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LEAGUE 0? NATIONG
0 ,2 1 0 *1 5 3 3=1 ./i nmnlcated to Geneva, Mar oh 27th, 1933 .^Council.
7BEE CITY OF DilTZIG
PARTICIPATION 07 DANZIG II! INTERNAL 10II.AL TREATIES AM) A0?EE:.S::TS:t:.
Agreement concluded at Berlin on February 1 3th,1933 y concerning
foe conveyance of prisoners between East Prussia and the rest of
jercaany through the territory of Poland and the Free City of Danzig.
:To~"g by the Secretary-General,
In conformity with paragraph A of the Rules of Procedure laid
iom by the Council cn September 6 th,1 9 2 9? concerning the exercise
j f the right of veto by the High Commissioner of the Loag'B of Nations
at Danzig5 the Secretary-Goneral bas the h onour to communicate to the
Council a lector from the High Commissioner dated February 1.6th, 1933 ,
enclosing the text cf the Agreement concluded at Berlin on February 13 •-1
1933 between Poland and the Free City of Danzig nf the one part and
Germany of tne other part, concerning the conveyance of prisoners
ïetvïeen East Prussia and the rest of Germany through the territory
f Poland and the Free City of Danzig„
The High Commissioner draws attention to Article 14 of this
Agreement regarding the establishment of a court of arbitration to
settle any disputes which may arise between the parties « The High
Oosmissioner states that he Interprets this provision to mean that
•ao Court of arbitration in question will have eiq authority to
te til with disputes between Poland and the Free City.
— r the last communication cn this subject seeDocument C.2 0 9 .I9 3 3.I.
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Suoh "being the case, he considers that the above-mentioned
tcrreement is not inconsistent with the provisions of the Paris Treaty
0f N ovem ber gth,ig20, nor with the status of the Free City, and that
there is no occasion to exercise the right of veto provided by
article 6 of the Paris Treaty.
If no Ilember of the Gounoil asks that the question should be
placed on the agenda of the Gounoil within three weeks, that is, before
ipril 1 7"bh, 1 9 3 3; vri.ll be regarded as understood that the veto will
not be exercised and the Secretary-General will inform the High Com
missioner of the fact in accordance with the procedure laid down by the
Gounoil on September 6th, 1 9 2 9»
Lettor from the High O irni.tgsioner to the Secretary-General
(Translation) Danzig, February l6th,1933.
Sir,
By a letter P.V.A0I403 of February 1 5th,1933? o°Py of which is
attached, the Senate of the Free City, with reference to Article 6 of
the Treaty between Poland and Danzig signed at Paris on November gth,
1920, has sent me the text of the following three agreements concluded
between Poland and the Free City of the one part and Germany of "tfa e
other part, copies of which I beg to enclose herewith»
1) Supplementary Convention ooncludod at Berlin on February 1 3th,
1933 tbs regulation of the military transport referred to in Article
log, paragraph 1, second sentence, of the Convention signed at Paris
on April 21st,1921*,
2} Agreement, concluded at Berlin on February 1 4th, 19331 modifying
the Rules o f A p p l i c a t i o n , Chapter X o f the Convention between Germany
aiïd Poland and the Free City of Danzig concerning freedom of transit
betmreen Sasi Prussia and the rest of Germany, signed at Paris on
£pril 21st ,1921**.
by tlie Secretary-Gere ral: See Document Ct.2 0 8 .i9 3 5»!Note by the Seoretary-Genaral: See Document C,209»1933.1
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3 ) tigrosncnt concluded algo at Berlin on February 1 3th,1 9 5 3,
-.p-rninr the conveyance of prisoners between East Prussia and the0 OLLU V -L AA—••*•••0
rest of Germany through the territory of Poland and the Free City
of Danzig*
I venture to draw your attention to article 3-4 of this Agreement
r e g a r d i n g the establishment of a court of arbitration to settle any
Disputes which may arise between the parties»
I interprets this provision to rx?an that the court of arbitration
ii question will have no authority to deal with disputes between x'O-
] gnii and the Free City.
