TREATY CONCLUDED BETWEEN RUSSIA AND PERSIA AT TURKMENCHAY

History

TREATY CONCLUDED BETWEEN RUSSIA AND PERSIA AT TURKMENCHAY February 10, 1828 In the Name of Almighty God.

His Imperial Majesty, the Most Glorious, Most Powerful, and August Sovereign Emperor and Autocrat of All Russia, and His Majesty the Shah of Persia, being equally guided by a sincere desire to bring an end to the disastrous consequences of a war wholly contrary to their mutual intentions, and to restore, upon a solid foundation, the former relations of good neighborliness and friendship between both States through the conclusion of a peace which, by its very nature, would ensure its own permanence and prevent any future causes for discord and misunderstanding, have appointed their Plenipotentiaries to accomplish this salutary purpose:

His Imperial Majesty the Emperor of All Russia—His General-Adjutant, Commander of the Separate Caucasian Corps, etc., Ivan Paskevich, and His Actual State Councillor Alexander Obreskov; and His Majesty the Shah of Persia—His Highness Prince Abbas Mirza.

These Plenipotentiaries, having convened at the village of Turkmenchay and having exchanged their respective powers, which were found to be in proper order, agreed upon and concluded the following articles:

Article I Henceforth, and for all time to come, there shall be peace, friendship, and perfect concord between His Majesty the Emperor of All Russia and His Majesty the Shah of Persia, their heirs and successors to the throne, their dominions, and their respective subjects.

Article II His Majesty the Emperor of All Russia and His Majesty the Shah of Persia, taking into account that the obligations of the Treaty of Gulistan, previously binding upon both High Contracting Parties and now terminated by the cessation of hostilities, have come to an end, have deemed it necessary to replace the said Treaty of Gulistan with the present conditions and provisions, which shall more firmly and enduringly establish future peaceful and friendly relations between Russia and Persia.

Article III His Majesty the Shah of Persia, on his own behalf and on behalf of his heirs and successors, cedes to the Russian Empire, in full and irrevocable ownership, the Erivan Khanate on both sides of the Arax River, as well as the Nakhichevan Khanate. In consequence of this cession, His Majesty the Shah solemnly promises to deliver to the Russian authorities, within six months from the date of this treaty’s signing, all archives and public documents pertaining to the administration of the above-mentioned khanates.

Article IV With the mutual consent of the two High Contracting Parties, the frontier between the two States shall be defined as follows: beginning from the point on the border of the Ottoman dominions which lies in the most direct line from the summit of Mount Little Ararat, the boundary shall run to the summit of that mountain; from there, descending along its slope to the source of the Lower Karasu River on the southern side of Mount Little Ararat; then continuing along the course of said river until its confluence with the Arax opposite Sharur; thence proceeding along the channel of the Arax River to the fortress of Abbas-Abad. Around the outer fortifications of this fortress, situated on the right bank of the Arax, a circular area with a radius of half an agach (i.e., 3½ Russian versts in all directions) shall be marked out. The entire area within this circle shall belong exclusively to Russia and shall be demarcated with the utmost precision within two months from this date.

From the eastern point where this circular area touches the Arax, the boundary shall again follow the river’s course to the ford at Yedibulak. From there, Persian territory shall extend along the Arax for a length of three agachs (i.e., 21 Russian versts); the boundary will then proceed directly across the Mughan Steppe to the Bolgaru River, to a point located three agachs (21 versts) below the confluence of the Odinabazar and Sarakamysh Rivers.

From there the boundary shall continue along the left bank of the Bolgaru River upstream to the confluence of the aforementioned Odinabazar and Sarakamysh Rivers; then along the right bank of the eastern Odinabazar River to its source, and from there to the summit of the Jikoir heights, such that all waters flowing from these heights into the Caspian Sea shall belong to Russia, and those flowing toward Persia shall belong to Persia.

Since the border here is defined by the mountain ridge, it is agreed that the slope descending toward the Caspian Sea shall fall under Russian sovereignty, while the opposite slope shall belong to Persia. From the summit of the Jikoir heights, the boundary shall run to the summit of Kamar-Kui along the mountains separating Talysh from the Arash district. The watershed dividing the flow of waters on either side shall serve as the border here, in the same manner as between the source of the Odinabazar and the Jikoir heights.

