II. Meşrutiyet`ten Lozan`a kapitülasyonlar

Abstract

SUMMARY The so-called `Regime of the Capitulation ` has its foundation in the treaty of 1535 with Francois I, negotiated at a time when France had been badly defeated and Turkey under Kanuni Süleyman was at the height of its power. The treaty of 1740 confirming this grant, in eighty-five explicit articles, is the most complete enumeration of any privileges ever granted. The following is an enumeration of the capitulatory powers; Italian Cities 1454, confirmed by treaty with Sardinia 1740, France 1535, confirmed in 1740. The Tanzimat has an important bearing upon the history of the capitulations, due to the strong representations and sometimes to interference of the Christian powers, attempts were made during the nineteenth century to reform Muslim low along European lines. The Sublime Porte, had already obtained the consent of Austria(in the Bosnia Convention of 1909), of Italy (in the Lausanne Treaty of 1912) and of France ( correspondence of sprin 1914) to a modification of the capitulatory regime when it took advantage of the state of war existing between the European powers to notify the embassies in September 1914 that the capitulations were to be considered abrogated as from October the first, through the mediation of the Italian Ambassador, the representatives of both the central Powers and Entente joined in an identical note of protest in spite of the war existing between them. The complex military and political condition prevailing in the Near East at the present time make it exceedingly difficult to define the precise status of the capitulations. On April 24, 1916 the Turkish Minister telegraphed the provincial authorities directing them to avoid all matters of friction with Americans. At the same time, granting that the United States had not acquiesced he requested that its consuls treat the capitulations as de facto abrogated, and refer any questions of jurisdiction to the United states Embassy and the Sublime Porte for settlement. Perhaps some explanation of the initial tolerance with which the Porte regarded the exercise of such jurisdiction is to be found in the repot of a special commission (said to have been approved by the Council Minister) appointed study the new legal situation created by the abrogation of the capitulation in 1914.lt recommended that the Ottoman courts refrain from judging the personal actions of foreigners and that the consular courts should be allowed to decide such causes until the establishment of new laws similar to those in Europe. The law definitely fixing the rights and duties of foreigners who reside in the Ottoman Empire was not promulgated until March 16, 1915. It is true that the young Turks under German tutelage have attempted some recent judicial reforms; a revision of the criminal and procedure codes, the institution of peace courts, provision for numerous commissions to fill in the crevices of the Turkish law scientifically, and a provisional law abolishing all religious courts, thus removing the Şeriat courts from the jurisdiction of the Sheyhülislam.Germany and Austria renounced their privileges in Turkey during the war. The price of Turkish assistance on the side of the Central Powers was their consent to the abrogation of the capitulations, and this was recognized and sanctioned by Germany on January 11, 1917 in a series of five treaties. Austria followed suit in a treaty dated March 12, 1918.