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Coll 28/96 ‘Persia. Judicial. Persian law regarding smuggling. Position of foreigners.’ [‎55r] (109/122)

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. .

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Paragraph 7 then continues: ••it should not, however, he in
hered from ttiis that the safeguards are wholly without value
or ef i ect. His Majesty’s Government would, I am advised, he
entitled to contend that although the Persian Government may
have the right to alter the provisions of this law in matters
which concern the safeguards, they are hound, unless and until
tne law is thus altered, to observe its provisions rigidly,
and consequently to apply the safeguards fully". But if even
at the date of that despatch it was to he presumed that the
Persian Government had the right to "alter the provisions of
their law in matters which concern the safeguards", subsequent
events have considerably increased the difficulty of adopting
a contrary attitude. In the first place a considerable volume
of legislation has been placed on the statute-book in the
interval which lias radically changed the situation Since the
assurances were given; and the Persian Government thus have
ample precedents on which they could rely in the event of
any protest with regard to the present law. More important
still in this connexion would appear to be the expiry of the
Tariff Autonomy Treaty, since it was held in paragraph 4 of
Sir John Simon’s above-quoted despatch that "the strongest
argument which His Majesty’s Government could probably make for
the internationally binding character of the safeguards would
be based on the fact that they were signed on the same date as
the Tariff Autonomy Treaty and on the contention that they were
tbua really part of the consideration for that Treaty". Thus
though the expiry of that Treaty would hardly seem to be a
co elusion factor is the situation, it would yet appear to have
shorn/

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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
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Coll 28/96 ‘Persia. Judicial. Persian law regarding smuggling. Position of foreigners.’ [‎55r] (109/122), British Library: India Office Records and Private Papers, IOR/L/PS/12/3502, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100054934526.0x00006e> [accessed 25 April 2024]

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