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Coll 28/96 ‘Persia. Judicial. Persian law regarding smuggling. Position of foreigners.’ [53r] (105/122)
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 Documents collected in a private capacity. .
Transcription
This transcription is created automatically. It may contain errors.
9. There remains point (d). It must unfortunately be
recognized 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 6 th November, 1933, referred to
above, 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. Mr* Eden would therefore prefer, so far as the
"Safeguards" are concerned, to inform His Majesty’s Minister at
Tehran that he can without inconsistency maintain 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. It would, however, at the same time be explained
that Mr. Eden considers 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 should, in Mr* Eden’s opinion, be held in
reserve as a general guarantee that the Persian Government intend
to maintain a certain level of justice.
I am to request that Mr. Eden may be furnished with
Lord Zetland’s views upon this letter.
1 2 . Copies of this letter are being sent to the
Dominions Office and Colonial Office.
I am,
Sir,
Your obedient Servant,
About this item
- 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 A diplomatic representative who ranks below an ambassador. The term can be shortened to 'envoy'. 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 View the complete information for this record
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Coll 28/96 ‘Persia. Judicial. Persian law regarding smuggling. Position of foreigners.’ [53r] (105/122), British Library: India Office Records and Private Papers, IOR/L/PS/12/3502, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100054934526.0x00006a> [accessed 23 April 2024]
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Copyright: How to use this content
- Reference
- IOR/L/PS/12/3502
- Title
- Coll 28/96 ‘Persia. Judicial. Persian law regarding smuggling. Position of foreigners.’
- Pages
- front, front-i, 2r:57v, 59r:60v, back-i, back
- Author
- East India Company, the Board of Control, the India Office, or other British Government Department
- Usage terms
- Open Government Licence