Foreign Relations of the United States: Diplomatic Papers, 1942, The Near East and Africa, Volume IV

891.00/1946

The Iranian Legation to the Department of State

Washington, [undated.]

The British Legation in Teheran approximately five months ago asked that six persons—Government employees and merchants—who were believed to be Axis sympathizers, be delivered to the British. The Government in power at that time reached the conclusion that these persons should be exiled to Kerman and some other remote spot. As one of them escaped, the British asked that the others be transported to a place where a British armed force was present. So they were transferred to Kermanshah. A few days later the British arrested them. We do not know exactly how or where they are.

Over a month ago the British asked that eighteen more persons should be turned over to them. Later on they said that they understood from the words of the persons arrested and questioned that other persons had been their accomplices and a list of forty-five persons was presented. But apparently no suspicion of foreign relationships could be attributed to them.

On August 5th the British Minister took up the question with the Prime Minister. He replied that to prevent any eventual activities which might be attributed to these persons, we would arrest all of them, but we would like for you to give us the documents you possess against them to enable us to investigate the matter in your presence. Those men mentioned in the list were arrested immediately.

On August 7th the British Minister presented a written request saying that as a result of the instructions he had received he would like to have these persons turned over to the British. After the discussion the following conclusions were reached:

1. Those having Axis nationality should be delivered to the British.

2. The others should be kept in custody in Teheran where the British could verify their imprisonment.

3. The British should present to the special commission designated to investigate the matter the incriminating documents which they said they had.

The British Minister in accepting the fore-going conclusions proposed that, if possible, the above mentioned suspects should be imprisoned in a city where a British armed force was present. But in view of previous experience the Iranian Government did not accept this proposition.

After having turned over to the British the non-Iranians, the British were requested to present the above mentioned documents. The British Legation asked that the Iranians be transferred to Arak where their General Staff had its Headquarters in order that a joint inquiry could be made. They promised also to bring there the other persons who were arrested directly by the British. But in view of the aforementioned precedent, and especially as it was against public opinion and that of the Madjless, and contrary to existing law, the Government could not deliver to a foreign army a number of Iranians whose culpability had not been established.

In reply to the British Minister’s note a counter proposition was made, as follows:

1. The suspects should be given to the military governor in the actual place of their custody and they should be taken to a garrison under military arrest and surveillance.

2. The British could participate in their guard and questioning.

3. Those found to be innocent after the inquiry should be set at liberty immediately.

4. Those whose guilt is established should remain in custody under joint Irano-British supervision and to have no outside communication.

But the British are not willing to accept this proposition.

The Iranian Government in good faith and willingness to collaborate could not accept the British demand because there is no such provision in the treaty and no legal way of doing so.