THE GREEKS OF ISTANBUL

 

* Religious Discrimination

 

* Charitable Institutions

 

 

ORGANISATION ON SECURITY & COOPERATION IN EUROPE

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OFFICE FOR DEMOCRATIC INSTITUTIONS & HUMAN RIGHTS

 

IMPLEMENTATION MEETING ON HUMAN DIMENSION

 

WARSAW, OCTOBER 26 - NOVEMBER 6 1998

 

Religious Discrimination

 

This current year coincides with the 75th anniversary of the signing of the Lausanne Treaty. Also, on the 29th of October, 1998 there is the completion of 75 years from the establishment of the Turkish Republic. A Republic that during these 75 years has been done nothing else but to commit violations of the rules of the International Law and show disrespect to its own signatures.

It may be suggested a routine our annual presence in order to demonstrate the Turkish violations. But this might create speculation to the respectable audience so as to be realised that the committed crime of ethnic cleansing is not instant, as in the case of  the nations recently created by the dissolution of  other countries, which are accused of committing crimes, but instead it has become instead it has become a constant reality.  This problem begins its existence since the establishment of the Turkish Republic, not to be mentioned earlier, and continues with a steady rate nowadays. And it is going to continue unless OSCE and the other Organisations take measures required to similar cases.

Apart from the Lausanne Treaty, Turkey has signed the European convention for Human Rights and several agreements issued by the CSCE, that guarantees freedom of religion. In spire of these guarantees, the Turkish government is interfering with the religious freedom of the Greek community in Istanbul.

Article 40 of the Lausanne Treaty specifically, guarantees the Greek minority the right to establish and control religious institutions. The Geneva 1991 CSCE Meeting of Experts on National Minorities included among fundamental rights of minorities the right to establish and maintain their own religious institutions. And yet such control is not permitted by the Turkish government.

In 1923, the Turkish government agreed that the Greek Orthodox Patriarchate could remain in Istanbul, provided that the Patriarch confined himself to religious affairs. It  is unacceptable that Turkey insists on not recognising the fact that the Patriarchate is also ecumenical and the spiritual head of 300 million Christian Orthodox.

An extremely serious problem is the closing, in 1971, of the Halki Patriarchal School of Theology, trained clergy for the Ecumenical Patriarchate.

While it was expected the settlement of the issue, a serious problem was created when on the 15th of October 1998, after a resolution of the Turkish authorities, the legally and unanimously elected administrating committee of the School was obliged to discontinue to exercise its duties on the account of the organisation of environmental conferences note worthy in the presence  of the Duc of Edinburgh and Prince Charles of the United Kingdom.

Greek Orthodox priests are not permitted to enter the Greek schools.

Apart from that, churches and «holy springs» are condemned and destroyed in order to widen roads or build parkways, cemeteries are vandalised, churches are robbed and many valuable holy items are stolen. As an example we can show the demolition of the holy spring of St. Nicholas, in September 1997 and the setting of the holy spring of St. Therapon on fire with the subsequent murdering of its sexton, in December 1997. Another holy spring of the Assumption of the Virgin Mary is confiscated by the authorities,

whilst efforts are being made for the demolition of the holy spring of  the Birth of Virgin situated in.

It should also be noted the fourth breaking into the church of St. Nicholas in the area of district of Phanar, with the result that many holy icons to be stolen and o Gospel, as well.

On the 5th of July «anonymous people» threatened the sexton of the holy spring of the Virgin Mary (Vlachernae). He was forced to open them the door of the shrine from where the holy icons were stolen. Finally, a typical characteristic of our neighbours, maybe unique on this planet, apart from the systematic theft of holy sacristy and mementoes is the sacrilege of pillage of cemeteries. Apart of the horrific outrages committed in September 1955, during the last decade we have witnessed the demolition of many cemeteries. The greater damage was created in August 1993 when many graves were destroyed in the Greek cemetery in Yenikeuy, but also more recently, this year in March 1998 in the cemetery of Kurtulus.

When in 1992 the new Patriarch Bartholomeos was enthroned, a systematic psychological war started against the Patriarchate. Bishops and clergy are called by Turkish authorities for interrogation. Persons throw stones and bombs to the Patriarchate and threaten that they will burn it. In the last attempt of December 1997, apart from serious damages to the building there was also one deacon seriously wounded.

