Coll 28/95 ‘Persia. Relations with H.M.G. Private claims against H.M.G.: case of the S.S. “Kara Deniz”.’ [‎88r] (175/691)

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have the effect of translating 18 of their claims placed in category (b) into
category (a), and which gives additional validity to five of their claims placed in
category (c).
21. These differences doubtless arise from differences of opinion in different
minds as to the degree of exactness requisite to form a claim valid both in
substance and in evidence, as claims placed in category (a) might be presumed to
be; and to this former habits and customs in Persia in the making of claims have
probably contributed. But while weight must seemingly be attached to the views
of the consuls on the spot that the claims they have placed in category (a) are
claims which (in the words of the Legation circular of 1924) either arose from
the action or inaction of the Persian Government or its officials, or otherwise lie
clearly against that Government, it is evident that in dealing here with such
claims they can only be dealt with according to their legal sufficiency or
insufficiency, on the evidence available, or which may yet become available, to
meet the test of whatever tribunal they may be eventually brought before. It is
to be feared, therefore, that the number of those placed in category (a) by the
consuls will suffer further reduction on this account.
22. Category (b).—The claims placed in category (b) are returned by five
consulates alone, viz., Isfahan, Kerman, Shiraz, Tabriz and Yezd—as lying
clearly against the Persian Government, though not backed by really complete and
adequate evidence. They number 72 cases, relating almost entirely to highway
robberies, though a few are for other forms of robbery, and one for war-time
depredations in Urumia. They may be classified as follows, distinguishing again
between those which occurred in peace-time and war-time.
Peace-time (62 cases).
Highway robberies, 1907 to 1921 (57 cases): 366,312-91 krans,
£4,328 Os. lid.
Caravanserai A roadside inn providing accommodation for caravans (groups of travellers). robbery, 1911 : £35.
Civil disturbances. Kazerun, March 1914 (2 cases): 2,062-50 krans
£1,079.
Tribal raids, 1912-13 (2 cases) : 21,767 krans.
War-time (10 cases).
Highway robberies (9 cases): 124,679-07 krans, £2,367 3s. Od.
Urumia, depredations in : 200,000 krans.
23. These category (6) claims, some of which cover more than one claimant,
yield an aggregate of peace-time claims of 390.142-41 krans, and £5,442 0s. lid.
—and of war-time claims of 324,679 -07 krans, and £2,367 3s. 0d.; or a combined
total of 714,821 -48 krans, and £7,809 3s. lid. The evidence furnished in support
of them, though incomplete, is in a good many instances not very different from
that furnished in some of the category (a) claims, and it is set out in the volumes
Consulate Claims in each case. The reasons assigned by the consuls for placing
the claims in category (£>) are as follows :—
At Isfahan, because the claimants have not responded, or have been
unable to respond, to requests made in 1925 that they should furnish further
affidavits in support of their original claims, which are nevertheless just
claims, never disputed.
At Kerman, because the claims are old and the claimants difficult to
trace or dead.
At Shiraz, because firms being in liquidation the liquidator is now
unable to furnish affidavits; or because the correspondence, or part of it.
with the local administration cannot now be traced; or because the local
administration never replied to the representation made; or because the
muleteer’s statement is not now available; or because the robbers came from
a neighbouring jurisdiction, &c. : the claims being nevertheless just claims
against Persia.
At Tabriz, because the claim is not backed by complete and adequate
evidence.
At Yezd, because the claim fell to be dealt with by another British
consulate; or because the identity of robbers and the locality of the
occurrence does not appear.
[11541] c