Turkish Courts-Martial of 1919-20
Encyclopedia
Turkish Courts-Martial of 1919–20 were courts-martial of the Ottoman Empire
Ottoman Empire
The Ottoman EmpireIt was usually referred to as the "Ottoman Empire", the "Turkish Empire", the "Ottoman Caliphate" or more commonly "Turkey" by its contemporaries...

 after the armistice of Mudros
Armistice of Mudros
The Armistice of Moudros , concluded on 30 October 1918, ended the hostilities in the Middle Eastern theatre between the Ottoman Empire and the Allies of World War I...

 during the aftermath
Aftermath of World War I
The fighting in World War I ended in western Europe when the Armistice took effect at 11:00 am GMT on November 11, 1918, and in eastern Europe by the early 1920s. During and in the aftermath of the war the political, cultural, and social order was drastically changed in Europe, Asia and Africa,...

 the World War I
World War I
World War I , which was predominantly called the World War or the Great War from its occurrence until 1939, and the First World War or World War I thereafter, was a major war centred in Europe that began on 28 July 1914 and lasted until 11 November 1918...

, which the leadership of the Committee of Union and Progress
Committee of Union and Progress
The Committee of Union and Progress began as a secret society established as the "Committee of Ottoman Union" in 1889 by the medical students İbrahim Temo, Abdullah Cevdet, İshak Sükuti and Ali Hüseyinzade...

 and selected former officials were court-martialled with/including the charges of subversion
Subversion (politics)
Subversion refers to an attempt to transform the established social order, its structures of power, authority, and hierarchy; examples of such structures include the State. In this context, a "subversive" is sometimes called a "traitor" with respect to the government in-power. A subversive is...

 of the constitution, wartime profiteering
Profiteering
Profiteering may relate to:* Profiteering * War profiteering...

, and the massacres of both Armenians
Armenian Genocide
The Armenian Genocide—also known as the Armenian Holocaust, the Armenian Massacres and, by Armenians, as the Great Crime—refers to the deliberate and systematic destruction of the Armenian population of the Ottoman Empire during and just after World War I...

 and Greeks.

Most of the Turkish courts-martial were dismissed and the serious ones were relocated to the "International Court-Martial in Malta
Inter-allied tribunal attempt
Reference to the need for and establishment of an Inter-allied or International Tribunal, also known as the Malta Tribunals, to launch prosecution for, among other things, a Turkish genocide of Armenians within the Ottoman Empire during World War I was made in the proceedings of the Paris Peace...

" rather than being held in a Turkish court whose "findings cannot be held of any account at all." (John de Robeck
John de Robeck
Admiral of the Fleet Sir John Michael de Robeck, 1st Baronet GCB, GCMG, GCVO was an admiral in the British Royal Navy who commanded the Allied naval force in the Dardanelles during World War I....

) The courts-martial were labelled "Turkish" because of their selective accusation of only the Turkish subjects of the Ottoman Empire
Ottoman Empire
The Ottoman EmpireIt was usually referred to as the "Ottoman Empire", the "Turkish Empire", the "Ottoman Caliphate" or more commonly "Turkey" by its contemporaries...

. They became a stage for political battles. The trials helped the Liberal Union party
Liberal Union (Ottoman Empire)
Liberal Union was the second biggest party in the Ottoman parliament of 1909. It had managed to organize covering most of the provinces of the Ottoman Empire...

 root out the Committee of Union and Progress
Committee of Union and Progress
The Committee of Union and Progress began as a secret society established as the "Committee of Ottoman Union" in 1889 by the medical students İbrahim Temo, Abdullah Cevdet, İshak Sükuti and Ali Hüseyinzade...

 from the political arena. During the second stage the international trials, Ottoman politicians, generals, and intellectuals were relocated from Constantinople jails to the British colony of Malta
Malta
Malta , officially known as the Republic of Malta , is a Southern European country consisting of an archipelago situated in the centre of the Mediterranean, south of Sicily, east of Tunisia and north of Libya, with Gibraltar to the west and Alexandria to the east.Malta covers just over in...

