Treaty of Sèvres

Front matter

hy:Սևրի պայմանագիր

Preamble

Treaty of Peace between the Allied Powers and Turkey

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 CZECHOSLOVAKIA, these Powers constituting with the Principal Powers mentioned above the Allied Powers, of the one part;

And TURKEY of the other part;

WHEREAS on the request of the Imperial Ottoman Government an Armistice was granted to Turkey on 30 October 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 28 July 1914, by the former Imperial and Royal Austro-Hungarian Government, and in the hostilities opened by Turkey against the Allied Powers on 29 October 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:

And for the Dominion of Canada, by:

for the Commonwealth of Australia, by:

for the Dominion of New Zealand, by:

for the Union of South Africa, by:

for India, by:

Mr Rolin Jaequemyns, Member of the Institute of Private International Law, Secretary-General of the Belgian Delegation;

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 this Treaty, official relations will exist between the Allied and Associated Powers and Turkey.

Part II. Frontiers of Turkey

Part II—Frontiers of Turkey

Article 27

I

In Europe, the frontiers of Turkey will be laid down as follows:

1. The Black Sea

from the entrance of the Bosphorus to the point described below.

2. With Greece

From a point to be chosen on the Black Sea near the mouth of the Biyuk Dere, situated about 7 kilometres north-west of Podima, south-westwards to the most north-westerly point of the limit of the basin of the Istranja Dere (about 8 kilometres northwest of Istranja): a line to be fixed on the ground passing through Kapilja Dagh and Uchbunar Tepe;

thence south-south-eastwards to a point to be chosen on the railway from Chorlu to Chatalja about 1 kilometre west of the railway station of Sinekli: a line following as far as possible the western limit of the basin of the Istranja Dere;

thence south-eastwards to a point to be chosen between Fener and Kurfali on the watershed between the basins of those rivers which flow into Biyuk Chekmeje Geul, on the north-east, and the basin of those rivers which flow direct into the Sea of Marmora on the south-west: a line to be fixed on the ground passing south of Sinekli;

thence south-eastwards to a point to be chosen on the Sea of Marmora about 1 kilometre south-west of Kalikratia: a line following as far as possible this watershed.

3. The Sea of Marmora

from the point defined above to the entrance of the Bosphorus.

II

In Asia, the frontiers of Turkey will be laid down as follows:

1. On the West and South

From the entrance of the Bosphorus into the Sea of Marmora to a point described below, situated in the eastern Mediterranean Sea in the neighbourhood of the Gulf of Alexandretta near Karatash Burun: the Sea of Marmora, the Dardanelles, and the Eastern Mediterranean Sea;

the islands of the Sea of Marmora, and those which are situated within a distance of 3 miles from the coast, remaining Turkish, subject to the provisions of Section IV and Articles 84 and 122, Part III (Political Clauses).

2. With Syria

From a point to be chosen on the eastern bank of the outlet of the Hassan Dede, about 3 kilometres north-west of Karatash Bu-run, north-eastwards to a point to be chosen on the Djaihun Irmak about 1 kilometre north of Babeli: a line to be fixed on the ground passing north of Karatash;

thence to Kesik Kale: the course of the Djaihun Irmak upstream;

thence north-eastwards to a point to be chosen on the Djaihun Irmak about 15 kilometres east-southeast of Karsbazar: a line to be fixed on the ground passing north of Kara Tepe;

thence to the bend in the Djaihun Irmak situated west of Duldul Dagh: the course of the Djaihun Irmak upstream;

thence in a general south-easterly direction to a point to be chosen on Emir Musi Dagh about 15 kilometres south-south-west of Giaour Geul: a line to be fixed on the ground at a distance of about 18 kilometres from the railway, and leaving Duldul Dagh to Syria;

thence eastwards to a point to be chosen about 5 kilometres north of Urfa: a generally straight line from west to east to be fixed on the ground passing north of the roads connecting the towns of Bagh-che, Aintab, Biridjik, and Urfa and leaving the last three named towns to Syria;

thence eastwards to the south-western extremity of the bend in the Tigris about 6 kilometres north of Azekh (27 kilometres west of Djezire-ibn-Omar): a generally straight line from west to east to be fixed on the ground leaving the town of Mardin to Syria;

thence to a point to be chosen on the Tigris between the point of confluence of the Khabur Su with the Tigris and the bend in the Tigris situated about 10 kilometres north of this point: the course of the Tigris downstream, leaving the island on which is situated the town of Djezire-ibn-Omar to Syria.