Such being the oo.se, I consider that the three agreements men
tioned above are not inconsistent with the provisions of the Paris
Treaty of November gth.ig2ü, nor with the Status of the Free City,
ki;d that there is no occasion to exercise the right of veto provided
I by Article 6 of that Treaty„
(signed) Helmer Hosting .acting High Commissioner.
Letter from the President of the Senate to theHigh Commissloner<
ti on fromthe German) Danzig, February 1 5th,3.933
Negotiations have been proceeding during the last few months
in Berlin between Germany on the one hand and the Free City of Danzig
ari Poland on the other hard concerning questions of freedom of transit
between East Prussia and the rest of Germany6 The negotiations referred
n revision, as provided for in Article II3 of the Paris Conven
tion of April 21st^lOP.l concerning freedom of transit,of the Rules
Application oontained in Chapter X of that Convention, and also
0 larger transports of German troops and the conveyance of German
prisoners in transit through Danzig and Polish territory.
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These negotiations terminated on February 1 3th and 1 4th in Berlin
the signature of three agreements. In accordance with Article 6
0f the Treaty between Danzig and Poland of November 9th,1920 I have
•ne honour to transmit herewith in triplicate the text of the agreements
signed on February 1 3th and 1 4th,1 9 3 3.
With reference to the Agreement concerning the conveyance of
prisoners in transit I would point out that the court of arbitration
re fe r red to in .irtiole 14 has no authority to decide disputes between
•the Free City of Danzig and Poland.
(signed) Dr.ZIEHM
ranslation fram the German) . )
CONVENTION
REGARDING THE CONVEYANCE OF PRISONERS IN TRANSIT BETWEEN pST PRÏÏSSÏÂ AND THE: W S T OF GERMANY THROUGH- POLAND ANDTEE TERRITORY OF THE FREE CITY OF DANZIG.
Germany of the one part, and Poland and the Free City of Danzig
f the other part, have decided, in virtue of Articles 89 and 98 of
he Treaty of Versailles of June 28th,1 9 1 9, and in completion of
he Paris Convention rf April 21st ,1921, c oncoming Freedom of Transit
etween East Prussia and the rest cf Germany, to regulate by treaty
he conveyance of prisoners in transit between East Prussia and the
est of Germany. For this purpose they have appointed as their
lenipotontiaries :
THE PRESIDENT OF THE GERMAN REICH:
Dr «Paul Eckardt, Minister Plenipotentiary,
and
Herr Carl Soholz, Geheimer Regierungsrat,Director of the German State Railways,
PRESIDENT. OF TH3 POLISH REPUBLIC:
M. Franciszek Moskwa, Departmental Dire*ytor at the
Ministry of Transport, who, in virtue of article 104, paragraph 6 } of the Treaty of Versailles, is also acting on behalf of the Free City of Danzig, in so far as itis concerned, in the pres ont agreement as a ContractingParty»
The Plenipotentiaries, having communicated their full powers f found
good and due form, have agreed as followsj
.Article 1
(1) In the transit traffic between East Prussia and the rest of
many through Poland and the territory of the Free City of Danzig,pri~
ners shall bo conveyed in accordance with the provisions of the present
Invention »
(2) For the purposes of the present Convention prisoners shall be
deemed to mean persons deprived of their liberty by order of a public
thoritvo(3) No Polish nationals shall be so conveyed*
Article 2,
(1) Prisoners ■ shall be conveyed by the railway lines traversing
lland and the territory of the Free City of Danzig and operated by
lland »
(2) Germany and Poland reserve the right to arrange by means of
jat exchange of notes to usa other railway lines traversing the territory
f Poland only» Should such an agreement be concluded the provisions
pf the present Convention shall apply mu.tatis mutandis.
