th October, 1918, and the 1st November, 1922, between the Ottoman Government, and beneficiaries under contracts and concessions referred to in Article 1, as well as contracts between individuals involving the transfer of a concession entered into during this period, shall remain in force until they have received the approval of the Turkish Government. If this approval should not be granted, compensation shall, if there is ground for it, be paid to the concessionnaires in respect of the loss actually suffered, the amount being fixed by experts appointed as provided in Article 5. This provision shall not prejudice, as regards contracts previous to the 24th October, 1914, the right of readaptation provided for by this Protocol.
The provisions of this Protocol do not apply to agreements entered into since the 2sth April, 1920, between the Government of the Grand National Assembly of Turkey and concessionnaires.
In territories detached from Turkey under the Treaty of Peace signed this day, the State which acquires the territory is fully subrogated as regards the rights and obligations of Turkey towards the nationals of the other Contracting Powers, and companies in which the capital of the nationals of the said Powers is preponderant, who are beneficiaries under concessionary contracts entered into before the 2gth October, 1914, with the Ottoman Government or any local Ottoman authority. The same provision will apply in territories detached from Turkey after the Balkan Wars so far as regards concessionary contracts entered into with the Ottoman Government or any Ottoman local authority before the coming into force of the Treaty providing for the transfer of the territory. This subrogation will have effect as from the coming into force of the treaty by which the transfer of territory was effected except as regards territories detached by the Treaty of Peace signed this day, in respect of which the subrogation will have effect as from the 30th October, 1918.
The provisions of Section I of this Protocol, except Articles 7 and 8, will be applied to the contracts referred to in Article 9. Article 3 will only have effect in detached territories where the property or the services of the concessionnaires were utilised by the State exercising authority in such territory.
Any company formed in accordance with Ottoman law and carrying on its business in territory detached from Turkey, either after the Balkan Wars or under the Treaty of Peace signed this day, in which the interests of nationals of the Contracting Powers other than Turkey are preponderant, will have, within five years from the coming into force of the said Treaty, the right to transfer its property, rights and interest to any other company formed in accordance with the law, either of the State exercising authority on the territory in question, or of one of the Contracting Powers other than Turkey whose nationals control the first-named com- pany. The company to which the property, rights and interests shall have been transferred will be entitled to the same rights and privileges as those to which the first named company was entitled, including those conferred upon it by the provisions of this Protocol. Article 12
The provisions of Article 11 do not apply to companies holding concessions for public utility services, part of the exploitation of which remains in Turkish territory.
Nevertheless such companies will be entitled to the benefit of the provisions of Articles 11 and 13 as regards those parts of their undertaking which are exploited outside Turkey, and to transfer such parts to a new company.
Companies to which, in accordance with Article 11, property rights and interests of Ottoman companies shall have been transferred will not be subjected in territories detached from Turkey to any special tax on account of such transfer or on account of their formation with a view to this transfer, except in so far as this provision may be inconsistent with international conventions in force. The same provision shall apply in the territory of the contracting Power, the nationality of which is taken by such companies, unless this Power raises objection to such exemption on account of its own legislation.
Done at Lausanne, the 24th July, 1923.
The Undersigned, duly authorised, declare that the Turkish Government undertakes to apply the provisions of Section I of the Protocol of to-day's date with respect to certain concessions granted in the Ottoman Empire, to Ottoman companies in which on the 1st August, 1914, the capital of nationals of the other Powers party to that Protocol was preponderant.
Done at Lausanne, the 24th July, 1923.
Ed. Note -A number of other instruments were drawn up and signed at the same time, but are not included in this volume. They can be found in Treaty Series, No. l6 (1923), Cmd. 1929, which is published by the British Government, and from which the foregoing texts of the Treaty of Peace with Turkey, and the Straits Convention, and the other instruments signed at Lausanne were taken. They are: I. Convention respecting the Thracian Frontiers, signed the 24th July, 1923.
II. Convention respecting Conditions of Residence and Business and Jurisdiction, signed the 24th July, 1923.
III. Commercial Convention, signed the 24th July, 1923.
IV. Graeco-Turkish Agreement on the Restitution of Interned Civilians and the Exchange of Prisoners of War, signed the 30th January, 1923.
V. Amnesty Declaration, and Protocol, signed the 24th July, 1923.
Vl. Declaration relating to Moslem Properties, in Greece, signed the 24th July, 1923.
VII. Declaration relating to Sanitary Matters, signed the 24th July, 1923.
VIII. Protocol relating to the accession of Belgium and Portugal to certain provisions of Instruments signed at Lausanne, and Declarations of these two Powers concerning such accession, signed the 24th July, 1923.
IX. Protocol relating to the Evacuation of the Turkish territory occupied by the British, French and Italian Forces, and Declaration, signed the 24th July, 1923.
X. Protocol relating to the Karagatch territory and to the islands of Imbros and Tenedos, signed by the British Empire, France, Italy, Japan, Greece and Turkey on the 24th July, 1923.
XI. Protocol, signed on the 24th July, 1923, relating to the Treaty, concluded at Sevres between the Principal Allied Powers and Greece on the l0th August, 1920, concerning the Protection of Minorities in Greece, and to the Treaty relating to Thrace concluded on the same day between the same Powers.
XII. Protocol relating to signature by the Serb-Croat-Slovene State, signed the
24th July, 1923.