3. With Mesopotamia

Thence in a general easterly direction to a point to be chosen on the northern boundary of the vilayet of Mosul: a line to be fixed on the ground;

thence eastwards to the point where it meets the frontier between Turkey and Persia: the northern boundary of the vilayet of Mosul, modified, however, so as to pass south of Amadia.

4. On the East and the North East

From the point above defined to the Black Sea, the existing frontier between Turkey and Persia, then the former frontier between Turkey and Russia, subject to the provisions of Article 89.

5. The Black Sea.

Article 28

The frontiers described by the present Treaty are traced on the one in a million maps attached to the present Treaty. In case of differences between the text and the map, the text will prevail.

Article 29

Boundary Commissions, whose composition is or will be fixed in the present Treaty or in Treaties supplementary thereto, will have to trace these frontiers on the ground.

They shall have the power, not only of fixing those portions which are defined as "a line to be fixed on the ground," but also, if the Commission considers it necessary, of revising in matters of detail portions defined by administrative boundaries or otherwise. They shall endeavour in all cases to follow as nearly as possible the descriptions given in the Treaties, taking into account, as far as possible, administrative boundaries and local economic interests.

The decisions of the Commissions will be taken by a majority, and shall be binding on the parties concerned.

The expenses of the Boundary Commissions will be borne in equal shares by the parties concerned.

Article 30

In so far as frontiers defined by a waterway are concerned, the phrases "course" or "channel" used in the descriptions of the present Treaty signify, as regards non-navigable rivers, the median line of the waterway or of its principal branch, and, as regards navigable rivers, the median line of the principal channel of navigation. It will rest with the Boundary Commissions provided for by the present Treaty to specify whether the frontier line shall follow any changes of the course or channel which may take place, or whether it shall be definitely fixed by the position of the course or channel at the time when the present Treaty comes into force.

In the absence of provisions to the contrary in the present Treaty, islands and islets lying within three miles of the coast are included within the frontier of the coastal State.

Article 31

The various States concerned undertake to furnish to the Commissions all documents necessary for their tasks, especially authentic copies of agreements fixing existing or old frontiers, all large scale maps in existence, geodetic data, surveys completed but unpublished, and information concerning the changes of frontier watercourses. The maps, geodetic data, and surveys, even if unpublished, which are in the possession of the Turkish authorities must be delivered at Constantinople, within thirty days from the coming into force of the present Treaty, to such representative of the Commissions concerned as may be appointed by the principal Allied Powers.

The States concerned also undertake to instruct the local authorities to communicate to the Commissions all documents, especially plans, cadastral and land books, and to furnish on demand all details regarding property, existing economic conditions, and other necessary information.

Article 32

The various States interested undertake to give every assistance to the Boundary Commissions, whether directly or through local authorities, in everything that concerns transport, accommodation, labour, materials (sign-posts, boundary pillars) necessary for the accomplishment of their mission.

In particular the Turkish Government undertakes to furnish to the Principal Allied Powers such technical personnel as they may consider necessary to assist the Boundary Commissions in the accomplishment of their mission.

Article 33

The various States interested undertake to safeguard the trigonometrical points, signals, posts or frontier marks erected by the Commissions.

Article 34

The pillars will be placed so as to be intervisible; they will be numbered, and their position and their number will be noted on a cartographic document.

