Lausanne Peace Treaty
Part V
Miscellaneous Provisions
1.Prisoners of War
Article 119
The High Contracting Parties agree to
repatriate at once the prisoners of war and interned civilians who are still
in their hands.
The exchange of prisoners of war and interned
civilians detained by Greece and Turkey respectively forms the subject of a
separate agreement between those Powers signed at Lausanne on the 30th
January, 1923.
Article 120
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.
Prisoners of war and interned civilians who
are awaiting trial or undergoing sentence for offences other than those
against discipline may be dectained.
Article 121
The High Contracting Parties agree to give
every facility in their respective territories for the search for the missing
and the identification of prisoners of war and interned civilians who have
expressed their desire not to be repatriated.
Article 122
The High Contracting Parties undertake to
restore on the coming into force of the present Treaty all articles, money
securities, documents and personal effects of every description which have
belonged to prisoners of war or interned civilians and which have been
retained.
Article 123
The High Contracting Parties waive
reciprocally all repayments of sums due for the maintenance of prisoners of
war captured by their armies.
2.Graves
Article 124
Without prejudice to the special provisions
of Article 126 of the present Treaty, the High Contracting Parties will cause
to be respected and maintained within the territories under their authority
the cemeteries, graves, ossuaries and memorials of soldiers and sailors who
fell in action or died from wounds, accident or disease since the 29th
October, 1914, as well as of prisoners of war and interned civilians who died
in captivity after that date.
The High Contracting Parties will agree to
accord in their respective territories all necessary facilities to such
Commissions as each Contracting Power may appoint for the purpose of the
identification, registration and maintenance of the said cemeteries, ossuaries
and graves, and the erection of memorials on their sites. Such Commissions
shall not have any military character.
The High Contracting Parties reciprocally
undertake, subject to the provisions of their notional laws and the
requirements of public health, to furnish each other every facility for giving
effect to requests that the bodies of such soldiers and sailors may be
transferred to their own country.
Article 125
The High Contracting Parties further
undertake to furnish each other:
- A complete list of prisoners of war and
interned civilians who have died in captivity, together with all information
tending towards their identification.
- All information as to be number and
position of the graves of all those who have been buried without
identification.
Article 126
The maintenance of the graves, cemeteries,
ossuaries and memorials of Turkish soldiers, sailors and prisoners of war who
may have died on Roumanian territory since the 27th August, 1916,
as well as all other obligations under Articles 124 and 125 regarding interned
civilians, shall form the object of a special arrangement between the
Roumanian and the Turkish Governments.
Article 127
In order to complete the general provisions
included in Articles 124 and 125, the Governments of the British Empire,
France and Italy on the one hand and the Turkish and Greek Governments on the
other agree to the special provisions contained in Articles 128 to 136.
Article 128
The Turkish Government undertakes to grant to
the Governments of the British Empire, France and Italy respectively and in
perpetuity the land within the Turkish territory in which are situated the
graves, cemeteries, ossuaries or memorials of their soldiers and sailors who
fell in action or died of wounds, accident or disease, as well as those of
prisoners of war and interned civilians who died in captivity.
The Turkish Government will also grant to
those Governments the land which the Commissions provided for in Article 130
shall consider necessary for the establishment of cemeteries for the
regrouping of graves, for ossuaries or memorials.
The Turkish Government undertakes further to
give free access to these graves, cemeteries, ossuaries and memorials, and if
need be to authorise the construction of the necessary roads and pathways.
The Greek Government undertakes to fulfil the
game obligations in so far as concerns its territory.
The above provisions shall not affect Turkish
or Greek sovereignty over the land thus granted.
Article 129
The land to be granted by the Turkish
Government will include in particular, as regards the British Empire, the area
in the region known as Anzac (Ari Burnu), which is shown on Map No.3. The
occupation of the above-mentioned area shall be subject to the following
conditions.
- This area shall not be applied to any
purpose other than that laid down in the present Treaty; consequently it
shall not be utilised for any military or commercial object nor for any
other object foreign to the purpose mentioned above;
- The Turkish Government shall, at all times,
have the rights to cause this area, including the cemeteries, to be
inspected;
- The number of civil custodians appointed to
look after the cemeteries shall not exceed one custodian to each cemetery.
There shall not be any special custodians for the parts of the area lying
outside the cemeteries;
- No dwelling houses may be erected in the
area, either inside or outside the cemeteries, except such as are strictly
necessary for the custodians;
- On the sea shore of the area no quay, jetty
or wharfs may be built to facilitate the landing or embarkation of persons
or goods;
- Such formalities as may be required may
only be fulfilled on the coast inside he Straits and access to the area by
the coast on the Aegean Sea shall only be permitted after these formalities
have been fulfilled. The Turkish Government agrees that these formalities,
which shall be as simple as possible, shall not be, without prejudice to the
other stipulation's of this Article, more onerous than those imposed on
other foreigners entering Turkey, and that they should be fulfilled under
conditions tending to avoid all unnecessary delay;
- Persons who desire to visit the area must
not be armed, and the Turkish Government have the right to see to the
enforcement of this strict prohibition;
- The Turkish Government must be informed at
least a week in advance of the arrival of any party of visitors exceeding
150 persons.
