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Tehcir Law

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Image:Ottoman-Tehcir Law.jpg Tehcir Law, see Techir law (etymology), setting the rules and conditions of the Techir (en:Forced migration) of the parliament of 1912 of the Ottoman Empire was passed on May 27 1915, begin to be enforced on June 1-1915 with the publication in the Takvim-I Vakayi until February 8-1916. <ref> Takvim-i Vekayi, 18 Recep 1333/19 May 1331, 7th year, no:2189; Y.H. Bayur, ibid, III/3, p.30</ref>. This article covers the law maker’s intention behind and the application based on ottoman documents. Tehcir law was an important law, as it is under the scrutiny of the Armenian Genocide.

Contents

[edit] The background of the law

Before the Ottoman parliament implemented the Tehcir Law, there was a circular by Talat Pasha, which is known as April 24 circular <ref>Archive code BOA. DH. ŞFR, nr.52/96,97,98</ref>. For the details of the circular one should look at the relevant article.

[edit] The nature of the law

Tehcir Law was a temporary law, that was expired on February 8-1916. It was a civil law, planned, implemented and enforced with an office (created by the law) to coordinate the activities under the name of “immigrants general office” (Turkish: Göçmen Genel Müdürlüğü). The civil law gave the military an enforcing power only if there was an opposing parties to the implementation. The rules and regulations of the law, as published on Takvim-I Vakayi (ottoman official newspaper), were public and they were shared with the all parties (including USA).

Armenian Genocide
Early elements
Hamidian Massacres · 1896 Ottoman Bank Takeover · Adana Massacre · Young Turk Revolution
The Genocide
April 24, 1915 · Tehcir Law · Armenian casualties of deportations · Ottoman Armenian casualties
Major extermination centers 
Dayr az-Zawr · Sivas · Muş · Diyarbakır · Erzurum · Trabzon
Resistance (Armenian resistance)
Zeitun  · Van · Musa Dagh · Sasun · Urfa
Other targeted groups
Assyrians  · Pontic Greeks
Foreign reactions and aid 
Reactions · American Committee for Relief in the Near East
Responsible parties
Young Turks 
Enver · Talat · Djemal · Committee of Union and Progress · The Special Organization · Ottoman Army · Kurdish Irregulars
Aftermath 
Operation Nemesis · Partitioning of the Ottoman Empire  · Denial

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[edit] The question of the law

Tehcir Law in fact was a four part law. (1) the military measures against those opposing government orders, country’s defense, and the protection of peace; and against those organizing armed attacks and resistance, and kill rebels during aggression and uprising in wartime; (2) To transfer and resettle on a single basis or in mass, the people living in villages and towns who are found to be engaged in espionage or treason. (3) Temporary law’s effect and expiration; (4) defines the responsible parties (application);

[edit] The intention of the law

The main intention of the Tehcir Law was to protect the state and its legal order.

[edit] The subject of the law

The law was a copy of a general law (a template) that has been used before to the Ottoman citizens of Moslem, Greek and Armenian origin who were subjected to immigrate from their own place and resettle elsewhere. Even though in some sources this law was being directed against one particular ethnic group (Armenian) this is a lack of information, as the text of the law does not name community ("Ottoman Millet" was the base of the law makers world view, not the current national form of Armenians, see: Millet (Ottoman Empire)) was mentioned nor even suggested. <ref>Yildirim, Dr. Hüsamettin, Ermeni Iddialari ve Gercekler Armenian Claims and Realities- Ankara 2000, p. 21</ref>. However, by the numbers of dislocated citizens by the abolishment of the law, the Armenian millet was undeniably effected section.

From the text of the law or the following orders, the law maker’s intention did not specifically target any group. Also (1) ill (2)the blind (2) the Catholic (2) Protestant (3) the soldiers and their families, (4) the officers, (5) merchants, some workers and masters were not subject to migration <ref> Coding Office, no 56/27; no 67/186 </ref>. If the conditions get worse this group is ordered to be settled in the city centers <ref> Coding Office, no 56/27; no 67/186 </ref>.