Article 35

The protocols defining the boundary and the maps and documents attached thereto will be made out in triplicate, of which two copies will be forwarded to the Governments of the limitrophe States, and the third to the Government of the French Republic, which will deliver authentic copies to the Powers who sign the present Treaty.

Part III. Political clauses

Part III—Political clauses

Section I. Constantinople

Article 36

Subject to the provisions of the present Treaty, the High Contracting Parties agree that the rights and title of the Turkish Government over Constantinople shall not be affected, and that the said Government and His Majesty the Sultan shall be entitled to reside there and to maintain there the capital of the Turkish State.

Nevertheless, in the event of Turkey failing to observe faithfully the provisions of the present Treaty, or of any treaties or conventions supplementary thereto, particularly as regards the protection of the rights of racial, religious or linguistic minorities, the Allied Powers expressly reserve the right to modify the above provisions, and Turkey hereby agrees to accept any dispositions which may be taken in this connection.

Section II. Straits

Article 37

The navigation of the Straits, including the Dardanelles, the Sea of Marmora and the Bosphorus, shall in future be open, both in peace and war, to every vessel of commerce or of war and to military and commercial aircraft, without distinction of flag.

These waters shall not be subject to blockade, nor shall any belligerent right be exercised nor any act of hostility be committed within them, unless in pursuance of a decision of the Council of the League of Nations.

Article 38

The Turkish Government recognises that it is necessary to take further measures to ensure the freedom of navigation provided for in Article 37, and accordingly delegates, so far as it is concerned, to a Commission to be called the "Commission of the Straits," and hereinafter referred to as 'the Commission," the control of the waters specified in Article 39.

The Greek Government, so far as it is concerned, delegates to the Commission the same powers and undertakes to give it in all respects the same facilities.

Such control shall be exercised in the name of the Turkish and Greek Governments respectively, and in the manner provided in this Section.

Article 39

The authority of the Commission will extend to all the waters between the Mediterranean mouth of the Dardanelles and the Black Sea mouth of the Bosphorus, and to the waters within three miles of each of these mouths.

This authority may be exercised on shore to such extent as may be necessary for the execution of the provisions of this Section.

Article 40

The Commission shall be composed of representatives appointed respectively by the United States of America (if and when that Government is willing to participate), the British Empire, France, Italy, Japan, Russia (if and when Russia becomes a member of the League of Nations), Greece, Roumania, and Bulgaria and Turkey (if and when the two latter States become members of the League of Nations). Each Power shall appoint one representative. The representatives of the United States of America, the British Empire, France, Italy, Japan and Russia shall each have two votes. The representatives of Greece, Roumania, and Bulgaria and Turkey shall each have one vote. Each Commissioner shall be removable only by the Government which appointed him.

Article 41

The Commissioners shall enjoy, within the limits specified in Article 39, diplomatic privileges and immunities.

Article 42

The Commission will exercise the powers conferred on it by the present Treaty in complete independence of the local authority. It will have its own flag, its own budget and its separate organisation.

Article 43

Within the limits of its jurisdiction as laid down in Article 39 the Commission will be charged with the following duties:

(a) the execution of any works considered necessary for the improvement of the channels or the approaches to harbours;

(b) the lighting and buoying of the channels;

(c) the control of pilotage and towage;

(d) the control of anchorages;

(f) the control of all matters relating to wrecks and salvage;

(g) the control of lighterage.

Article 44

In the event of the Commission finding that the liberty of passage is being interfered with, it will inform the representatives at Constantinople of the Allied Powers providing the occupying forces provided for in Article 178. These representatives will thereupon concert with the naval and military commanders of the said forces such measures as may be deemed necessary to preserve the freedom of the Straits. Similar action shall be taken by the said representatives in the event of any external action threatening the liberty of passage of the Straits.

Article 45

For the purpose of the acquisition of any property or the execution of any permanent works which may be required, the Commission shall be entitled to raise such loans as it may consider necessary. These loans will be secured, so far as possible, on the dues to be levied on the shipping using the Straits, as provided in Article 53.

