File 5257/1919 'Persia: the Military Commission' [‎49r] (102/534)

31
tr j al “itak
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nd in the ca*,;
ions to the a«n
U be heard after;
Commmmi
Form of Oath.
T “ T > s ° a T n d so, here present, call to witness the Most High, All-Seeing God and
tne i,ast of Holy Prophet, and swear by the Sacred Koran, without regard to friend-
ip, relationship, or personal gain, that I shall give evidence conscientiously in this
oase, an 1 shall not keep back any knowledge I possess, and I shall keep in view
tnat m this case I am responsible to the Most High God and the Law, and in witness
ot the truth of my witness I kiss the Holy Koran. 5 *
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a Court).
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ie president,
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ng Exammtm
during examkti
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e following *
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dor by the sf
Section 4. Method of Procedure in Reference to Court-martial.
Article 39 .—Summoning accused before a Court-martial.
The duty of summoning the accused before a Court-martial belongs to the Officer
Commanding the administration concerned. Even the prosecution (in a Field
Lreneral Court-martial) has not this power. The accused shall be brought before
■the court m the following manner :—
(1.) Privates and n.c.os. may be summoned by a Pegimental Commander;
junior and senior officers will be summoned by the General Officer Com
manding a brigade or division; and general officers by the Minister of
War. J
(2.) The officer responsible for handing over the accused to the court is the Officer
Commanding of accused at the time the alleged offence was committed.
(3.) The above-mentioned officers when summoning an accused person before a
Court-martial possess all the ordinary powers of a Commanding Officer.
(4.) Officers commanding independent detachments have the power to summon
an accused without preliminary enquiry by a military examining officer
(i.e., without summary of evidence ”). They can act in all matters
pertaining to Eegimental Court-martial or Brigade or Divisional Court-
martial only when accused is in military service. They have no jurisdic
tion in crimes committed by civilians.
It is necessary that the offence in question be correctly and clearly entered on the
charge sheet (vardgeh-i-taqiqat) which will be delivered to the court.
In all other cases (i.e., in Brigade or Divisional Court-martial) the accused shall
be brought before the court by the Officer Commanding of the independent force
concerned, but with the approval of the prosecutor (procureur general, mudai id
umum). Afterwards the summary of evidence 55 must be sent to the frocureur
general, and the latter must return the same with his opinion to the convening officer
within seven days and the convening officer will pass the documents to the court. If
the guilt of accused is not clear from the <c summary of evidence, 55 it will be sent to
the officer who ordered the preliminary enquiry.
rtial:
1 retrea V 5
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Opinion of Proeureur general.
At the end of the iC summary of evidence 55 the procureur general will record
his opinion as to whether the accused should be brought before a Regimental or
Brigade or Divisional Court-martial, with the sentence which should be inflicted in
accordance with the rules of discipline. Further, he may recommend that the case
be stopped, or adjourned, or, finally, that it does not come within the scope of a
Court-martial.
The convening officer must give effect to the decision of the procureur general
within seven days.
In case of a difference of opinion between the convening officer and the procureur
general :—
If the convening officer orders the accused to be tried, the procureur general
cannot object but must forward the statement of the case and the charge to
the court.
If the procureur general advises that the case be sent for trial and the convening
officer does not agree, the documents are passed successively to the Brigade,
the Division and the Army Corps Commanders, and finally to the Minister
of War, until the opinion of one of these agrees with that of the procureur
general. If the Minister of War also differs from the latter, the case will
be referred to the General Court-martial, where a decision will be given
whether accused is to be tried or not.