United States. Congress. House. Select committee o.

Baltic States investigation. [First interim report] (Volume pt. 1) online

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map (3 versts to an inch — o. m. 0.254) which forms the first Annex to
Article 3.

In case of divergence between the text and the map, the text shall prevail.
Note 2. The demarcation of the frontier between the two contracting
countries, and the setting-up of fi-ontier marks, shall be carried out under the
direction of a special Mixed Commission composed on an equal number of
members of each of the two parties. In carrying out the delimitation of the
frontier, this Mixed Commission shall decide upon the assignment to one or
the other party of inhabited places lying on the frontier, in accordance with



512 BALTIC STATES INVESTIGATION

the ethnographical indications, and taking into account economic and agri-
cultural considerations.

(2) The pai-t of the Esthouiau territory to the east of the Narova, the River
Narova itself and the islands lying in it, and also the zone to the south of Lake
Pskov contained between the above-mentioned frontier and a line joining the
villages Borok-Smolni-Belkova-Sprekhtichi, shall be considered to be neutral in
a military sense until January 1, 1922.

Esthonia undertakes to maintain in the neutralised zones no troops whatsoever
except those which may be necessary for frontier duty and for the preservation of
order, the number of which is laid down in the Second Annex to the present
Article: to construct no fortifications or observation posts in those zones, to
establish no military magazines there, to keep no kind of war material there,
with the exception of that indispensable for the effectives permitted, and also to
establish there no bases or depots for the use of vessels of any kind or of any
air fleet whatsoever.

(3) Russia, on her side, undertakes to maintain no troops in the Pskov region
to the west of the following line : western bank of the estuary of the Velikaia,
villages of Sivtseva, Luhnova, Samulina, Shalki and Sprekhtichi, until Janu-
ary ist, 1922, with the exception of those which are Indispensable for frontier
duty and the preservation of order, the number of which is laid down in the
Second Annex to the present Article.

(4) The Contracting Parties undertake to maintain no armed vessel on the
Lakes of Peipus and Pskov.

Annex 1 to Article 3

(Map')
Annex 2 to Article 3

The two Contracting Parties undertake :

(1) to withdraw their troops behind their respective frontiers, in the sector
contained between the Gulf of Finland and the mouth of the River Shchuchka,
within the twenty -eight days following the ratification of the Peace Treaty ;

(2) to withdraw their troops, with all their material and supplies, from the
neutralized in which, under §§2 and 8 of Article 3, it is forbidden to maintain
any troops except those necessary for frontier duty and the preservation of order,
within the forty-two days following the ratification of the Peace Treaty.

(3) to withdraw, in accordance with § 4 of Article 3, the armed vessels lying
in Lakes Peipus and Pskov during the forty-two days after the ratification of the
Peace Treaty, or to remove their guns, mines, mine-laying apparatus and mutions
of war of every kind ;

(4) to maintain for frontier duty, in the neutralised zones in which the presence
of troops is forbidden, not more than forty men to a verst during the first six
months following the ratification of the Peace Treaty, and thereafter not more
than thirty ; subject to this provision, the construction of a barbed-wire entangle-
ment along the whole frontier shall be permitted. The number of men detailed
to maintain internal order shall not exceed five hundred in each zone ;

(5) to maintain on Lagos Peipus and Pskov no armed vessels of the Customs
service, except patrol boats armed with guns of a maximum calibre of 47 mm.
and with machine-guns, at the maximum rate of two guns and two machine-guns
to each boat, the number of such patrol boats not to exceed five.

Article 4

For one year from the date of the ratification of the present Treaty, persons of
non-Esthonian origin residing in Esthonia, and aged eighteen years or over, shall
have the right to opt for Russian nationality ; women and children under eighteen
years of age shall follow the nationality of the husband or father, unless there
exist between husband and wife any agreement to the contrary. Persons opting
for Russia shall leave Esthonian territory within one year from the date of such
option, but shall retain their rights over their real property and may remove
their personal property. Similarly, persons of Esthonian origin residing in
Russia may opt for Esthonian nationality during the same period and under the
same conditions.