Article 46

The functions previously exercised by the Constantinople Superior Council of Health and the Turkish Sanitary Administration which was directed by the said Council, and the functions exercised by the National Life-boat Service of the Bosphorus will within the limits specified in Article 39 be discharged under the control of the Commission and in such manner as it may direct.

The Commission will co-operate in the execution of any common policy adopted by the League of Nations for preventing and combating disease.

Article 47

Subject to the general powers of control conferred upon the Commission, the rights of any persons or companies now holding concessions relating to lighthouses, docks, quays or similar matters shall be maintained; but the Commission shall be entitled if it thinks it necessary in the general interest to buy out or modify such rights upon the conditions laid down in Article 311, Part IX (Economic Clauses) of the present Treaty, or itself to take up a new concession.

Article 48

In order to facilitate the execution of the duties with which it is entrusted by this Section, the Commission shall have power to organise such a force of special police as may be necessary. This force shall be drawn so far as possible from the native population of the zone of the Straits and islands referred to in Article 178, Part V (Military, Naval and Air Clauses), excluding the islands of Lemnos, Imbros, Samothrace, Tenedos and Mitylene. The said force shall be commanded by foreign police officers appointed by the Commission.

Article 49

In the portion of the zone of the Straits, including the islands of the Sea of Marmora, which remains Turkish, and pending the coming into force of the reform of the Turkish judicial system provided for in Article 136, all infringements of the regulations and by-laws made by the Commission, committed by nationals of capitulatory Powers, shall be dealt with by the Consular Courts of the said Powers. The Allied Powers agree to make such infringements justiciable before their Consular Courts or authorities. Infringements committed by Turkish nationals or nationals of non-capitulatory Powers shall be dealt with by the competent Turkish judicial authorities.

In the portion of the said zone placed under Greek sovereignty such infringements will be dealt with by the competent Greek judicial authorities.

Article 50

The officers or members of the crew of any merchant vessel within the limits of the jurisdiction of the Commission who may be arrested on shore for any offence committed either ashore or afloat within the limits of the said jurisdiction shall be brought before the competent judicial authority by the Commission's police. If the accused was arrested otherwise than by the Commission's police he shall immediately be handed over to them.

Article 51

The Commission shall appoint such subordinate officers or officials as may be found indispensable to assist it in carrying out the duties with which it is charged.

Article 52

In all matters relating to the navigation of the waters within the limits of the jurisdiction of the Commission all the ships referred to in Article 37 shall be treated upon a footing of absolute equality.

Article 53

Subject to the provisions of Article 47 the existing rights under which dues and charges can be levied for various purposes, whether direct by the Turkish Government or by international bodies or private companies, on ships or cargoes within the limits of the jurisdiction of the Commission shall be transferred to the Commisssion The Commission shall fix these dues and charges at such amounts only as may be reasonably necessary to cover the cost of the works executed and the services rendered to shipping, including the general costs and expenses of the administration of the Commission, and the salaries and pay provided for in paragraph 3 of the Annex to this Section.

For these purposes only and with the prior consent of the Council of the League of Nations the Commission may also establish dues and charges other than those now existing and fix their amounts.

Article 54

All dues and charges imposed by the Commission shall be levied without any discrimination and on a footing of absolute equality between all vessels, whatever their port of origin, destination or departure, their flag or ownership, or the nationality or ownership of their cargoes.

This disposition does not affect the right of the Commission to fix in accordance with tonnage the dues provided for by this Section.

Article 55

The Turkish and Greek Governments respectively undertake to facilitate the acquisition by the Commission of such land and buildings as the Commission shall consider it necessary to acquire in order to carry out effectively the duties with which it is entrusted.

Article 56

Ships of war in transit through the waters specified in Article 39 shall conform in all respects to the regulations issued by the Commission for the observance of the ordinary rules of navigation and of sanitary requirements.