Article 130
Each of the British, French and Italian
Governments shall appoint a commission, on which the Turkish and Greek
Governments will appoint a representative, to which will be entrusted the duty
of regulating on the spot questions affecting the graves, cemeteries,
ossuaries and memorials. The duties of these commissions shall extend
particularly to:
- The official recognition of the zones where
burials have or may have already taken place and the registration of
cemeteries, ossuaries, or memorials already existing;
- Fixing the conditions in which, if
necessary, graves may in future be concentrated, and deciding, in
conjunction with the Turkish representative in Turkish territory and the
Greek representative in Greek territory, the sites of the cemeteries,
ossuaries and memorials still to be established, and defining the boundaries
of these sites in such a way as shall restrict the land to be occupied
within the limits indispensable for the purpose;
- Communicating to the Turkish and Greek
Governments in the name of the respective Governments a final plan of their
graves cemeteries, ossuaries and memorials, whether already established or
to be established.
Article 131
The Government in whose favour the grant 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. If this land is situated on
the coast, the shore may not be employed by the concessionary Government for
any military, marine or commercial purpose of whatever nature. The sites of
graves and cemeteries which may no longer be used for that purpose and which
are not used for the erection of memorials shall be returned to the Turkish or
Greek Government.
Article 132
Any necessary legislative or administrative
measures for the grant to the British, French and Italian Governments
respectively of full, exclusive and perpetual use of the land referred to in
Articles 128 to 130 shall be taken by the Turkish Government and Greek
Government respectively within six months of the date of the notification to
be made in accordance with paragraph 3 of Article 130. If any compulsory
acquisition of the land is necessary, it will be effected by and at the cost
of the Turkish Government or the Greek Government, as the case may be.
Article 133
The British, French and Italian Governments
may respectively entrust to such organisations as each of them may deem fit
the establishment, arrangement and maintenance of the graves, cemeteries,
ossuaries and memorials of their nationals. These organisations shall have no
military character. They alone shall have the right to undertake the
exhumation or removal of bodies necessary for the concentration of graves and
establishment of cemeteries and ossuaries, as well as the exhumation and
removal of such bodies as the Governments to whom the grant of land is made
shall deem it necessary to transfer to their own country.
Article 134
The British, French and Italian Governments
shall have the right to entrust the maintenance of their graves, cemeteries,
ossuaries and memorials in Turkey to custodians appointed from among their own
nationals. These custodians shall be recognised by the Turkish authorities and
shall receive from them every assistance necessary for the safeguard and
protection of these graves, cemeteries, ossuaries and memorials. The
custodians shall have no military character but may be armed for their
personal defence with a revolver or automatic pistol.
Article 135
The land referred to in Articles 128 to 131
shall not be subjected by Turkey or the Turkish authorities or the Greek
authorities, as the case may be, to any form of rent or taxation.
Representatives of the British, French or Italian Governments, as well as
persons desirous of visiting the graves, cemeteries, ossuaries and memorials,
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 graves, cemeteries, ossuaries and memorials, and for the irrigation
of the land.
Article 136
The British, French and Italian Governments
undertake to accord to the Turkish Government the benefits of the provisions
contained in Articles 128 and 130 to 135 of the present Treaty for the
establishment of graves, cemeteries, ossuaries and memorials of Turkish
soldiers and sailors existing on the territories under their authority,
including the territories detached from Turkey.
3. General Provisions
Article 137
Subject to any agreements concluded between
the High Contracting Parties, the decisions taken and orders issued since the
30th October, 1918, until the coming into force of the present
Treaty, by or in agreement with the authorities of the Powers who have
occupied Constantinople, and concerning the property, rights and interests of
their nationals, of foreigners or of Turkish nationals, and the relations of
such persons with the authorities of Turkey, shall be regarded as definitive
and shall give rise to no claim against these Powers or their authorities.
All other claims arising from injury suffered
in consequence of any such decisions or orders shall be submitted to the Mixed
Arbitral Tribunal.
Article 138
In judicial matters, the decisions given and
orders issued in Turkey from the 30, October, 1918, until the coming into
force of the present Treaty by all judges, courts or authorities of the Powers
who have occupied Constantinople, or by the Provisional Mixed Judicial
Commission established on the 8th December, 1921, as well as the
measures taken in execution of such decisions or orders, shall be regarded as
definitive, without prejudice, however, to the terms of paragraphs IV and VI
of the Amnesty Declaration dated this day.