Each of the two contracting Governments reserves the right of rejecting such
options of nationality.



^ Not reproduced in this volume.



BALTIC STATES INVESTIGATION 513

Note. — In case of persons of doubtful origin, there shall he considered as
Esthonians those who are personally registered, or \vhose parents were
registered, in a rural or urban community, or in any "class", in the territory
which now forms the State of Esthonia.

Article 5

Should the perpetual neutrality of Esthonia be internationally recognised.
Russia undertakes to respect such neutrality and to join in guaranteeing it.

Article 6

In case of the neutralisation of the Gulf of Finland, the two contracting
I'arties undertake to accede to such neutralisation of the conditions drawn up
by common agreement of the States concerned and established by international
declarations relating thereto ; in case of the conclusion of any such international
agreement, they also undertake to bring their naval forces, or a portion thereof,
into conformity with the provisions of such international agreement.

Article 7

The two contracting Parties undertake :

(1) to forbid the presence in their territory of any troops except those of their
own Governments, or of friendly States with which either of the contracting
Parties may have concluded a military agreement, but which are not rfe facto in
a state of war with either of the Contracting Parties ; and also to forbid thj&
recruiting and mobilisation, within the limits of their territory, of unofficial
forces drawn from the ranks of the armies of such States, and the organisation
of private detachments for the purpose of armed warfare against the other
contracting Party ;

(2) to disarm such land and sea forces as are in their territory and were not
in the service of either of the two contracting Governments on October 1, 1919 ;
to neutralise and immobilise, until January 1, 1922, all goods, artillery and com-
missariat material (except food and clothing), engineering and air material,
that is to say, guns, machine-guns, rifles, side-arms, munitions, aeroplanes, ar-
moured cars, tanks, armoured trains, etc., belonging to the land or sea forces
referred to, with the exception of the technical and war material assigned to such
forces but belonging to the contracting Parties or to other States. Any portion
of such material which may belong to other States shall be returned within six
months from the date of the ratification of the present Treaty. The disarma-
ment of the irregular land and sea forces indicated above, and the immobilisation
and neutralisation of their military stocks and of their technical and war mate-
rial, shall be completed, the first 30 % of the men and material in the seven days
following the ratification of the present Peace Treaty, and the remainder during
the two following weeks, at the rate of .35 % in each week ;

(3) to forbid all officers and men of the irregular troops disarmed under the
provisions of the previous § (2) to enter as volunteers, under any pretext what-
ever, in the ranks of the Government troops of the contracting Parties, except :

(a) persons of Esthonian nationality residing outside Esthonia but opting
for that country ;

(&) persons of non-Esthonian nationality residing in Esthonia before
May 1, 1919, and not opting in favour of Rus.sia ;

(c) persons of non-Esthonian nationality not opting in favour of Russia
and having served in the Esthonian army before November 22, 1919.
Persons falling into categories «, h, and c may take service in the armies
of the Esthonian Government.

(4) (o) to refuse to countries which are de facto in a state of war with
either of the contracting Parties, and to organisations or groups whose object
is armed warfare against either of the contracting Parties, the passage through
their ports and their territory of anything which might be used in attacking
the other contracting Party, and particularly of the armed forces attached to
such States, organisations or groups, and of any objects and any war material
of the artillery, commissariat, engineers, air force or other arm belonging to
such military formations;

(4) (&) to forbid, except in cases provided for in international law, the
launching and navigation in their territorial waters of any warships, gunboats,
mine-layers, etc., belonging either to organisations or groups whose object is to



514 BALTIC STATES INVESTIGATION

make war upon the other coutracting Party, or to countries which are in a
state of war with that Party, if the object of such vessels is to attack it, and
if that object is known to the contracting Party to whose territory the harbours
and territorial waters utilised belong ;

(5) to forbid the formation, and the presence in their territory, of any or-
ganisations or groups whatsoever claiming to govern all or part of the terri-
tory of the other contracting Party, and the presence of representatives or
oflScials of organisations or groups whose object is to overthrow the Government
of the other Party to the Treaty.