Article
(1) Prisoners shall be conveyed in through trains accompanied by
pstoms officers of the country of transit » They may be conveyed
Mther in groups or individually,
(2) Transport by groups shall take place on specified days and
\ r&ilwriy y ehicles specially equipped for the purpose and provided
°°rridors (prisoners ' vans) . Due notice of the
timetable to be followed for the transport of groups shall
be given by the competent German authorities to the competent
Polish and Danzig authorities-
(3) Prisoners transported individually shall be
conveyed in separate compartments.
Article 4.
(1) The Gerr^an officials or other persons appointed
by the German authorities to escort prisoners during transport
(German escort officials) :h M be permitted to cross the
frontier in and for the performance of their duties without
being required to possess passports or visas provided they
hold a certificate similar to the specimen appended hereto
(Annex 1) issued by their official superiors. The German
escort officials shall not be subject to the Customs
formalities of the country of transit. They may wear uniform
or carry a badge denoting their official position.
(2) On arrival in the country of transit Gerr.an escort
officials shall for the duration of the journey in transit,
deposit their firearms and am .unition appertaining thereto
in a special compartment of the prisoners* van or in the case
of individual transport, in the luggage van of the train.
This provision shall not apply to short portable firearms
and ammunition appertaining thereto.
(3) When not travelling with prisoners, German escort
officials shall deposit all firearms.
Article 5.
(1) The competent Gerr.an authorities shall issue
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transport certificates for prisoners. Such transport
certificates shall conform to the specimen hereto appended
(Annex 2), shall show the place and date of issue and shall
bear the signature of the issuing official together with
the official stamp.
(2) On entry into the country of transit the German
escort officials shall hand over the transport certificates
to the officials of the security police of that country
accompanying the convoy.
Article 6 .
Prisoners transported in accordance with the present
Convention shall not be subject to passport and Customs
formalities in the country of transit.
Article 7.
On the arrival of a convoy in the country of transit,
the officials of the security police of that country shall,
for the duration of the journey in transit, assume the
supervision of the prisoners and of their transport. The
German escort officials shall during transit, remain
responsible for the maintenance of order and discipline among
prisoners.
Article 8 .
(1) Should the journey in transit be interrupted in
consequence of unforeseen circumstances, the authorities of
the country of transit shall see that the transport is resumed
at the earliest possible moment.
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(2) If in exceptional circumstances it should prove
impossible to arrange for the transport to be resumed within
twenty-four hours, the nearest examining magistrate or police
court in the country of transit shall, on application by a
State attorney of that country and on the basis of the transport
certificate, issue an order whereby the prisoners shall be
held in custody until such time as they leave the territory
of the country of transit; such order shall be duly notified
to the prisoners „
Article 9.
It shall be prohibited to alight from a railway carriage
in the country of transit or to hand articles out of a carriage
or take then in. Communication with the outside world shall
take place only through the intermediary of the officials of
the security police of the country of transit.
Article 10.
(1) Both German escort officials and prisoners shall
be subject to the laws and regulations of the country of
transit in so far as these relate to the maintenance of order
and public security or the safeguarding of public health,
(2 ) While in its territory the G-erman escort officials
and prisoners shall be subje'otto the jurisdiction and police
powers of the country of transit.
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(3) As regards the disciplinary punishment of
official delinquencies, the German escort officials shall
be under the exclusive authority of their own German
superior officials. If German escort officials commit
uùnishable offences in the performance of their duties
in the territory of the country of transit, exclusive
jurisdiction shall be transferred to the German authorities,
at the latter’s request, provided always that the parties
concerned are not nationals of the country of transit,
Should such a request be made, the accused shall immediately
be handed over to the German authorities specified therein.
Requests for the transfer of jurisdiction and the handing
over of accused persons shall be transmitted direct by the
competent German public prosecutor to the competent public
■prosecutor in the country of transit,
(4) German escort officials and prisoners may not
be arrested in the country of transit except for crimes
or misdemeanours committed there during transit. If a
misdemeanour is so committed an immediate arrest shall not
be made unless the authorities of the country of transit have
an interest in such arrest,
(5) Should a prisoner be arrested in the country of
transit he shall be surrendered to the German authorities
without special formalities on the termination of the
criminal proceedings, including any sentence which he may be
required to serve.