Nevertheless, in the event of a claim being
presented by a private person in respect of damage suffered by him in
consequence of a judicial decision in favour of another private person given
in a civil matter by a military or police court, this claim shall be brought
before the Mixed Arbitral Tribunal, which may in a proper case, order the
payment of compensation or even restitution of the property in question.
Article 139
Archives, registers, plans, title-deeds and
other documents of every kind relating to the civil, judicial or financial
administration, or the administration of Wakfs, which are at present in Turkey
and are only of interest to the Government of a territory detached from the
Ottoman Empire, and reciprocally those in a territory detached from the
Ottoman Empire which are only of interest to the Turkish Governments, shall
reciprocally be restored.
Archives, registers, plans, title-deeds and
other documents mentioned above which are considered by the Government in
whose possession they are as being also of interest to itself, may be retained
by that Governments, subject to its furnishing on request photographs or
certified copies to the Government concerned.
Archives, registers, plans, title-deeds and
other documents which have been taken away either from Turkey or from detached
territories shall reciprocally be restored in original, in so far as they
concern exclusively the territories from which they have been taken.
The expense entailed by these operations
shall be paid by the Government applying therefor.
The above stipulation's apply in the same
manner to the registers relating to real estates or Wakfs in the districts of
the former Ottoman Empire transferred to Greece after 1912.
Article 140
Prizes made during the war between Turkey and
the other Contracting Powers prior to the 30th October, 1918, shall
give rise to no claim on either side. The same shall apply to seizures
effected after that date, for violation of the armistice, by the Powers who
have occupied Constantinople.
It is understood take no claim shall be made,
either by the Governments of the Powers who have occupied Constantinople or
their nationals, or by the Turkish Government or its nationals, respecting
small craft of all kinds, vessels of light tonnage, yachts and lighters which
any of the said Governments may, between the 29th October, 1914,
until the 1st January, 1923, have disposed of in their own harbours
or in harbours occupied by them. Nevertheless, this stipulation does not
prejudice the terms of paragraph VI of the Amnesty Declaration dated this day,
nor the claims which private persons may be able to establish against other
private persons in virtue of rights held before the 29th October,
1914.
Vessels under the Turkish flag sized by the
Greek forces after the 30th October, 1918, shall be restored to
Turkey.
In accordance with Article 25 of the present
Treaty, Articles 155, 250 and 440 and Annex III. Part VIII (Reparation) of the
Treaty of Peace of Versailles, dated the 28th June, 1919, the
Turkish Government and its nationals are released from any liability to the
German Government or to its nationals in respect of German vessels which were
the object during the war of a transfer by the German Government or its
nationals to the Ottoman Government or its nationals without the consent of
the Allied Governments, and at present in the possession of the latter.
The same shall apply, if necessary, in the
relations between Turkey and the other Powers which fought on her side.
Article 142
The separate Convention concluded on the 30th
January, 1923, between Greece and Turkey, relating to the exchange of the
Greek and Turkish populations, will have as between, these two High
Contracting Parties the same force and effect as if it formed part of the
present Treaty.
Article 143
The present Treaty shall be ratified as soon
as possible.
The ratification's shall be deposited at
Paris.
The Japonese Government will be entitled
merely to inform the Government of the French Republic through their
diplomatic representative at Paris when their ratification has been given; in
that case, they must transmit the instrument of ratification as soon as
possible.
Each of the Signatory Powers will ratify by
one single instrument the present Treaty and the other instruments signed by
it and mentioned in the Final Act of the Conference of Lausanne, in so far as
these require ratification.
A first proces-verbal of the deposit of
ratification's shall be drawn up as soon a Turkey, on the one hand, and the
British Empire, France, Italy and Japan, or any three of them, on the other
hand, have deposited the instruments of their ratification's.
From the date of this first proces-verbal the
Trea, will come into force between the High Contracting Parties who have thus
ratified it. Thereafter it will come into force for the other Powers at the
date of the deposit of their ratification's.
As between Greece and Turkey, however, the
provisions of Articles 1, 2 (2) and 5-11 inclusive will come into force as
soon as the Greek and Turkish Governments have deposited the instruments of
their ratification's, even if at that time the proces-verbal referred to above
has not net been drawn up.
The French Government will transmit to all
the Signatory Powers a certified copy of the proces-verbaux of the deposit of
ratification's.
In faith whereof the above-mentioned
Plenipotentiaries have signed the present Treaty.
Done at Lausanne, the 24th July,
1923, in a single copy, which will be deposited in the archives of the
Government of the French Republic, which will transmit a certified copy to
each of the Contracting Powers.
(L.S.) Horace Rumbold
(L.S.) Pelle
(L.S.) Garroni
(L.S.) G.C. Montagna
(L.S.) K.Otchiai
(L.S.) E.K. Veniselos
(L.S.) D.Caclamanos
(L.S.) Const. Diamandy
(L.S.) Const. Contzesco
(L.S.) ………………..
(L.S.) M.Ysmet
(L.S.) Dr. Ryza Nour
(L.S.) Hassan
|