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PUBLIC RECORD OFFICE

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885

12 PUBLIC RECORD OFFICE, LONDON

MY LORD,

No. 230a.

(CYPRUS.)

LAW OFFICERS to FOREIGN OFFICE.

W.B. are honoured with your Lordship's commands, signified in Sir Julian,

Temple, July 3, 1880. Pauncefota's letter of the 8th ultimo, stating that with reference to our report of the 31st May last, he had the honour to transmit to us, by direction of your Lordship, the papers relating to the case of Sawas Christodoulos, who was recently tried in the proper Ottoman Court in Cyprus for the murder of an Ottoman subject, and having been found guilty, was sentenced to death.

That the prisoner,, though born in the Ottoman dominions. of Ottoman parents, was claimed as a naturalised Greek subject by the Greek Vice-Consul. in Cyprus, and, in consequence of his intervention in that case from the commencement, the High Commissioner applied to the Foreign Office for instructions as to how he should deal with the question of Sawas's nationality, and with the claim of the Greek Vice-Consul to take part in the trial in the manner prescribed by the capitulations in cases where Greek subjects were concerned. That with regard to those points it was considered that in the first place the onus fell on the prisoner of showing that he was released by law or treaty from his allegiance to Turkey, his country of origin, before he could be allowed to claim Greek nationality before a Turkish Court; and in the next place, that even if he should establish such claim, the right of intervention in the trial claimed by the Greek Vice-Consul under the capitulations could not properly be conceded to him under the present administration of Cyprus. That accordingly instructions to that effect were sent to the High Commissioner in the Foreign Office Despatch No. 126 of March 16, 1880, to which Sir Julian Pauncefote was to invite our attention.

That we should perceive from the correspondence transmitted in General Biddulph's Despatch No. 217 of the 18th of May, and from the report of the proceedings at the trial contained in his Despatch No. 227 of the 25th of May, that the above instructions were strictly followed, and that, although no evidence was adduced at the trial in support of the prisoner's claim to Greek nationality, the Greek Vice-Consul was allowed all the facilities which could have been extended to him under those instructions if Sawas had been entitled to be dealt with as a Greek subject. That on the 21st May, however, the Greek Minister in London, Monsieur Contostanlos, addressed a letter to your Lordship, complaining that the proceedings on that trial wore irregular, and urging that the sentence should be annulled.

That drafts of a reply to the Greek Minister and of a Despatch to General Biddulph approving his proceedings were enclosed, and that Sir Julian, Pauncefote was to request that we would be good enough to inform your Lordship whether they met with our approval.

That on the question of Greek naturalisation of Ottoman subjects, Sir Julian Pauncefote was to refer us to the printed Foreign Office memorandum which we should find among the papers.

That the Turkish law of 1869, and the Circular of the Porte referred to in the draft to the Greek Minister were printed at pages 22 and 23 of that memorandum.

In obedience to your Lordship's commands, we have the honour to

Report

That we think it right to point out that the terms of the accompanying draft reply to the Greek Minister may give rise to observation hereafter..

Sawas is denied his claim of being a Hellenic subject by naturalisation on the ground that whilst in Cyprus he is in a part of the Ottoman dominions, and thus au admission is made that for some purposes Cyprus is subject to the sovereign power of the Porte.

But in the latter portion of the draft the position is assumed that a Hellenic subject in Cyprus would not be entitled to the benefit which the capitulations confer on the subjects of that country, when within the Ottoman dominions.

A

20491.-26. 25.-6/86.

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