Page:United States Statutes at Large Volume 47 Part 2.djvu/239

 CONVENTION-AMERICAN RIGHTS IN IRAQ. JAN. 9, 1930. 1845 THE AGREEMENT. ScbIdaJe n-CODtd. W HEBEA8 a treaty of alliance between His Britannic Majesty and His :Majesty the King of Iraq was signed at B~dad on the 10th of October, 1922, corresponding with the 19th day of Sa'far, 1341, Hijrah, and a protocol to the same treaty was signed at Bagdad on the 30th day of April, 1923, corresponding with the 14th day of Ramazan, 1341, Hilrah; and WHEREAS by article 9 of the said treaty His Majesty the King of Iraq undertakes that he will accept and give effect to such reason- able provisions as His Britannic Majesty may consider necessary in judicial matters to safeguard the interests of foreigners in conse- quence of the non-application of the immunities and privileges enjoyed by them under capitulation or usage, and that such fro- visions shall be embodied In a separate agreement which shal be communicated to the Council of the League of Nations : Now THEREFORE it is agreed as follows:- ARTICLE 1. The expression " foreigners" means the nationals of any European or American State which formerly benefited by capitula- tions in Turkey and did not renounce the same by an agreement signed before the 2-!th J ulv, 1923, and of any Asiatic State which is now permanently repreSented on the Council of the League of Nations, and includes corporations constituted under the laws of such States, and religious or charitable bodies or illEt.itutions wholly or mainly composed of nationals of such States. Nothing in this article shall prevent the conclusion by His Majesty the King of Iraq in agreement with His Britannic Majesty of a special convention with any State providing for the extension of the benefits of this agreement to nationals and persons enjoying the protection of that State or for the non-application of this agreement to nationals of that State. .ARTICLE 2. His Majesty the King of Iraq undertakes to employ British legal experts in the Courts and to grant them judicial powers under the laws of Iraq and that the procedure now observed in the Courts in regard to the investiQation of offences and the trial of cases and other matters in whIch foreigners are concerned shall continue and be put into force by law, that is to say:- (a.) That foreigners accused of an offence (other than a contrav~ntion) which is within th~ jurisdiction of a
 * AIagistrate may claim to be tried by a British Magistrate.

(b.) That foreigners accused of an oiIence which is beyond the jurisdiction of a Magistrate may claim that the interrogation during the preliminary Investigation shall be undertaken and that the orders as to their release on bail and as to their committal for trial shall be made by a British Magistrate. (c.) That fomigners committed for trial may claim that their trial shall be held before a Court which inch~des at least one British Judge, who shall preside.