10 ™
(6 ) Should the further transport of a convoy be
endangered through the arrest cf Gernan escort officials
or for any other cause, the authorities of the country of
transit shall themselves assume responsibility for further
transport as far as the German frontier station on the
route followed,
Article 3.1,
If the officials of the security police of the country
of transit cross the frontier, the provisions of Article 16
of the Berlin Convention on Reciprocal Railway Traffic of
March 27th, 1926, shall apply mutatis mutandis.
Article 12,
All costs connected with transit, including the costs
of the escort of convoys by officials of the security police
of the country of transit, shall be borne by Germany. The
amount of such costs shall be fixed by agreement between the
competent authorities of the Contracting Parties.
Article 13o_
In respect of all matters dealt with in the present
Convention the authorities of the Contracting Parties shall
correspond with each other direct for such purposes they
shall employ their own official language.
Article 14,
(1 ) Any disputes arising out of the application or
interpretation of the present Convention shall be settled
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by an arbitral tribunal.
(2) The Contracting Parties agree that the arbitral
tribunax shall consist of the same persons as the arbitral
tribunal provided for in the Paris Convention of April 21st,
1921, relating to Freedom of Transit between East Prussia
and the rest of Germany.
(3) The arbitral tribunal shall itself fix its
procedure and standing orders.
Article 15.
The Contracting Parties shall by mutual agreement
issue and communicate to each other the general regulations
issued in application of the present Convention.
Article 16.
The Contracting Parties reserve their right to
substitute other authorities for those stated to be competent
in the present Convention or the regulations issued in
application thereof. If any of the Contracting Parties makes
such a change, it shall in due course notify the other
Contracting Parties thereof.
Article 17.
(1 ) Germany and Poland, the latter also acting on
behalf of the Free City of Danzig, shall at all times be
entitled to request a revision of the present Convention.
(2) Any such request shall be accompanied by a
proposal regarding the desired changes. The request shall
be answered within three months of the date of notification
thereof. Any negotiations that may be necessary shall there
upon be opened as soon as possible.
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Article 18.
(1) The present Convention shall be ratified. The
instruments of ratification shall be exchanged at Warsaw.
(2) The present Convention shall come into force on
the thirtieth day after the exchange of the instruments of
ratification.
IN FAITH WHEREOF the Plenipotentiaries have signed
the present Convention in triplicate, each copy being drawn
up in both German and Polish. One copy shall be delivered to
Germany and the other two to Poland, one of whLoh Poland..shall
transmit to the Free City of Danzig.
Done at Berlin on February 13th, 1933.
(Signed) Franciszek MOSKWA
Dr. Paul ECKARDT
Carl SCHOLZ.
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annex I Certificate No
(To Article 4) Valid until 19
Reich Colours
The ..... .........................................
(Official position) (Christian name and surname)
is a German escort official within the meaning of Article 4
of the Convention of February 13th, 1933 relating to the
Transport of Prisoners in transit between East Prussia and
the rest of Germany through Poland and the territory of the
Free City of Danzig.
19
Official stamp Office
Signature of holder : Signature of Issuing Official
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ANNEX 2.
(To Article 5)
TRANSPORT CERTIFICATE
for the transport of prisoners in transit between East Prussia
and the rest of Germany through Poland and the territory of
the Free City of Danzig,
(Article 5 of the Berlin Convention of February 13th, 1933).
(in group convoy List of Prisoners conveyed in transit (
(individually
. . „ ............ 19. .
No. Surname Date & Nationality & placeChristiai of name birth
Type of Punishable Re- detentjon Offence in marks (Penal respect of impris- which pri- onment, soner has deteriion been sen- on itirand, tenced or police charged, custody, etc , )
,19, Dffi ce
Place and date of issue Signature of Issuing Official
Official Stamp