, called the Malta exiles
Malta exiles
Malta exiles is the term for politicians, high ranking soldiers , administrators and intellectuals of the Ottoman Empire who were sent into exile on Malta after the armistice of Mudros during the Occupation of İstanbul by the Allied forces...

, where they were held for some three years while searches were made in the archives of Constantinople, London, Paris and Washington to find proof of their guilt. The trials formed a key argument in the Treaty of Sèvres
Treaty of Sèvres
The Treaty of Sèvres was the peace treaty between the Ottoman Empire and Allies at the end of World War I. The Treaty of Versailles was signed with Germany before this treaty to annul the German concessions including the economic rights and enterprises. Also, France, Great Britain and Italy...

, which resulted in the partitioning of the Ottoman Empire
Partitioning of the Ottoman Empire
The Partitioning of the Ottoman Empire was a political event that occurred after World War I. The huge conglomeration of territories and peoples formerly ruled by the Sultan of the Ottoman Empire was divided into several new nations.The partitioning was planned from the early days of the war,...

.

World War I

Beginning of World War I, regarding the news coming from Anatolia and the Siege of Van
Siege of Vān
The Siege of Vān occurred in 1547 when Suleiman the Magnificent attacked Persia in his second campaign of the Ottoman-Safavid War ....

 on 24 May 1915 the Triple Entente
Triple Entente
The Triple Entente was the name given to the alliance among Britain, France and Russia after the signing of the Anglo-Russian Entente in 1907....

 warned the Ottoman Empire
Ottoman Empire
The Ottoman EmpireIt was usually referred to as the "Ottoman Empire", the "Turkish Empire", the "Ottoman Caliphate" or more commonly "Turkey" by its contemporaries...

:

Occupation of Constantinople, November 1918

The Allies did not wait for a peace treaty after the Armistice of Mudros
Armistice of Mudros
The Armistice of Moudros , concluded on 30 October 1918, ended the hostilities in the Middle Eastern theatre between the Ottoman Empire and the Allies of World War I...

 for claiming the Ottoman territory. Just 13 days after the Armistice of Mudros
Armistice of Mudros
The Armistice of Moudros , concluded on 30 October 1918, ended the hostilities in the Middle Eastern theatre between the Ottoman Empire and the Allies of World War I...

, a French brigade entered Constantinople on November 12, 1918. The first British Troops entered the city on November 13, 1918. Early in December 1918, Allied troops occupied sections of Constantinople and set up an Allied military administration. High Commissioner Admiral Somerset Arthur Gough-Calthorpe
Somerset Arthur Gough-Calthorpe
Admiral of the Fleet Sir Somerset Arthur Gough-Calthorpe GCB, GCMG, CVO , sometimes known as Sir Somerset Calthorpe, was a British Royal Navy admiral and a member of the Gough-Calthorpe family.-Naval career:...

 was assigned as the military adviser to Constantinople. His first task was to arrest between 160 and 200 persons from the Government of Tevfik Pasha on January 1919. Among this group, he send thirty to Malta (Malta exiles
Malta exiles
Malta exiles is the term for politicians, high ranking soldiers , administrators and intellectuals of the Ottoman Empire who were sent into exile on Malta after the armistice of Mudros during the Occupation of İstanbul by the Allied forces...

