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

-1 “

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.

-»4**

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