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Coll 28/96 ‘Persia. Judicial. Persian law regarding smuggling. Position of foreigners.’ [‎59r] (117/122)

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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(E 6615/6589/34) British Legation,
Gulhek.
No. 231/6/36
1 st October, 1936.
Dear Lacy,
Will you please refer to my despatch No. 451
of to-day in regard to the new law about smuggling and
its conflict with the safeguards?
2. In paragraph 4 of this despatch I have quoted
paragraph 4 of Foreign Office despatch No. 451 (E 2433/
1622/34) of the 6 th November, 1933, which stated that
the strongest argument which we could probably adduce
for the internationally binding character of the safe
guards lay in their connexion with the Tariff Autonomy
Treaty; and I have gone on to suggest that the expiry
of the Treaty now deprives u£ of this argument. In so
doing, I have not been unmindful of paragraph 2 of your
letter (E 2822/385/34) of the 28th May last in which you
say that you agree that the exchange of notes embodying
the safeguards has no real connexion with the Treaty. At
first there would seem to be some contradiction between
your letter and the above-mentioned Foreign Office despatch
but as I see it, the contradiction is more apparent than
real. Is it not the fact that we have admitted to
ourselves for a long time that the safeguards could
not be held to be an international obligation binding
the Persian Government and that we regarded their connexion
with the treaty as no more than a useful argument which
could be adduced in case of need in support of a contrary
view? If this is so, then your letter does no more than
imply that we are now willing to abandon an argument which
H. L. Baggallay Esq., we /
Foreign Office.

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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 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.’ [‎59r] (117/122), British Library: India Office Records and Private Papers, IOR/L/PS/12/3502, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100054934526.0x000076> [accessed 28 March 2024]

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