I.
Armenian Question in a Historical Context
1. Treaty of Sevres
(Articles Regarding Armenia, Protection of Minorities and
Punishment of the War Criminals)
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PART VI.
ARMENIA
ARTICLE 88.
Turkey, in accordance with the action already taken by the Allied Powers,
hereby recognises Armenia as a free and independent State.
ARTICLE 89.
Turkey and Armenia as well as the other High Contracting Parties agree to
submit to the arbitration of the President of the United States of America
the question of the frontier to be fixed between Turkey and Armenia in the
vilayets of Erzerum, Trebizond, Van and Bitlis, and to accept his decision
thereupon, as well as any stipulations he may prescribe as to access for
Armenia to the sea, and as to the demilitarisation of any portion of Turkish
territory adjacent to the said frontier.
ARTICLE 90.
In the event of the determination of the frontier under Article 89 involving
the transfer of the whole or any part of the territory of the said Vilayets
to Armenia, Turkey hereby renounces as from the date of such decision all
rights and title over the territory so transferred. The provisions of the
present Treaty applicable to territory detached from Turkey shall thereupon
become applicable to the said territory.
The proportion and nature of the financial obligations of Turkey which
Armenia will have to assume, or of the rights which will pass to her, on
account of the transfer of the said territory will be determined in
accordance with Articles 241 to 244, Part VIII (Financial Clauses) of
the present Treaty.
Subsequent agreements will, if necessary, decide all questions which are not
decided by the present Treaty and which may arise in consequence of the
transfer of the said territory.
ARTICLE 91.
In the event of any portion of the territory referred to in Article 89 being
transferred to Armenia, a Boundary Commission, whose composition will be
determined subsequently, will be constituted within three months from the
delivery of the decision referred to in the said Article to trace on the
spot the frontier between Armenia and Turkey as established by such
decision.
ARTICLE 92.
The frontiers between Armenia and Azerbaijan and Georgia respectively will
be determined by direct agreement between the States concerned.
If in either case the States concerned have failed to determine the frontier
by agreement at the date of the decision referred to in Article 89, the
frontier line in question will be determined by the Pricipal Allied Powers,
who will also provide for its being traced on the spot.
ARTICLE 93.
Armenia accepts and agrees to embody in a Treaty with the Principal Allied
Powers such provisions as may be deemed necessary by these Powers to protect
the interests of inhabitants of that State who differ from the majority of
the population in race, language, or
religion.
Armenia further accepts and agrees to embody in a Treaty with the Principal
Allied Powers such provisions as these Powers may deem necessary to protect
freedom of transit and equitable treatment for the commerce of other
nations.
PART IV.
PROTECTION OF MINORITIES.
ARTICLE 140.
Turkey undertakes that the stipulations contained in Articles 141, 145 and
147 shall be recognised as fundamental laws, and that no civil or military
law or regulation, no Imperial Iradeh nor official action shall conflict or
interfere with these stipulations, nor shall any
law, regulation, Imperial Iradeh nor official action prevail over them.
ARTICLE 141.
Turkey undertakes to assure full and complete protection of life and liberty
to all inhabitants of Turkey without distinction of birth, nationality,
language, race or religion. All inhabitants of Turkey shall be entitled to
the free exercise, whether public or private, of
any creed, religion or belief.
The penalties for any interference with the free exercise of the right
referred to in the preceding paragraph shall be the same whatever may be the
creed concerned.
ARTICLE 142.
Whereas, in view of the terrorist regime which has existed in Turkey since
November 1, 1914, conversions to Islam could not take place under normal
conditions, no conversions since that date are recognised and all persons
who were non-Moslems before November 1, 1914, will be considered as still
remaining such, unless, after regaining their liberty, they voluntarily
perform the necessary formalities for embracing the Islamic faith.
In order to repair so far as possible the wrongs inflicted on individuals in
the course of the massacres perpetrated in Turkey during the war, the
Turkish Government undertakes to afford all the assistance in its power or
in that of the Turkish authorities in the search for and deliverance of all
persons, of whatever race or religion, who have disappeared, been carried
off, interned or placed in captivity since November 1, 1914.
The Turkish Government undertakes to facilitate the operations of mixed
commissions appointed by the Council of the League of Nations to receive the
complaints of the victims themselves, their families or their relations, to
make the necessary enquiries, and to order the
liberation of the persons in question.
The Turkish Government undertakes to ensure the execution of the decisions
of these commissions, and to assure the security and the liberty of the
persons thus restored to the full enjoyment of their rights.
ARTICLE 143.
