767.68119 P/22
The Special Mission at
Lausanne to the Secretary of
State
Lausanne, April 30,
1923.
[Received May 10.]
No. 2–A
Sir: I have the honor to transmit herewith
a copy and translation of the text of the so-called Montagna
formula, together with a copy and translation of the new draft
declaration which this Mission is informed will be presented by Sir
Horace Rumbold at an early meeting of his Committee,7 when the
Judicial Capitulations will be
[Page 995]
discussed. The Department has already been
informed by telegram8 of the variations between the original
draft declaration, presented with the treaty in February last and
the Montagna draft.
I have [etc.]
F. L. Belin
Secretary General
[Enclosure—Translation]
Judicial Safeguards for Foreigners in
Turkey
counterdraft submitted by
ismet pasha to lord curzon on sunday february 4, 1923
(m. montagna’s insertions in
parentheses)
- 1.
- —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 all the safeguards
of a good administration of law in the Turkish courts and to
provide therefor in the full exercise of its sovereignty and
without any foreign intervention. It is nevertheless
disposed to have an investigation made and to examine the
situation with a view to the introduction of such reforms as
would be justified by the development of moral principles
and civilization.
- 2.
- —Animated by this spirit, the Turkish Delegation desires
to make the following declaration.
- 3.
- —The Turkish Government proposes to take immediately into
its service, for such period as it may consider necessary
and which will not be less than five years, European Legal
counselors, who shall be selected by
it (from a list drawn up by
the Permanent Court of International Justice of The Hague)
among the jurists citizens of countries not having
participated in the war of 1914–18, and who will be (engaged
as) Turkish functionaries.
- 4.
- —These legal counselors will be attached to the Ministry
of Justice where they will participate in the labors of the
Commissions on legislative reforms and it will be their
special duty to follow in the cities of Constantinople and
Smyrna, the functioning of civil, commercial and penal
Turkish jurisdiction and to receive all complaints which may
arise either from the administration of civil, commercial or
penal justice, or the execution of penalties or the
application of laws (as well as domiciliary visits, searches
or arrests) with the duty to report to the Ministry of
Justice with a view to assure the strict observance of
Turkish legislation.
- 5.
- —In cases of misdemeanor, release on bail shall always be
ordered, unless public security is thereby compromised or
the temporary release interferes with the course of the
investigation of the case.
- 6.
- —In civil or commercial matters all agreements and
compromises are permitted and the arbitral decisions thus
rendered shall be carried out on the approval of the
President of the Tribunal of First Instance who cannot
refuse his approval, except when the decision would be
contrary to public order.
This declaration is valid for a period of five years.
