Coll 28/95 ‘Persia. Relations with H.M.G. Private claims against H.M.G.: case of the S.S. “Kara Deniz”.’ [‎88v] (176/691)

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24. The claimants in these category {b) cases are mostly British firms, of
London, Manchester or Bombay, and they include a former Anglican bishop in
Persia (who, however, furnished an affidavit) and the Imperial Bank of Persia.
It seems possible that if some of these claimants learned that any settlement of
claims was in prospect, they might be prepared to come forward with additional
evidence in support of their original claims. Messrs. Ziegler (as mentioned in^
paragraph 20 above) have already done so, and other British firms and claimants
have within recent times made enquiries of us as regards any possible settlement
of their claims.
25. Category (c) and the Unclassified Cases.—The claims placed by the
consuls in category (c) are those not deemed worthy of presentation to the Persian
Government either through lack of evidence or because that Government was not
responsible. Together with the unclassified cases, they amount to 352 in number.
As regards those placed in category (c), inspection of the documents which are
sent as a rule bears out the view that they are not worth pursuing; but there are
a few which might warrant consideration, and the facts and evidence in these
selected cases are set out in the volume Consulate Claims. In the unclassified
cases no documents whatever are furnished. Many of the claims in both groups
are in respect of loans, bills unpaid, small thefts, debts of one kind or another,
and similar minor matters which afford no sufficient basis for claiming against
the Persian Government; and, though there are some others more serious for
highway robberies, plunder, customs fines, and even piracy and murder, these
relate for the most part to Orientals, are wanting in evidence, and have been
rejected by our consuls for such reasons as that the claimant is not now traceable,
that no documentary evidence is now available, that the Persian authorities
cannot be held responsible, or sometimes that the claimant has been found not to
possess British nationality. There are, however, among these groups some British
firms of standing who might yet be prepared, if any prospect of settlement were
in sight, to bring forward further evidence in support of the claims they
originally lodged, and which they have no doubt long since regarded as unlikely
ever to be settled.
26. Kermanshah List. —Among the unclassified cases are those arising at
Kermanshah, where all the consular archives were destroyed during war-time,
and the Legation archives concerning them similarly destroyed. With these we
can apparently do nothing in the absence of any documentary evidence to
establish them. There are over fifty cases on that list, extending' from 1907 to
1914, mainly for highway robberies and other losses during local disturbances,
and it is said that frequent representations were made at the times of occurrence
to the local administration, while the total amount claimed is assessed at
380,244-30 krans. These claims are mostly by Orientals, but there are among
them some important items for highway robberies by Messrs. Sykes and Co for
40,000 krans in 1912; Messrs. David and Sons for 21,927 krans in 1912-
Messrs. Ziegler for 14,000 krans in 1911-12; Messrs. Isaac and Co. for
27,000 krans in 1910; besides smaller claims by Messrs. D. Sassoon and Co., the
Anglo-Persian Oil Company and even by His Majesty’s Government; there is
also one by Consul McDouall for 7,635 krans supplementary to his claim
(Legation Claim No. 69) for evacuation losses. Here again some of the claimants
might be prepared to furnish additional evidence from their books of the losses
they originally claimed for.
27. The examination of the consulate claims shows then that of the 626
claims originally lodged with our consulates in Persia in respect of losses and
outrages of one kind or another suffered by British subjects or British-protected
persons, or their property, in the past, only 274 are now deemed eligible for
inclusion in categories (ci) and (5); while some 350 placed in category (c) or
unclassified are not now deemed capable of being advanced, owing to the neglect
of the Persian authorities to afford any remedy to the injured parties af the
time, and the loss or disappearance since of any sufficient evidence to enable them
now to be pursued. And, further, that of the 274 cases returned in categories 'a)
and (b) some are in respect of offences which it is doubtful can be laid at the
door of the Persian Government, while others are supported by evidence so
incomplete as to be insufficient for the purposes of an arbitral tribunal thus
involving a further reduction in the number of claims available for this purpose
This lack of documentary evidence is commented on later in paragraphs 31 to 36