Turkey undertakes to recognise such provisions as the Allied Powers may
consider opportune with respect to the reciprocal and voluntary emigration
of persons belonging to racial minorities.
Turkey renounces any right to avail herself of the provisions of Article I6
of the Convention between Greece and Bulgaria relating to reciprocal
emigration, signed at Neuilly-sur-Seine on November 27, 19l9. Within six
months from the coming into force of the present Treaty, Greece and Turkey
will enter into a special arrangement relating to the reciprocal and
voluntary emigration of the populations of Turkish and Greek race in the
territories transferred to Greece and remaining Turkish respectively.
In case agreement cannot be reached as to such arrangement, Greece and
Turkey will be entitled to apply to the Council of the League of Nations,
which will fix the terms of such arrangement.
ARTICLE 144.
The Turkish Government recognises the injustice of the law of 1915 relating
to Abandoned Properties (Emval-i-Metroukeh), and of the supplementary
provisions thereof, and declares them to be null and void, in the past as in
the future.
The Turkish Government solemnly undertakes to facilitate to the greatest
possible extent the return to their homes and re-establishment in their
businesses of the Turkish subjects of non-Turkish race who have been
forcibly driven from their homes by fear of massacre or any other form of
pressure since January 1, 1914. It recognises that any immovable or movable
property of the said Turkish subjects or of the communities to which they
belong, which can be recovered, must be restored to them as soon as
possible, in whatever hands it may be found. Such property shall be restored
free of all charges or servitudes with which it may have been burdened and
without compensation of any kind to the present owners or occupiers, subject
to any action which they may be able to bring against the persons from whom
they derived title.
The Turkish Government agrees that arbitral commissions shall be appointed
by the Council of the League of Nations wherever found necessary. These
commissions shall each be composed of one representative of the Turkish
Government, one representative of the community which claims that it or one
of its members has been injured, and a chairman appointed by the Council of
the League of Nations. These arbitral commissions shall hear all claims
covered by this Article and decide them by summary procedure.
The arbitral commissions will have power to order:
(1) The provision by the Turkish Government of labour for any work of
reconstruction or restoration deemed necessary. This labour shall be
recruited from the races inhabiting the territory where the arbitral
commission considers the execution of the said works to be necessary
(2) The removal of any person who, after enquiry, shall be recognised as
having taken an active part in massacres or deportations or as having
provoked them; the measures to be taken with regard to such person's
possessions will be indicated by the commission;
(3) The disposal of property belonging to members of a community who have
died or disappeared since January 1, 1914, without leaving heirs; such
property may be handed over to the community instead of to the State
(4) The cancellation of all acts of sale or any acts creating rights over
immovable property concluded after January 1, I914. The indemnification of
the holders will be a charge upon the Turkish Government, but must not serve
as a pretext for delaying the restitution. The arbitral commission will,
however have the power to impose equitable arrangements between the
interested parties, if any sum has been paid by the present holder of such
property.
The Turkish Government undertakes to facilitate in the fullest possible
measure the work of the commissions and to ensure the execution of their
decisions, which will be final. No decision of the Turkish judicial or
administrative authorities shall prevail over such decisions.
ARTICLE 145.
All Turkish nationals shall be equal before the law and shall enjoy the same
civil and political rights without distinction as to race, language or
religion.
Difference of religion, creed or confession shall not prejudice any Turkish
national in matters relating to the enjoyment of civil or political rights,
as for instance admission to public employments, functions and honours, or
the exercise of professions and industries.
Within a period of two years from the coming into force of the present
Treaty the Turkish Government will submit to the Allied Powers a scheme for
the organisation of an electoral system based on the principle of
proportional representation of racial minorities.
No restriction shall be imposed on the free use by any Turkish national of
any language in private intercourse, in commerce, religion, in the press or
in publications of any kind, or at public meetings. Adequate facilities
shall be given to Turkish nationals of non-Turkish speech for the use of
their language, either orally or in writing, before the courts.
ARTICLE 146.
The Turkish Government undertakes to recognize the validity of diplomas
granted by recognised foreign universities and schools, and to admit the
holders thereof to the free exercise of the professions and industries for
which such diplomas qualify.
This provision will apply equally to nationals of Allied powers who are
resident in Turkey.
ARTICLE 147.
Turkish nationals who belong to racial, religious or linguistic
minorities shall enjoy the ame treatment and security in law and in fact as
other Turkish nationals. In particular they shall have an equal right to
establish, manage and control at their own expense, and independently of and
without interference by the Turkish authorities, any charitable, religious
and social institutions, schools for primary, secondary and higher
instruction and other educational establishments, with the right to use
their own language and to exercise their own religion freely therein.
