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Religious Discrimination
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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.