(6) The Governments of the two coutracting Parties undertake mutually to
supply, at the time of the exchange of the ratifications of the present Peace
Treaty, precise data relating to the condition of non-governmental forces, and
also of the military stocks (fixed or movable) and of the military or technical
material belon.ging to those irregular forces, in their territory at the date of the
conclusion of the Armistice Agreement, that is to say, on the thirty first day
of December nineteen hundred and nineteen.

(7) To superintend the execution of the military guarantees mutually agreed
upon by the contracting Parties, a joint Commission shall be formed, the
composition, privileges and duties of which shall be determined by instructions
annexed to the present Article.

Annex to Article 7

INSTRUCTIONS FOR THE JOINT COMMISSION CONSTITUTED IN ACCORDANCE WITH

SECTION 7 OF ARTICLE 7

(1) To superintend the carrying out of the military guarantees provided for in
Article 7, a joint Commission, consisting of representatives of the two contracting
Parties, shall be formed.

(2) Composition of the Commission: four members for each Party, namely: a
President, two representatives of the War Ministry and one representative of
the Admiralty.

(3) The duty of the Commission shall be: effectually to control the carrying-
out of all the conditions laid down in § 2 of Article 2 in the form prescribed
in the subsequent Articles of these instructions, and within the i>eriods laid
down, in regard to this matter, in § 2 of Article 7.

Note. Information relating to § 3 of Article 2, if required for the settle-
ment of possible disputes, shall be supplied to the Commission by the Govern-
ment concerned.

(4) The Commission shall receive from the Government concerned, or from
the local organisations appointed thereby, all information required for the execu-
tion of the military guarantees.

(5) To ensure the effectual control of the execution of the military guaran-
tees, the Commission shall have the right to verify in person the infoi'mation
supplied to it under § 4 above, and, if need be, to superintend on the spot the
discharge of the obligations laid down in § 2 of Article 7.

(6) To ensure free commimication between members of the Commission and
their Governments, a direct telegraph line (Hughes apparatus) is established
between the town of Rakvere (Vesenberg), the seat of the Commission, and
Petrograd or Moscow. During its stay in Russian territory, the Commission
shall sit at Pskov, and a direct telegraph line (Hughes apparatus) shall connect
that city with Tallinn (Reval). Members of the Commission shall be entitled
to make free use of the telegraph, and to despatch special messengers. Corres-
pondence despatched and received by special messenger shall enjoy diplomatic
privileges.

(7) The Commission shall draw up in Esthonian and Russian a statement of
its work and conclusions, which shall be submitted to l»ofh the Governments
concerned.

(8) After the complete discharge of all the duties imposed on the Commission
by § 3 of these instructions, and after it has verified the facts in accordance
with § 5, and, in any case, within one month at most from the date on which
the members of the Counnission are informed by their resi)ective Governments
that the latter have fulfilled all the conditions of guarantee which come within
the competence of the Counnission, that body sliall be dissolved. The Com-
mission's activities may be prolonged, if need be, by agreemetit i»etween the two
Governments.



BALTIC STATES INVESTIGATION 515

Article 8

The two Parties mutually surrender their claims to the repayment of their
war expenses, i. e., military expenses, and also to the repayment of war losses,
i. e., those caused to the State or to individuals as a result of military measures,
including losses arising from requisitions, of whatever nature, made in enemy
territory.

Article 9

The prisoners of war of both countries shall be released as soon as possible.
The formalities for the exchange of prisoners are set out in the Annex to this
Article.

Note 1. The term "prisoners of war" shall apply to individuals who were
captured and did not take service in the armies of the State which captured
them.

Note 2. Prisoners of war who were captured by irregular forces and did
not take service in the ranks of such forces shall be repatriated in the or-
dinary course.

Anneiv to Article 9

(1) Prisoners of war of both contracting Parties shall be repatriated, unless
they prefer to remain in the country in which they are (with the consent of the
Govei'nment of that country), or to go to some other country.

(2) The periods within which the exchange of prisoners of war shall be carried
out shall be settled by the two Governments after the ratification of the Peace
Treaty.