). Calthorpe included only Turkish members of the Government of Tevfik Pasha and the military/political personalities. He wanted to send a message that a military occupation
Military occupation
Military occupation occurs when the control and authority over a territory passes to a hostile army. The territory then becomes occupied territory.-Military occupation and the laws of war:...

 was in effect and failure to comply would end with harsh punishment. His position was not shared with other partners. French Government's response on these presumed guilty people was "distinction to disadvantage of Muslim-Turks while Bulgarian, Austrian and German offenders were as yet not arrested. On February 1919, the allies were informed that the Ottoman Empire was in compliance with its full apparatus to the occupation forces. Any source of conflict (including Armenian questions) would be investigated by a commission which neutral Governments can attach two legal superintendents. Calthorpe's correspondence to the British Foreign Office was "The action undertaken for the arrests was very satisfactory, and has, I think, intimidated the Committee of Union and Progress
Committee of Union and Progress
The Committee of Union and Progress began as a secret society established as the "Committee of Ottoman Union" in 1889 by the medical students İbrahim Temo, Abdullah Cevdet, İshak Sükuti and Ali Hüseyinzade...

 of Constantinople".

Establishment, April 28, 1919

The message of Calthorpe on Military administration fully noted by the Sultan. There was an eastern tradition of presenting gifts to the authority during the serious conflicts; sometimes "falling of heads". There was no higher goal than preserving the integrity of the Ottoman Institution. If the anger of Calthorpe could be calmed down by the foisting the blame on a few members of the Committee of Union and Progress
Committee of Union and Progress
The Committee of Union and Progress began as a secret society established as the "Committee of Ottoman Union" in 1889 by the medical students İbrahim Temo, Abdullah Cevdet, İshak Sükuti and Ali Hüseyinzade...

, which Ottoman Empire could thereby receive more lenient treatment at the Paris peace conference
Paris Peace Conference, 1919
The Paris Peace Conference was the meeting of the Allied victors following the end of World War I to set the peace terms for the defeated Central Powers following the armistices of 1918. It took place in Paris in 1919 and involved diplomats from more than 32 countries and nationalities...

; that could be achieved. The local court-martial were establishing while the Paris Peace Conference, 1919
Paris Peace Conference, 1919
The Paris Peace Conference was the meeting of the Allied victors following the end of World War I to set the peace terms for the defeated Central Powers following the armistices of 1918. It took place in Paris in 1919 and involved diplomats from more than 32 countries and nationalities...

 with "The Commission on Responsibilities and Sanctions" added several articles to the treaty demanding the acting government of the Ottoman Empire
Ottoman Empire
The Ottoman EmpireIt was usually referred to as the "Ottoman Empire", the "Turkish Empire", the "Ottoman Caliphate" or more commonly "Turkey" by its contemporaries...

, Sultan Mehmed VI
Mehmed VI
Mehmet VI was the 36th and last Sultan of the Ottoman Empire, reigning from 1918 to 1922...

 and Damat Ferid Pasha
Damat Ferid Pasha
Damad Ferid Pasha was an Ottoman statesman who held the office of grand vizier during two periods under the reign of the last Ottoman sultan Mehmed VI Vahdeddin, the first time between 4 March 1919 and 2 October 1919 and the second time between 5 April 1920 and 21 October 1920...

, should be summoned to trial.

Structure

After the people summoned to trial in an inquiry commission, invested with extraordinary powers of subpoena, arrest, et cetera, which the Ottoman's called the "Mazhar Inquiry Commission" was established. This organization secured Ottoman documents from many provinces of Ottoman Empire.

Legal Issues

The tribunals were held under occupation
Military occupation
Military occupation occurs when the control and authority over a territory passes to a hostile army. The territory then becomes occupied territory.-Military occupation and the laws of war:...

, thus the judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...

s were under the scrutiny of the occupying forces. Due process
Due process
Due process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...

 did not exist, and there were gross absences of legal rights; defenders and lawyers feared for their life. The Ottoman penal code did not acknowledge the right of cross-examination
Cross-examination
In law, cross-examination is the interrogation of a witness called by one's opponent. It is preceded by direct examination and may be followed by a redirect .- Variations by Jurisdiction :In...

