767.68119 P/22

The Special Mission at Lausanne to the Secretary of State

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

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)

—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.
—Animated by this spirit, the Turkish Delegation desires to make the following declaration.
—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.
—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.
—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.
—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.

  1. Rumbold formula not printed.
  2. Telegram no. 14, Feb. 8, from the Minister in Switzerland, p. 968.