Capitulations of the Ottoman Empire granted missionaries a protectorate state (see:Protectorate of missions). There is a group of rules that grand rights to missionaries under the Ottoman Empire. There is also another decipher which orders the Catholic Armenian Missionaries do not have the leave the Ottoman Empire until the next order.<ref>BOA. DH. SFR, nr. 54/55 archive, which stats: Ermeni Katolik misyonerlerle sörlerin simdilik orada kalmalari daha münâsibdir</ref> This decipher was not respected in some centers, such as Marash and Konya <ref>see for example BOA. DH. SFR, nr. 58/2 for Konya or BOA. DH. SFR, nr.63/157 for Marash,</ref>.

[edit] Rights of subject of the law

The intendion of the law is a temporary movement of the citizens, and not permanent displacement as the fourth section of the law specifically designed to hold responsible the enforcer units to follow up and record the properties owned by the subjects of the immigration and consequently on 10 June 1915 <ref> ATBD, December 1982, ibid., no:81, document 1832 </ref>, there was another law which was passed to regulate the enforcement of this section. In this section it was demamded that there would be three copies of this information one which will be kept in the regional churches, and one in the regional administration, and one will be kept by the commission responsible of the execution of the law. The second and third party of this law was hold responsible for the protection of the properties until the immigrants return <ref> ATBD, December 1982, ibid., no:81, document 1832 </ref>.

The depts of the immigrants completely canceled, and recurring tax debts (they own land) of the Armenians were postponed until they returned back <ref>Coding Office, no 54-A/268</ref>.

[edit] The financial burden of the law

A fund was initiated with the law. The control of the fund was assigned to director Sükrü Bey, a directorate under the immigrants general office (Immigrant and Tribe Settling) From the documents:

Budget for the Tachir
June 1-1915 to February 8-1916
Izmit province 150.000 kurus
Eskisehir 200.000 kurus
Ankara province, 300.000 kurus
Konya province 400.000 kurus
Adana province, 300.000 kurus
Halep province 300.000 kurus
Mousul province 500.000 kurus
Syria province 100.000 kurus
Total 2.250.000 kurus

Also, government under the international agreements assigned within the capituations enabled funds tranfer using the missioners and consuls. Armenian immigrants (USA) have send funds which were distributed to the Armenians under the knowledge of the government by these instututions <ref>Coding Office, no 60/178</ref>. The American Near East Relief Committee, a relief organization for refugees in the Middle East helped donate over $102 million to Armenians both during and after the war.<ref>Goldberg, Andrew. The Armenian Genocide. Two Cats Productions, 2006</ref>

It has to be noted that funds within the provinces aided the immigrants which money allocations were sent under province budgets depending on the condition of needs.

[edit] The application of the law

The law was a selective law as explained under "The subject of the law". The list covers the citizens of the Ottoman Empire that was effected by the law.

The citizens effected under the law <ref>Halacoglu, Prof. Dr. Yusuf, Facts Relating to the Armenian Relocation (1915), TTK Publication, Ankara, 2001.</ref><ref>DH, EUM. 2nd Branch, File 1, document 38, 40, 41, 42, 43, 44, 46, 47, 51, 55, 64, 152, 185, 186, 187, 188, 189, 190, 191, 194, 200, 206</ref>
Province Transferred not transferred
Adana 14.000 15-16.000
Ankara (Central) 21.236 733
Aydin 250
Birecik 1.200
Diyarbakir 20.000
Dörtyol 9.000
Erzurum 5.500
Eskisehir 7.000
Giresun 328
Görele 250
Aleppo 26.064
Haymana 60
Izmir 256
Izmit 58.000
Kaliacik 257
Karahisari sahib 5.769 2222
Kayseri 45.036 4.911
Keskin 1.169
Kirsehir 747
Konya 1.900
Kütahya 1.400
Mamuretülaziz 51.000 4.000
Maras 8.845
Nallihan 479
Ordu 36
Persembe 390
Sivas 136.084 6.055
Sungurlu 576
Sürmene 290
Tirebolu 45
Trabzon 3.400
Ulubey 30
Yozgat 10.916
TOTAL 422.758 32.766

[edit] Abolishment of the law

The law was Abolishment on February 21 1916 <ref> Coding Office, no 57/273; no 58/124; no 58/161; no 59/123; no 60/190</ref>, with an order was sent to all provinces. However detainess of the Armenian Revolutionary Federation contineued to be displaced to Zor province <ref>Coding Office, no 61/72</ref> All the actrivities finilized on March 15 1916 <ref>Coding Office, no 62/21</ref>.

[edit] Notes

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tr:Tehcir Kanunu
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