. Some Western authors claimed that these were matters of local jurisprudence
Jurisprudence
Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists , hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions...

 and the verdicts had to be trusted. However, the validity of the evidence presented in these testimonials has been questioned owing to a lack of defendant rights. Historians familiar with Ottoman jurisprudence do not hold the process of these trials in a positive light. The decision was taken by evidence
Evidence
Evidence in its broadest sense includes everything that is used to determine or demonstrate the truth of an assertion. Giving or procuring evidence is the process of using those things that are either presumed to be true, or were themselves proven via evidence, to demonstrate an assertion's truth...

 submitted during the preparatory phase, the trial, and how the defender present his defense. During the trials, none of the presented evidence
Evidence
Evidence in its broadest sense includes everything that is used to determine or demonstrate the truth of an assertion. Giving or procuring evidence is the process of using those things that are either presumed to be true, or were themselves proven via evidence, to demonstrate an assertion's truth...

 was verified. The validity of the evidences presented, such as letters and orders have been in study. Some of them had proven to be forgeries
Forgery
Forgery is the process of making, adapting, or imitating objects, statistics, or documents with the intent to deceive. Copies, studio replicas, and reproductions are not considered forgeries, though they may later become forgeries through knowing and willful misrepresentations. Forging money or...

. In some cases
hearsay
Hearsay in English Law
The hearsay provisions of the Criminal Justice Act 2003 reformed the common law relating to the admissibility of hearsay evidence in criminal proceedings begun on or after 4 April 2005....

 was an issue as direct evidence has never been presented (one direct evidence regarding Talat Pasha was claimed to be a forgery (the signature, the code/number of the document, and the missing stamp). During the trials, testimonies were not subjected to cross-examination
Cross-examination
In law, cross-examination is the interrogation of a witness called by one's opponent. It is preceded by direct examination and may be followed by a redirect .- Variations by Jurisdiction :In...

, or some of the materials were presented as "anonymous
Anonymity
Anonymity is derived from the Greek word ἀνωνυμία, anonymia, meaning "without a name" or "namelessness". In colloquial use, anonymity typically refers to the state of an individual's personal identity, or personally identifiable information, being publicly unknown.There are many reasons why a...

 court material" (i.e., not sponsored by a witness, who has sworn or solemnly affirmed to tell the truth).

When the international trials were staged, the High Commissioner at Constantinople, Calthorpe, was replaced by John de Robeck
John de Robeck
Admiral of the Fleet Sir John Michael de Robeck, 1st Baronet GCB, GCMG, GCVO was an admiral in the British Royal Navy who commanded the Allied naval force in the Dardanelles during World War I....

, the Commander-in-Chief, Mediterranean, who said "that its findings cannot be held of any account at all."

Aftermath

The article which were proposed to be added at the Paris Peace Conference, 1919
Paris Peace Conference, 1919
The Paris Peace Conference was the meeting of the Allied victors following the end of World War I to set the peace terms for the defeated Central Powers following the armistices of 1918. It took place in Paris in 1919 and involved diplomats from more than 32 countries and nationalities...

 under "The Commission on Responsibilities and Sanctions" demanding the acting government of the Ottoman Empire
Ottoman Empire
The Ottoman EmpireIt was usually referred to as the "Ottoman Empire", the "Turkish Empire", the "Ottoman Caliphate" or more commonly "Turkey" by its contemporaries...

, Sultan Mehmed VI
Mehmed VI
Mehmet VI was the 36th and last Sultan of the Ottoman Empire, reigning from 1918 to 1922...

 and Damat Ferid Pasha
Damat Ferid Pasha
Damad Ferid Pasha was an Ottoman statesman who held the office of grand vizier during two periods under the reign of the last Ottoman sultan Mehmed VI Vahdeddin, the first time between 4 March 1919 and 2 October 1919 and the second time between 5 April 1920 and 21 October 1920...

, should be summoned to trial, was not included in the Treaty of Sèvres
Treaty of Sèvres
The Treaty of Sèvres was the peace treaty between the Ottoman Empire and Allies at the end of World War I. The Treaty of Versailles was signed with Germany before this treaty to annul the German concessions including the economic rights and enterprises. Also, France, Great Britain and Italy...