(3) Prisoners of war shall, at the time of their release, have restored to them
everything of which they were deprived by acts of the authorities of the Govern-
ment which captured them, and sliall also receive the full amount of the pay due
to them, or any part of such pay withheld from them.

(4) Each of the contracting Parties shall undertake to refund the costs of the
maintenance of its citizens who were made prisoners, as far as these expenses
have not lieen covered by the work of the prisoners in State or private enter-
prises. ITie payment shall be carried out in the currency of the State which
maintained the prisoners.

Note. The costs of maintenance to be refunded shall comprise the value
of the prisoners' food, the supplies made to him in kind, and his pay.

(5) Prisoners shall be conducted to the frontier in detachments, at the expense
of the Government which captured them ; the return of these prisoners shall be
carried out according to the lists drawn up, which shall show the Christian
name, patronymic and family name of the prisoner, the date of his capture,
the unit in which he was serving before capture, and, if he has been sentenced
to imprisonment for any act regarded as criminal, the precise nature of such
crime and the date on which it was committed.

(6) Immediately after the ratification of the Peace Treaty, a Committee, con-
sisting of four representatives of each of the contracting Parties, shall be formed
for the exchange of prisoners of war. This Committee shall superintend the
carrying-out of the clauses of the present Annex, organise the repatriation of
prisoners, and also determine the amount of their maintenance costs by reference
to the accounts submitted at the time of the release of the prisoners by the
party concerned.

Article 10

The contracting Parties shall remit to prisoners of war and internal civilians,
on their return to their own country, all punishments to which they may have
been condemned for criminal acts committed for the benefit of the opposite
party, and all disciplinary punishment of every kind.

The amnesty shall not extend to persons who have committed a crime of the
kind mentioned above, or a breach of discipline, after the signature of the Peace
Treaty.

Prisoners of war and interned civilians, sentenced by a criminal court for
any crime not covered by the amnesty, before the ratification of tlie present
Treaty, or after it but before the expiration of one year from the date of the
ratification, sliall not be repatriated until their punishment has been carried out.

Those prisonei's or interned civilians wlio have been prosecuted for criminal
acts not covered by the amnesty, but upon whom no sentence has been passed
within one year from the date of the ratification of the present Peace Treaty,



516 BALTIC STATES INVESTIGATION

shall be handed over to the authorities of their own country at the expiration of
this period, together with all documents relating to the proceedings brought
against them.

Article 11

Russia surrenders any claim to the transfer, or repayment of the value, of
property of the former Russian Empire, of whatever nature, whether real or other
estate, situated in Esthonia and forming the common property of the whole
nation. Such property shall include : militai'y or other buildings, forts, harbours,,
vessels of every kind (including warships), their cargoes, etc. She also sur-
renders all rights held by the Russian State over the real and personal property
of individuals formerly subject to it, as far as such property may be situated in
Esthonian territory, within the limits assigned to Esthonia by the treaty, or in
her territorial w^aters, or may have been situated there at the time of the German
occupation, i. e., on February 23, 1918. Russia also surrenders all her rights over
vessels, including warships, which were situated as above during the German
occupation, and, lastly, over those which, during the war between Esthonia and
Russia, were either captured directly by Esthonian forces or captured by other
forces and afterwards handed over to the Esthonian Government. All the prop-
erty enumerated above becomes the sole property of Esthonia and is free from all
obligations as from November 15, 1917, or, if it has been acquired by Russia
since that date, from the date of such acquisition.

All claims of the Russian Treasury against Esthonian subjects, if recoverable
in Esthonia, pass to Esthonia, but only in so far as they cannot be set off by
counterclaims on the part of the debtors.

The documents and records which attest the rights mentioned in this Article
shall be transferred by the Russian Government to the Esthonian Goveriunent ;
if the transfer be not completed within six months from the date of the ratification
of the Treaty, such documents shall be deemed to be lost.

Esthonia, for her part, shall not be entitled to bring against Russia any claim
based on her former status as a part of the Russian Empire.

Akticle 12

Notwithstanding the agreements concluded in Article II :

(1) Russia grants to Esthonia fifteen millions of gold roubles, of which eight
millions shall be payable within one month, and the remaining seven millions
within two months, from the date of the ratification of the Peace Treaty.

