U.S. Human Right Commission urge Turkey to Implement European Court Decision and to go Forward with Reforms

Washington D.C./USA | 12.09.2008 | APD | Religious Liberty

The United States Commission on International Religious Freedom (USCIRF) has monitored and reported on the development of religious freedom concerns in Turkey and calls on the U.S. government to urge the Turkish government to implement the recent European Court judgment as soon as possible. The U.S. Commission is a government entity created by U.S. Congress.

The European Court of Human Rights ruled unanimously this summer in a case brought by the Greek Orthodox Ecumenical Patriarchate that Turkey was in violation of Article 1 of Protocol No. 1 (protection of property) of the European Convention on Human Rights. The case concerned an orphanage on the Turkish island of Buyukada owned by the Ecumenical Patriarchate, the body that is the spiritual leader of almost 300 million Orthodox Christians worldwide.

"This is a landmark decision for the rights of all religious minorities in Turkey, not least because it recognizes the rights of the Ecumenical Patriarchate as a legal entity," said Commission Chair Felice D. Gaer. "The Commission calls on the U.S. government to urge the government of Turkey to demonstrate its commitment to observe the rule of law for all citizens of Turkey by implementing this important ruling."

During the Commission’s November 2006 visit to Turkey, though people from almost every religious tradition said they were free to gather and worship as provided for in the country’s constitution, but the Commission also learned of significant restrictions on religious freedom for religious minority communities that violated those rights. Among them are state policies and actions that deny non-Muslims the right to own and maintain property, to train religious clergy, and to offer religious education above high school.

Many of the most serious problems faced by religious minorities in Turkey involve property rights and ownership. The Turkish state has consistently used convoluted regulations and undemocratic laws to confiscate—without opportunity for legal appeal or financial compensation—thousands of religious minority properties, particularly those belonging to the Ecumenical Patriarchate and Greek Orthodox community under patriarchal jurisdiction. Turkey’s policies have led to the decline—and in some cases, virtual disappearance—of some of these religious minorities on lands they have inhabited for millennia.

"It is hoped that the ruling by the Constitutional Court will enable the government of Turkey to resume the path toward democratic reform and respect for the human rights of all persons, regardless of their religious conviction or affiliation. Swift and full implementation of this recent judgment of the European Court of Human Rights on the property rights of the Ecumenical Patriarchate would be an important first step in demonstrating genuine commitment to that reform process," Gaer said.

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