From the Kamar-Kui summit, the boundary shall continue along the ridge separating the districts of Zuvant and Arash, until it reaches the border of the Velkidji district.

Thus, the district of Zuvant, with the exception of the part lying beyond the summit of the aforementioned mountains, shall be annexed to Russia. From the boundary of the Velkidji district, the frontier between the two States, following the aforementioned principle of watershed demarcation, shall trace the summits of Kloputy and the main mountain ridge running through the Velkidji district, up to the northern source of the Astara River. From there, it shall follow the course of this river to its outlet into the Caspian Sea, which shall mark the termination of the border dividing Russian and Persian possessions.

Article V His Majesty the Shah of Persia, as a token of his sincere friendship toward His Majesty the Emperor of All Russia, solemnly recognizes by this article—both in his own name and on behalf of his heirs and successors to the Persian throne—all lands and islands situated between the aforementioned boundary line and the Caucasian mountain range and the Caspian Sea, as well as all nomadic and settled peoples inhabiting those territories, as belonging eternally to the Russian Empire.

Article XII The High Contracting Parties, for the benefit of their mutual subjects, have agreed that those who own immovable property on both sides of the Arax River shall be granted a period of three years, during which they may freely sell or exchange such property. However, His Majesty the Emperor of All Russia, as far as it concerns him, excludes from this indulgent provision Hussein Khan, former Sardar of Erivan; his brother Hassan Khan; and Kerim Khan, former Governor of Nakhichevan.

Article XIV Neither of the High Contracting Parties shall demand the extradition of defectors or deserters who entered the service of the other State before or during the most recent war. However, to prevent possible harm arising from clandestine communications between such individuals and their former compatriots or subordinates, the Persian government undertakes to prohibit the residence of such persons—who may now or in the future be named by the Russian government—in the territories situated between the Arax River and a line formed by the Chara River, Lake Urmia, the Jakatu River, and the Kizil-Uzan River up to its entry into the Caspian Sea.

On the other hand, His Majesty the Emperor of All Russia promises not to permit Persian defectors to settle or reside in the Karabakh and Nakhichevan Khanates, or in that part of the Erivan Khanate lying on the right bank of the Arax. It is, however, understood that this condition applies only to individuals bearing public titles or holding positions of rank—such as Khans, Beys, and religious leaders or mollahs—whose personal example, exhortations, or secret connections might exert harmful influence on their former subjects. As for the general population of both States, it is agreed that those subjects who have or in the future may transfer from one State to the other shall be allowed to reside wherever the Government under which they live permits.

Article XV His Majesty the Shah, moved by a benevolent and salutary desire to restore peace to his State and relieve his subjects from further sufferings caused by the now happily concluded war, grants full and complete amnesty to all inhabitants and officials of the province known as Azerbaijan. No one among them, regardless of class or rank, shall be subject to persecution or insult for their opinions, actions, or conduct during the war or during the temporary occupation of said province by Russian troops.

Furthermore, officials and residents shall be granted a period of one year from this date to freely transfer, with their families, from Persian to Russian territories, and to sell or transport their movable property without any interference from government or local authorities, and without the imposition of any duties or taxes on such goods. Regarding immovable property, a period of five years shall be granted for its sale or for taking other actions at the owners’ discretion. However, this amnesty shall not apply to those who, before the end of the aforementioned one-year period, are found guilty of an offense or crime punishable by law.

Article XVI Upon the signing of this peace treaty, the respective Plenipotentiaries of both sides shall without delay dispatch proclamations and appropriate orders to all relevant regions to ensure the immediate cessation of hostilities.

This present treaty of peace, drawn up in two copies of identical content, signed by the Plenipotentiaries of both Parties, sealed with their respective coats of arms, and mutually exchanged, shall be confirmed and ratified by His Majesty the Emperor of All Russia and His Majesty the Shah of Persia. The solemn ratifications, bearing the signatures of Their Majesties in their own hand, shall be exchanged by the respective Plenipotentiaries within a period of four months, or sooner if possible.

Concluded at the village of Turkmenchay on the 10th day of February in the year of our Lord 1828.

Source: Treaties of Russia with the East. Political and Commercial. Collected and published by T. Yuzefovich, St. Petersburg, 1869, pp. 214–222 (Emphasis ours – Y.B.). 201

Yuri Barsegov “Nagorno-Karabakh in International Law and Global Politics”

Artatsolum

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