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'Mesopotamia. Jurisdiction over Foreigners' [‎146r] (6/10)

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The record is made up of 1 file (4 folios). It was created in 1 Sep 1920. It was written in English. The original is part of the British Library: India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. Records and Private Papers Documents collected in a private capacity. .

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certain of its provisions from cases in wlnV.^ -f
cases relating to immovable property and suh tif 0 . lei ^ , ]. ers are interested other thpn
rn accordance with Europearf ideas y ' d Substltut «g for foreigners provisiot
This nrf,v; 0 7A""™" ^r , - rll - aulc - 1116 same privileo-e ,n,X 1, ' may be conducted
us provision would, it is true, cause some .I'b? i g ■ be tended to French
strongly opposed to this. All experienop X . ■ JUrors or assessors. I am
are organised according to race or rehVion f ^ 3 C0UUtry where communities
m criminal cases between persons of differed nltin^rf 8 ® 8801 ' 8 ,^ 1101 lead to i ustice
does not apply where both the accused and Vht T- f 0r rel ^ I0n - Th is objection
nationality. But when that is the case the cm, 1 ' 6 ', person l,ol " 1 'g s to the same
small so that it would be nsualJj^ impossible to f nr imU111 ,/ . C0Ilcerne( J would be very
assessors. y impossible to form a disinterested jury or panel of
tried by courts of^Ueas"^!^" ^ulse^' ^ Crlmmal 08868 of importance should be
the local Court of ^ppeaMn 1 caLT^oncer 1 ' Sl10 tt, d allowecl f 10111 tlle decision of
nationals, to the Privy Council - but S m°h n'" 8 ^ m , t . er 1 ests of B" 11 ? 11 or foreign
opinion would not be desirable It would i''^™ wou 1 ^ an innovation and in my
probably .Uo ,iih foreign Oo.,mmenU. md SJSKSfeSj^S!? - "
• " S'"Ll'}tdX°- 'ire fSi"°Th""'"t
grant judicial lepiesentation on the courts to all the chief Powers who have the
nTf] p e fr S . ? a P 1 ^ uIatloIls ' as is flone ^ Egypt, would be quite beyond the means
o 116 Mesopotamian Government. And even if representation were limited to three
or four of the chief Powers the system would be expensive
charaete^stTnr Elvp&fcotr^ 018 ^ jurisdiotion whioJl are - unsatisfactory
It would I believe, be unpopular with Mesopotamians, since it would withdraw
troin the local courts a large class of mixed cases which are now dealt with by them
and would piace the local courts in a position of inferiority. '
12. Scheme to vest in British Judges or in Special Courts composed of British and
Mesopotamiau Judges jurisdiction to hear all cases in which foreigners are interested
If the proposal to vest in the Ordinary Courts jurisdiction to hear all cases in which,
foreigners are interested is rejected, this seems the best alternative.
It would be advisable, in my opinion, that the courts should comprise Mesopo-
tamian judges as well as British judges. As has already been pointed out, under
the capitulations the majority of cases in which foreign subjects were interested were
dealt with by courts composed of Ottoman subjects, so that it would be likely to cause
dissatisfaction if Mescpotamians was not represented on the courts. Besides, as in
in most cases which came before the courts natives would be interested as well as
foreigners, it is just that the courts should comprise Mesopotamian judges, and their
presence would strengthen the courts.
As most of the judges could also hold appointments as members of the local
courts, the plan would not involve any great expense.
2524 b

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Content

This is a printed report by Sir Edgar Bonham Carter, Judicial Secretary, Baghdad, concerning the legal jurisdiction over foreigners in Mesopotamia. The report includes details of various schemes, including: 'Scheme to vest in the ordinary Courts jurisdiction to hear all cases in which Foreigners are interested', 'Scheme to create special Mixed Tribunals on the Egyptian model and confer on them jurisdiction in all cases in which foreigners are interested', 'Scheme to vest in British Judges or in Special Courts composed of British and Mesopotamian Judges to hear all cases in which foreigners are interested'. In addition, the report includes three appendices: 'Appendix I: Translation of Imperial Iradeh, dated 26th Aab 1330 (8th September 1914), abolishing the Capitulations'; 'Appendix II: Turkey and Persia. Treaty dated 31st May 1847. Article VII. Appointment of Consuls, Privileges, Most Favoured Nation Treatment'; and 'Appendix II: Juridiction of a Peace Court'.

Extent and format
1 file (4 folios)
Physical characteristics

Foliation: The foliation for this description commences at folio 144 and terminates at folio 147, as it is part of a larger physical volume; these numbers are written in pencil, are circled, and are located in the top right corner of the recto The front of a sheet of paper or leaf, often abbreviated to 'r'. side of each folio. An additional foliation sequence is also present in parallel between folios 7-147 of the volume; these numbers are also written in pencil, but are not circled, and can be found in the same position as the main sequence.

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English in Latin script
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'Mesopotamia. Jurisdiction over Foreigners' [‎146r] (6/10), British Library: India Office Records and Private Papers, IOR/L/PS/18/B351, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100023580972.0x000008> [accessed 29 March 2024]

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