Article 57

(1) Belligerent warships shall not revictual nor take in stores except so far as may be strictly necessary to enable them to complete the passage of the Straits and to reach the nearest port where they can call, nor shall they replenish or increase their supplies of war material or their armament or complete their crews, within the waters under the control of the Commission. Only such repairs as are absolutely necessary to render them seaworthy shall be carried out, and they shall not add in any manner whatever to their fighting force. The Commission shall decide what repairs are necessary, and these must be carried out with the least possible delay.

(2) The passage of belligerent warships through the waters under the control of the Commission shall be effected with the least possible delay, and without any other interruption than that resulting from the necessities of the service.

(3) The stay of such warships at ports within the jurisdiction of the Commission shall not exceed twenty-four hours except in case of distress. In such case they shall be bound to leave as soon as possible. An interval of at least twenty-four hours shall always elapse between the sailing of a belligerent ship from the waters under the control of the Commission and the departure of a ship belonging to an opposing belligerent.

(4) Any further regulations affecting in time of war the waters under the control of the Commission, and relating in particular to the passage of war material and contraband destined for the enemies of Turkey, or revictualling, taking in stores or carrying out repairs in the said waters, will be laid down by the League of Nations.

Article 58

Prizes shall in all respects be subjected to the same conditions as belligerent vessels of war.

Article 59

No belligerent shall embark or disembark troops, munitions of war or warlike materials in the waters under the control of the Commission, except in case of accidental hindrance of the passage, and in such cases the passage shall be resumed with all possible despatch.

Article 60

Nothing in Articles 57, 58 or 59 shall be deemed to limit the powers of a belligerent or belligerents acting in pursuance of a decision by the Council of the League of Nations.

Article 61

Any differences which may arise between the Powers as to the interpretation or execution of the provisions of this Section, and as regards Constantinople and Haidar Pasha of the provisions of Articles 335 to 344, Part XI (Ports, Waterways, and Railways) shall be referred to the Commission. In the event of the decision of the Commission not being accepted by any Power, the question shall, on the demand of any Power concerned, be settled as provided by the League of Nations, pending whose decision the ruling of the Commission will be carried out.

Annex

1. The Chairmanship of the Commission of the Straits shall be rotatory for the period of two years among the members of the Commission entitled to two votes.

The Commission shall take decisions by a majority vote and the Chairman shall have a casting vote. Abstention shall be regarded as a vote against the proposal under discussion.

Each of the Commissioners will have the right to designate a deputy Commissioner to replace him in his absence.

2. The salary of each member of the Commission will be paid by the Government which appointed him; these salaries will be fixed at reasonable amounts agreed upon from time to time between the Governments represented on the Commission.

3. The salaries of the police officers referred to in Article 48, of such other officials and officers as may be appointed under Article 51, and the pay of the local police referred to in Article 48, shall be paid out of the receipts from the dues and charges levied on shipping.

The Commission shall frame regulations as to the terms and conditions of employment of all officers and officials appointed.

4. The Commission shall have at its disposal such vessels as may be necessary to enable it to carry out its functions as laid down in this Section and Annex.

5. In order to carry out all the duties with which it is charged by the provisions of this Section and Annex and within the limits therein laid down the Commission will have the power to prepare, issue and enforce the necessary regulations; this power will include the right of amending so far as may be necessary or repealing the existing regulations.

6. The Commission shall frame regulations as to the manner in which the accounts of all revenues and expenditure of the funds under its control shall be kept, the auditing of such accounts and the publication every year of a full and accurate report thereof.

Section III. Kurdistan

Article 62

A Commission sitting at Constantinople and composed of three members appointed by the British, French and Italian Governments respectively shall draft within six months from the coming into force of the present Treaty a scheme of local autonomy for the predominantly Kurdish areas lying east of the Euphrates, south of the southern boundary of Armenia as it may be hereafter determined, and north of the frontier of Turkey with Syria and Mesopotamia, as defined in Article 27.II(2) and (3). If unanimity cannot be secured on any question, it will be referred by the members of the Commission to their respective Governments. The scheme shall contain full safeguards for the protection of the Assyro-Chaldeans and other racial or religious minorities within these areas, and with this object a Commission composed of British, French, Italian, Persian and Kurdish representatives shall visit the spot to examine and decide what rectifications, if any, should be made in the Turkish frontier where, under the provisions of the present Treaty, that frontier coincides with that of Persia.