(2) Esthonia shall bear no part in the responsibility for the debts or any other
obligations of Russia, and particularly for those arising from the issue of paper
currency. Treasury bonds, debentures, foreign or internal loans, the guaranteeing
of loans issued by various concerns or enterprises, etc. ; all claims of the creditors
of Russia for debts relating to Esthonia shall be brought against Russia
exclusively.

(3) As regards the redemption of Russian State lionds, guaranteed by the
State and now in circulation in Esthonian territory, and that of other .securities
issued by companies or concerns whose enterprises have been nationalised by the
Russian Government, and also as regards the satisfaction of the claims of
Esthonian subjects against the Russian Treasury, Russia shall be obliged to
grant to Esthonia and Esthonian citizens all exemptions fi'om taxation, I'ights
and privileges which she has directly or indirectly offered, or may offer, to any
foreign State or to the subjects, companies or enterprises of such State.

Note. Claims of Esthonian subjects against local branch banks in
Esthonia which were nationalised by the decree of the Central Executive
Committee (December 14, 1917) for the Nationalisation of Banks shall, if
they were advanced before the promulgation of this decree, have the same
titles to consideration as claims against the Russian Treasury, so far as
they cannot be met out of the property remaining in possession of such
branches.

(4) The Russian Government shall restore to the Esthonian Governmenr all
property of the University of Tartu, and of other educational institutions, which
is, or was, situated in Esthonian territory and has been removed to Russia.
Such property shall include libraries, records, documents and, in general, all
other objects having a scientific or historical interest for Esthonia. Such resti-
tution shall only be made so far as the whereabouts of the property is known to-
the Government or public institutions of Russia, or sliall be revealed to them.



/



BALTIC STATES INVESTIGATION 517

(.")) The Russian Goveninieut shall restore to the Esthoniau Government,
whkh shall deliver them to their owners, all ol)jects of value, except gold and
precious stones, negotiable securities and credit vouchers such as mortgages,
bills of exchange, etc.. removed from Esthonian territory by financial, educational
and other organisations of the Government or by local authorities or individuals,
if the present whereabouts of such personal iiroperty be indicated by the
P^sthonian authorities. If such indications be not fui'nished. or if the property
in question be not discovered in the places indicated, the Russian (Government
shall, in accordance with § 3 of this Article, be prepared to recognise as holders
of the negotiable and other securities persons producing sutlicient evidence that
the relative documents were removed during the war. A special joint Com-
mission shall be formed to consider such claims.

(G) In fulfilment of the conditions laid down in §§ 3, 4 and 5 of this Article,
the Russian Government undertakes to supply the Esthonian Government with
all necessary information, and fully to co-operate with it in the .search for th0
goods, objects, records, documents, etc., to be restored. The decision of any
yuestions raised in relation to this matter shall be entrusted to the Special Joint
Commission, which shall consist of an equal number of members of the two
contracting Parties.

Article 13

Russia declares that the exemptions, rights and privileges granted to Esthonia
and to her citizens by the present Treaty shall in no case, and under no circum-
stances, constitute a precedent when Peace Treaties are concluded between Russia
and the other States formed from the late Russian Empire; if, however, in con-
cluding such treaties, Russia grants to any one of these new States or to its sub-
jects any exemptions, rights or private privileges, these shall be fully extended
immediately and without special agreement to Esthonia and her subjects.

Article 14

The decision of any questions of public or private law which may arise between
citizens of the contracting Parties, and the settlement of certain special questions
between the two Governments, or between one of the contracting Governmetns and
the citizens of the other, shall be carried out by special Joint Commissions which
shall be formed immediately upon the ratification of the present Treaty. The
composition, rights and duties of these Commissions shall be fixed by "instruc-
tions" which shall be confirmed in the case of each Commission by an Agreement
between the two contracting Parties.

The duties of these Commissions shall include, among others :

(1) The drawing-up of a commercial Treaty and the consideration of all



Online LibraryUnited States. Congress. House. Select committee oBaltic States investigation. [First interim report] (Volume pt. 1) → online text (page 63 of 75)