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Coll 28/96 ‘Persia. Judicial. Persian law regarding smuggling. Position of foreigners.’ [‎37r] (73/122)

The record is made up of 1 file (59 folios). It was created in 29 Dec 1936-17 Feb 1938. It was written in English and French. 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.

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of the Tariff Autonomy Treaty does not therefore affect
the validity of the ’’Safeguards", and no real inconsistency
exists between the views which have from time to time been
expressed by the Foreign Office upon this question.
9. There remains point (d). It must unfortunately
be recognised that, whatever may be their theoretical
validity, the "Safeguards" have lost much of their
practical value. On the other hand, it is possible to
maintain that His Majesty’s Government are still justified,
for the reasons put forward in paragraph 7 of the despatch
of the 6 th November, 1933, in regarding the "Safeguards"
as a guarantee for the continued maintenance of certain
standards of equity and justice in the treatment of
foreigners under Persian law and procedure.
10. For the foregoing reasons, therefore, I consider
it would be possible for you to maintain, without
inconsistency, both that the validity of the "Safeguards"
note, whatever that may be, is not affected by the
termination of the Tariff Autonomy Treaty, and that the
"Safeguards" note was part of the consideration for that
treaty. At the same time, I consider that no useful
purpose would be served by raising the general question of
the Safeguards" at this juncture, either in connexion with
the smuggling law, or, so far as can be foreseen in advance
of a particular case arising, in connexion with any other
technical breach of the "Safeguards", especially as it
would be possible, if a breach were so serious as to be
contrary to natural justice, to make a diplomatic protest
without invoking the "Safeguards" at all. The "Safeguards"
note/

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Content

Correspondence concerning the compatibility of legal safeguards in relation to the expiration of the Tariff Autonomy Treaty, agreed between the British and Persian Governments on 10 May 1928, and a new law passed by the Government of Iran in 1936 that authorised the use of the death penalty against armed smugglers, as well as their trial by military court (i.e. behind closed doors). An English translation of the law is included in the file (f 58). The file’s principal correspondents are: HM Envoy Extraordinary and Minister Plenipotentiary at Tehran, Horace James Seymour; the British Counsellor at the Legation in Tehran, Nevile Montagu Butler; and the Foreign Office. Correspondence includes: concerns raised amongst various British Government officials over the new law; a letter detailing concerns about the new law, sent by Seymour to the Iranian Minister for Foreign Affairs, Enayatollah Samiy (ff 26-28). A letter sent by Butler to the Foreign Office, dated 1 October 1936, contains an extract of French text: a portion of a memorandum written by the Armenian lawyer Raphael Aghababoff (ff 54-57).

Extent and format
1 file (59 folios)
Arrangement

The papers are arranged in approximate chronological order from the rear to the front of the file.

Physical characteristics

Foliation: the foliation sequence (used for referencing) commences at the front cover with 1, and terminates at the inside back cover with 61; 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.

Written in
English and French in Latin script
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Coll 28/96 ‘Persia. Judicial. Persian law regarding smuggling. Position of foreigners.’ [‎37r] (73/122), British Library: India Office Records and Private Papers, IOR/L/PS/12/3502, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100054934526.0x00004a> [accessed 7 December 2019]

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