767.68119P/46: Telegram

The Special Mission at Lausanne to the Secretary of State


390. Our 384 yesterday. After I had learned of the formula for the judicial declaration which Ismet and the Allies had provisionally accepted, I sought an interview with Ismet as soon as possible, and, referring to previous conversations between us on the subject, I once more strongly urged the importance to Turkey of creating confidence in America and other countries regarding judicial safeguards. Besides the provisions which the Allies have made every effort to place in the declaration, and which we have discussed repeatedly, I elaborated and stressed two additional points, which if included in the declaration would not at all infringe upon Turkish sovereignty but would tend to create the confidence desired and which are accepted generally in national and international practice. These points are as follows:

Requirement that warrants be issued before arrests, domiciliary visits or searches, except when there is “flagrant délit”.
The right of consuls to have access to their nationals in prison.

[Page 1014]

In reply Ismet said that Turkish law fully recognized the first of these principles and that by customary procedure the second was allowed. It is not likely that Ismet can be induced to have these points included in the general declaration, but later we possibly can persuade him to put these assurances in a letter to us. Probably this would be hard to obtain unless we are ready to make it an absolute requirement of signature and it is doubtful whether insistence would be justified by the advantage to be gained.

I am repeating this telegram to Constantinople.