Coll 28/95 ‘Persia. Relations with H.M.G. Private claims against H.M.G.: case of the S.S. “Kara Deniz”.’ [‎105v] (210/691)

In each case the claim is prefaced by a statement by the consul setting out
the facts. Often this gives a full description of the claim, the manner in which
it arose, the steps taken and the views of the consul as to the liability of the
Persian Government; in many cases, however, the description is meagre and
incomplete. This statement is usually signed by the consul, and might then be
deemed evidence compiled from the consulate records; but in the case of Shiraz
(which returns most claims) it is not signed. To this statement such evidence as
is available is attached, and consists as a rule of certified copies of correspondence
and other documentary proof; in the case of Shiraz, however, this evidence is
embodied in the consul’s statement (a rather inconvenient form). In a good many
instances the copies are not certified as correct, whether by oversight or not is
not mentioned; it may be that this is due to the original documents not being
now available, but, if so, this should have been stated for our information.
It might perhaps be premised that (apart from the question whether a
particular offence might justify a claim on the Central Government) the following
evidence would be desirable for the establishment of a claim :—
(1) The claimant’s original representation, setting out the facts, the date of
the occurrence, details of the property lost or other damage done,
with their estimated value, as well as proof of the claimant’s British
nationality.
(2) The evidence of any witnesses to the occurrence—muleteer, camelman or
others present.
(3) The notification made to the local authorities with such correspondence
as took place.
(4) The notification to His Majesty’s Legation, for inclusion in the annual
statement furnished to the Persian Government, or it might be special
representation.
(5) The sworn deposition of the claimant, if necessary, testifying to the
validity of his claim.
This numeration is accordingly adopted in the annexed statement of claims
in dealing with the evidence furnished. It will be seen that in a great many
cases the evidence is defective in one or other of these respects. In general it
might be said as regards—
(1) We are not always furnished with the precise facts of the case or the
precise date of the occurrence; and where a precise date is given it
is not always clear whether this is the date of the occurrence or of
the claim made; while in no case is there any separate proof of the
claimant’s British nationality, apart from his description as such, or
(mostly in the case of Orientals) that he is registered in the consulate
as such.
(2) The evidence of witnesses is mostly wanting; though in the case of the
highway robberies mention is sometimes made of the availability of
the muleteer to make such a statement, or that his declaration cannot
now be traced.
(3) The date of notification to the local authority is usually given, but the
correspondence which passed is often fragmentary or entirely
wanting.
(4) The date of notification to the Legation is usually given, but not the
correspondence, while the date given appears often to be the final
date, after all local remedy had been exhausted. In cases prior to
1911 the Legation archives (which we have here up to the end of
1910) provide some slight additional evidence regarding the action
taken at Tehran, but usually the representations made by our
Legation to the Persian Government seem to have been of a general
character, calling for early settlement of blocks of claims which had
arisen in some district without naming them specifically; sometimes
the Persian script alone appears, and sometimes the papers are
missing from the volumes of correspondence. But most claims arose
subsequent to 1910, and in these the Legation furnish no additional
correspondence from their archives, though their register (which we
have up to 1913) mentions several; in that year a new system was set
up under which the Persian Government were supplied annually with
a tabular statement of the claims unsettled at the various consulates.