ARTICLE 148.
In towns and districts where there is a considerable proportion of Turkish
nationals belonging to racial, linguistic or religious minorities, these
minorities shall be assured an equitable share in the enjoyment and
application of the sums which may be provided out of public funds under the
State, municipal or other budgets for educational or charitable purposes.
The sums in question shall be paid to the qualified representatives of the
communities concerned.
ARTICLE 149.
The Turkish Government undertakes to recognise and respect the
ecclesiastical and scholastic autonomy of all racial minorities in Turkey.
For this purpose, and subject to any provisions to the contrary in the
present Treaty, the Turkish Government confirms and will uphold in their
entirety the prerogatives and immunities of an ecclesiastical, scholastic or
judicial nature granted by the Sultans to non-Moslem races in virtue of
special orders or imperial decrees (firmans, hattis, berats, etc.) as well
as by ministerial orders or orders of the Grand Vizier.
All laws, decrees, regulations and circulars issued by the Turkish
Government and containing abrogations, restrictions or amendments of such
prerogatives and immunities shall be considered to such extent null and
void.
Any modification of the Turkish judical system which may be introduced in
accordance with the provisions of the present Treaty shall be held to
override this Article, in so far as such modification may affect individuals
belonging to racial minorities.
ARTICLE 150.
In towns and districts where there is resident a considerable proportion of
Turkish nationals of the Christian or Jewish religions the Turkish
Government undertakes that such Turkish nationals shall not be compelled to
perform any act which constitutes a violation of their faith or religious
observances, and shall not be placed under any disability by reason of their
refusal to attend courts of law or to perform any legal business on their
weekly day of rest. This provision, however, shall not exempt such Turkish
nationals (Christians or Jews) from such obligations as shall be imposed
upon all other Turkish nationals for the preservation of public order.
ARTICLE 151.
The Principal Allied Powers, in consultation with the Council of the League
of Nations, will decide what measures are necessary to guarantee the
execution of the provisions of this Part. The Turkish Government hereby
accepts all decisions which may be taken on this subject.
PART VII.
PENALTIES.
ARTICLE 226.
The Turkish Government recognises the right of the Allied Powers to bring
before military tribunals persons accused of having committed acts in
violation of the laws and customs of war. Such persons shall, if found
guilty, be sentenced to punishments laid down by law. This
provision will apply notwithstanding any proceedings or prosecution before a
tribunal in Turkey. or in the territory of her allies.
The Turkish Government shall hand over to the Allied Powers or to such one
of them as shall so request all persons accused of having committed an act
in violation of the laws and customs of war, who are specified either by
name or by the rank, office or employment which
they held under the Turkish authorities.
ARTICLE 227.
Persons guilty of criminal acts against the nationals of one of the Allied
Powers shall be brought before the military tribunals of that Power.
Persons guilty of criminal acts against the nationals of more than one of
the Allied Powers shall be brought before military tribunals composed of
members of the military tribunals of the Powers concerned.
In every case the accused shall be entitled to name his own counsel.
ARTICLE 228.
The Turkish Government undertakes to furnish all documents and information
of every kind, the production of which may be considered necessary to ensure
the full knowledge of the incriminating acts, the prosecution of offenders
and the just appreciation of responsibility.
ARTICLE 229.
The provisions of Articles 226 to 228 apply similarly to the Governments of
the States to which territory belonging to the former Turkish Empire has
been or may be assigned, in so far as concerns persons accused of having
committed acts contrary to the laws and customs of war who are in the
territory or at the disposal of such States.
If the persons in question have acquired the nationality of one of the said
States, the Government of such State undertakes to take, at the request of
the Power concerned and in agreement with it, or upon the joint request of
all the Allied Powers, all the measures necessary to ensure the prosecution
and punishment of such persons.
ARTICLE 230.
The Turkish Government undertakes to hand over to the Allied Powers the
persons whose surrender may be required by the latter as being responsible
for the massacres committed during the continuance of the state of war on
territory which formed part of the Turkish Empire on August 1, 1914.
The Allied Powers reserve to themselves the right to designate the tribunal
which shall try the persons so accused, and the Turkish Government
undertakes to recognise such tribunal.
In the event of the League of Nations having created in sufficient time a
tribunal competent to deal with the said massacres, the Allied Powers
reserve to themselves the right to bring the accused persons mentioned above
before such tribunal, and the Turkish Government undertakes equally to
recognise such tribunal.
The provisions of Article 228 apply to the cases dealt with in this Article.
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