We should also mention that recently the Turkish authorities have confiscated the  property of the Greek - Orthodox monasteries, which are mainly situated in the Princes Islands.

All the above - mentioned events take place on the threshold of the 21st century in a country which wants to be member of the European Union. These actions committed by the formal state of Turkey not only bear a sign of criminality, but also are actions encouraged and caused by the very state or even more specifically  the urban guerrillas.

We refer to events taken place during the last twelve months, because from this chair, like every year, we present them in front of you, with the hope that OSCE take the required measures to be imposed , and because also , time is against us. From 120.000 Greek inhabitants in Turkey 75 years ago, now only a few Greeks remained there.

Therefore, we make a plea to all of you the democratic and sensitive citizens, to help us to leave peacefully in our native country, without fear and pressure and to freely exercise our religious duties.

 

Charitable Institutions

 

Article 40 of the Lausanne Treaty guarantees the Greek minority in Turkey the right to establish, manage and control charitable institutions. The report of CSCE Meeting of Experts on National Minorities in 1991 in Geneva spelled out fundamental rights of minorities, including the right to establish and maintain their own cultural institutions, organisations and associations.

In spire of what the international treaties state, Greeks in Istanbul continue to suffer of interventions. Greek charitable institutions have neither the right to freely manage and control their property, nor to own or to sell them.

In 1935 they passed a law which decreed that no one could any longer donate property to the charitable institutions.

When the law concerning charitable institutions was put into effect, Institutions were asked to declare their properties. Until 1967, the institutions could acquire property from donations. In other words, when someone donates a property to an institution, this is registered  in the cadastre, under the name of the specific institution. Since 1967 and afterwards all the property was claimed by the Turkish State. This happens because they make use of the law 106271921 «concerning retaliations». This law presents measures that could be taken by the Turkish Government as retaliation in case that a foreign country, and on the specific occasion Greece, offends or restricts the interests of Turkish citizens.

So, in 1970’ s, the Turkish Government proceeded to the annulment of testaments, and in this way the authorities, through legal proceedings, started the confiscation of the legacies of the minorities. At the same time, when all the institutions sell out any property legally possessed, the money is blocked in a bank account and the beneficiary receives only the interests.

In 1967 they enacted a «Charitable Foundation Law». Article 74 states that communal property founded by a group and aimed at «the enforcement of a certain race or minority» would no longer be recognised as a charitable foundation. This in fact is a typical discriminatory law and we do not think that a similar one can be found elsewhere in Europe.

The same year they passed another law decreed a surtax of 5% on the income of all charitable institutions.

In 1971 the Turkish Supreme Court confirmed that minorities no longer have the right to acquire new properties.

In 1974, after the judgement of a trial of the Baloukli Hospital Foundation, which is one of the most important charitable institutions of the Greek minority in Istanbul, all the possessed property after 1936, were annulled legally. As a consequence, all the properties possessed by the institutions from 1936 to 1974 were confiscated, most of it without compensation of their real value, and the worst is that compensation is demanded  because all of these years this property exploited by the specific institution. The properties confiscated from Baloukli after 1974 until today amount to 132.

In this way, from 1974, the declaration of properties submitted by the institutions in 1936, was considered as act of concession. But, because all the properties after 1936 did not have this act  of concession started to be claimed by the Authorities. This act is not compatible neither with the law concerning legacies nor with the Civil  Code.

In 1981, the President of the Turkish republic Kenan Evren, after suggestion of the chief of USA Arm Forces, General Rogers, with a top confidential circular orders that the confiscation of properties possessed after 1936 should be stopped, and besides, possible negative judgements taken by Turkish courts should not be enforced. But this decree was never put into effect by the juridical authorities, simply because it was never publicly known.

In general, it can be claimed that in reality in Turkey there is no law which could forbid the acquisition of properties by the minority charitable institutions. But in this specific country, which desires to become a full member of the European Community, in the 21st century, there is no rule of law.

In order to continue their function and maintenance all the charitable institutions, financial funds are required, which are guaranteed by the income of the legacies attached to them. If, therefore the Authorities confiscate the mentioned legacies, the function of all these institutions becomes problematic.

For all these reasons, we ask once again, from all the present representatives of countries - members of OSCE, to press Turkey to respect the International Law.