Article 63

The Turkish Government hereby agrees to accept and execute the decisions of both the Commissions mentioned in Article 62 within three months from their communication to the said Government.

Article 64

If within one year from the coming into force of the present Treaty the Kurdish peoples within the areas defined in Article 62 shall address themselves to the Council of the League of Nations in such a manner as to show that a majority of the population of these areas desires independence from Turkey, and if the Council then considers that these peoples are capable of such independence and recommends that it should be granted to them, Turkey hereby agrees to execute such a recommendation, and to renounce all rights and title over these areas.

The detailed provisions for such renunciation will form the subject of a separate agreement between the Principal Allied Powers and Turkey.

If and when such renunciation takes place, no objection will be raised by the Principal Allied Powers to the voluntary adhesion to such an independent Kurdish State of the Kurds inhabiting that part of Kurdistan which has hitherto been included in the Mosul vilayet.

Section IV. Smyrna

Article 65

The provisions of this Section will apply to the city of Smyrna and the adjacent territory defined in Article 66, until the determination of their final status in accordance with Article 83.

Article 66

The geographical limits of the territory adjacent to the city of Smyrna will be laid down as follows:

From the mouth of the river which flows into the Aegean Sea about 5 kilometres north of Skalanova, eastwards: the course of this river upstream;

then south-eastwards: the course of the southern branch of this river;

then south-eastwards, to the western point of the crest of the Gumush Dagh: a line to be fixed on the ground passing west of Chinar K, and east of Akche Ova;

thence north-eastwards: this crest line;

thence northwards to a point to be chosen on the railway from Ayasoluk to Deirmendik about 1 kilometre west of Balachik station: a line to be fixed on the ground leaving the road and railway from Sokia to Balachik station entirely in Turkish territory;

thence northwards to a point to be chosen on the southern boundary of the sandjak of Smyrna: a line to be fixed on the ground;

thence to a point to be chosen in the neighbourhood of Bos Dagh situated about 15 kilometres north-east of Odemish: the southern and eastern boundary of the sandjak of Smyrna;

thence northwards to a point to be chosen on the railway from Manisa to Alashehr about 6 kilometres west of Salihli: a line to be fixed on the ground;

thence northwards to Geurenez Dagh: a line to be fixed on the ground passing east of Mermer Geul west of Kemer, crossing the Kum Chai approximately south of Akshalan, and then following the watershed west of Kavakalan;

thence north-westwards to a point to be chosen on the boundary between the cazas of Kirkagach and Ak Hissar about 18 kilometres east of Kirkagach and 20 kilometres north of Ak Hissar: a line to be fixed on the ground;

thence westwards to its junction with the boundary of the caza of Soma: the southern boundary of the caza of Kirkagach;

thence westwards to its junction with the boundary of the sandjak of Smyrna: the southern boundary of the caza of Soma;

thence northwards to its junction with the boundary of the vilayet of Smyrna: the north-eastern boundary of the sandjak of Smyrna;

thence westwards to a point to be chosen in the neighbourhood of Charpajik (Tepe): the northern boundary of the vilayet of Smyrna;

thence northwards to a point to be chosen on the ground about 4 kilometres southwest of Keuiluje: a line to be fixed on the ground;

thence westwards to a point to be selected on the ground between Cape Dahlina and Kemer Iskele: a line to be fixed on the ground passing south of Kemer and Kemer Iskele together with the road joining these places.

Article 67

A Commission shall be constituted within fifteen days from the coming into force of the present Treaty to trace on the spot the boundaries of the territories described in Article 66. This Commission shall be composed of three members nominated by the British, French and Italian Governments respectively, one member nominated by the Greek Government, and one nominated by the Turkish Government.