[Enclosure
1—Translation]
Declaration Relating to the Administration of
Justice Made by the Turkish Delegation, Lausanne, July 24,
1923
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 before the Turkish Courts all the safeguards
of a good judicial system and to provide therefor in the exercise of
its full sovereignty and without any kind of foreign interference.
It is nevertheless prepared to have an investigation made and to
cause the situation to be studied with a view to the institution of
such reforms as may be rendered advisable by the development of
manners and civilisation.
[Page 1140]
Animated by this spirit, the Undersigned, acting in virtue of their
full powers, desire to make the following Declaration:—
1. The Turkish Government proposes to take immediately into its
service, for such period as it may consider necessary, not being
less than five years, a number of European legal counsellors whom it
will select from a list prepared by the Permanent Court of
International Justice of The Hague from among jurists nationals of
countries which did not take part in the war of 1914–1918, and who
will be engaged as Turkish officials.
2. These legal counsellors will serve under the Minister of Justice;
some will be posted in the city of Constantinople and others in the
city of Smyrna. They will take part in the work of the legislative
commissions. It will be their duty to observe, without interfering
in the performance by the magistrates of their duties, the working
of the Turkish civil, commercial and criminal courts, and to forward
to the Minister of Justice such reports as they may consider
necessary; they will be authorised to receive all complaints to
which the administration of justice in civil, commercial or criminal
matters, the execution of sentences, or the manner of application of
the law may give rise, with a view to bringing such complaints to
the notice of the Minister of Justice in order to ensure the strict
observance of the provisions of Turkish law.
Similarly, they will be authorised to receive such complaints as may
be caused by domiciliary visits, perquisitions or arrests; moreover,
these measures shall, in the judicial districts of Constantinople
and of Smyrna, be brought, immediately after their execution, to the
notice of the legal counsellor by the local representative of the
Minister of Justice; this official shall in such cases be authorised
to correspond direct with the legal counsellor.
3. In cases of minor offences release on bail shall always be
ordered, unless this entails danger to public safety or unless such
provisional release is calculated to impede the prosecution of the
case.
4. In civil or commercial matters all references to arbitration and
clauses in agreements providing therefor are allowed, and the
arbitral decisions rendered in pursuance thereof shall be executed
on being signed by the President of the Court of First Instance, who
shall not refuse his signature unless the decision should be
contrary to public order.
5. The present Declaration shall remain in force for a period of five
years.
Done at
Lausanne, the 24th July, 1923.
[
seal]
Ismet
[
seal]
Dr. Riza
Nour
[
seal]
Hassan
[Enclosure
2—Translation]
Declaration Relating to Sanitary Affairs Made by
the Turkish Delegation, Lausanne, July 24, 1923
The undersigned, acting in virtue of their full powers, declare that
the Turkish Government will appoint for a period of five years three
European medical specialists as Counsellors of the Sanitary
Administration of the Frontiers. These medical specialists shall be
Turkish officials and shall be attached to the Ministry of Health.
They shall be chosen by the said Government from a list of six
names, prepared in agreement by the Health Committee of the League
of Nations and by the International Bureau of Public Health. Their
salary, as well as the other terms of their appointment, shall be
settled by agreement between the said Government and the two
above-mentioned international organisations.
The Turkish Sanitary Administration shall establish, with the
cooperation of the three above-mentioned European Counsellors,
regulations determining the organisation of the sanitary
administration of the coasts and frontiers of Turkey. These
regulations shall be in accordance with the terms of the
International Sanitary Conventions, and, insofar as the Straits are
concerned, with the terms of the Straits Convention signed this
day.
The yield of the sanitary taxes collected by the Turkish
Administration shall be exclusively applied to the needs of the
sanitary administration of Turkey, and shall appear in a special
budget, which shall be prepared for this purpose by the Ministry of
Health.
Done at Lausanne,
the 24th July,
1923.
[
seal]
Ismet
[
seal]
Dr. Riza
Nour
[
seal]
Hassan