. Interestingly, Damat Ferid Pasha
Damat Ferid Pasha
Damad Ferid Pasha was an Ottoman statesman who held the office of grand vizier during two periods under the reign of the last Ottoman sultan Mehmed VI Vahdeddin, the first time between 4 March 1919 and 2 October 1919 and the second time between 5 April 1920 and 21 October 1920...

 was one of the four signatories. Malta Tribunals are the much publicized otherwise planned but not executed "international" trials of the Malta exiles. Under the pretext of "international trials" administrators and intellectuals of the Ottoman Empire were sent into exile on Malta after the armistice of Mudros during the Occupation of İstanbul by the Allied forces. It become a British prison where various CUP officials were held in the hopes that such an "international" trial would be held at a future date.

The Ottoman military tribunal and subsequent international trials, which the British
United Kingdom of Great Britain and Ireland
The United Kingdom of Great Britain and Ireland was the formal name of the United Kingdom during the period when what is now the Republic of Ireland formed a part of it....

 dismissed, exonerated those the Armenian Revolutionary Federation
Armenian Revolutionary Federation
The Armenian Revolutionary Federation is an Armenian political party founded in Tiflis in 1890 by Christapor Mikaelian, Stepan Zorian, and Simon Zavarian...

 perceived as the masterminds behind the Great Calamity. At the Armenian Revolutionary Federation
Armenian Revolutionary Federation
The Armenian Revolutionary Federation is an Armenian political party founded in Tiflis in 1890 by Christapor Mikaelian, Stepan Zorian, and Simon Zavarian...

's 9th General Congress, which convened in Yerevan
Yerevan
Yerevan is the capital and largest city of Armenia and one of the world's oldest continuously-inhabited cities. Situated along the Hrazdan River, Yerevan is the administrative, cultural, and industrial center of the country...

 from September 27 to the end of October 1919, the issue of retribution against those responsible was on the agenda. A task force, led by Shahan Natalie
Shahan Natalie
Shahan Natalie was a member of the Armenian Revolutionary Federation's Bureau and the principal organizer of Operation Nemesis wherein the Turkish masterminds of the Armenian Genocide were assassinated...

, working with Grigor Merjanov, was established to assassinate Talaat Pasha, Pipit Jivanshir Khan, Said Halim Pasha
Said Halim Pasha
Said Halim Pasha , Ottoman Empire Grand Vizier from 1913-17. Born in Cairo, Egypt, he was the grandson of Muhammad Ali of Egypt, "founder of modern Egypt". The "Pasha" in his name is an honorific that translates in English to "Lord", or "Lord Said Halim".He was one of the signers in Ottoman-German...

, Behaeddin Shakir Bey
Behaeddin Shakir
Behaeddin Shakir or Bahaeddin Shakir was a founding member of the Committee of Union and Progress . At the end of World War I, he was detained with other members of the CUP, first by the local court martial and then by the British government...

, Jemal Azmi, Cemal Pasha, Enver Pasha, as well as several Armenians, called "traitors", in an operation with the code name "Operation Nemesis
Operation Nemesis
Operation Nemesis is the Armenian Revolutionary Federation's code-name for a covert operation in early 1920s to assassinate the Turkish planners of the Armenian Genocide. Those involved with the planning and execution of the operation were survivors of the massacres...

".

There is a controversy about the translations into Western language (mostly English and German) of the verdicts and accounts published in newspapers. Gilles Veinstein, professor of Ottoman and Turkish history at Collège de France
Collège de France
The Collège de France is a higher education and research establishment located in Paris, France, in the 5th arrondissement, or Latin Quarter, across the street from the historical campus of La Sorbonne at the intersection of Rue Saint-Jacques and Rue des Écoles...

estimates that the translation made by former Armenian documentalist Haigazn Kazarian is "highly tendencious, in several locations". Turkish historian Erman Sahin accuses Taner Akçam of mistranslations, including the rewriting of important sentences and the addition of things not included in the original version. Taner Akçam did not respond.
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