Russia Takes Sides In Armenian Elections

RUSSIA TAKES SIDES IN ARMENIAN ELECTIONS

Kommersant, Russia
April 9 2007

Campaigning for elections to the national assembly officially started
yesterday in Armenia. The elections will be on May 12. They are
considered a practice run for next year’s presidential race. Armenian
authorities have begun early with a hard push for the ruling Republican
Party, headed by Prime Minister Serge Sarkasyan. Russian officials
have also thrown their weight behind the party.

There are 1314 candidates from 24 parties and blocs competing for 131
seats in the Armenian parliament. The surge of enthusiasm is due to the
fact that Armenian President Robert Kocharyan’s term ends next year,
and everyone in the parliament will then have a shot at the presidency.

The Republican Party is headed by former defense minister and current
prime minister of Armenia Serge Sarkasyan. He took over as prime
minister after the death of Prime Minister Andranik Margaryan from a
heart attack on March 25 and quickly drew attention to himself as a
potential successor to Kocharyan. Sarkasyan has received the personal
endorsement of the president and members of his administration.

Of the 14 parties competing for seat in the parliament, only six
are expected to succeed – the Republican Party, Prosperous Armenia,
Dashnaktsutyun Armenian Revolutionary Federation, the Country of
Legality, National Unity and the People’s Party, predicted presidential
adviser Garnik Isagulyan. Prosperous Armenia is led by Gagik Tsarukyan,
the richest person in Armenia and chairman of the national Olympic
Committee. Analysts consider it a creation of the authorities as a
backup incase of a setback to the Republican Party.

So far, there are no setbacks on the horizon for the Republican
Party. Russian Foreign Minister Sergey Lavrov was in Armenia last
week and expressed the Russian government’s support for Sarkasyan.

Russia traditionally plays an important role in the internal affairs
of Armenia. Several other Russian officials have voiced support for
Sarkasyan since then, including Prime Minister Mikhail Fradkov and
head of the Audit Chamber Sergey Stepashin.

www.kommersant.com

NKR President Congratulates Serge Sargsyan On Appointment As RA PM

NKR PRESIDENT CONGRATULATED SERGE SARGSIAN ON APPOINTMENT AS RA PM

DeFacto Agency, Armenia
April 9 2007

The Nagorno-Karabagh Republic President Arkady Ghoukassian sent Serge
Sargsian a congratulatory message in connection with the latter’s
appointment as RA PM.

According to the information DE FACTO received at the NKR President’s
Press Office, Arkady Ghoukassian had wished RA new PM successes,
expressing assurance that being at eminence and major post of RA
PM Serge Sargsian would use his rich experience, knowledge and
devotion for the welfare of the Armenian people and the successful
implementation of national tasks and programs.

May 9 Karabakh Veterans To Receive Lump Assistance

MAY 9 KARABAKH VETERANS TO RECEIVE LUMP ASSISTANCE

DeFacto Agency, Armenia
April 9 2007

The Nagorno-Karabagh Republic government has adopted a resolution on
granting lump monetary assistance to separate precarious categories
of the NKR population in connection with the Day of NKR Defense Army,
15th Anniversary of Sushi’s liberation and Victory Day on a scale of
91 millions drams.

The invalids of the Great Patriotic War and those, who have been
conferred the same status, will receive by 16 000 drams, the
participants of military operations will be granted by 13 000, the
persons, who have been given the same status and the widows of those,
who died in the Great Patriotic War, will be granted by 11 000 drams,
the families of those perished during the defense of NKR or the
servicemen, who were killed on duty (those, who have been conferred
the same status) will be given by 16 000 drams. Those, who became
invalids while participating in military operations and the defense
of NKR, will be granted by 10 000 drams as lump monetary assistance.

Single pensioners, who do not work, will get by 5 000 drams,
KarabakhOpen reports.

BAKU: Terror Free Tomorrow: US Congress Armenian Genocide Resolution

TERROR FREE TOMORROW: US CONGRESS ARMENIAN GENOCIDE RESOLUTION WILL HAVE OPPOSITE EFFECT

Azeri Press Agency, Azerbaijan
April 9 2007

The Terror Free Tomorrow held public opinion survey in Turkey, APA
US bureau reports. According to the first nationwide public opinion
survey of Turkey, US Congressional passage of Armenian resolution
would actually set back the cause it purports to achieve.

73 percent of Turks think a resolution will have the opposite effect
and actually worsen relations between Turkey and Armenia. The genocide
resolution will damage US interests in the Middle East.

According to the poll, US parliamentarians should be persuaded that
this step will worsen US-Turkey relations. The poll conducted by
the organization in 15 Turkish provinces in January-February, 2007
shows that 78% of the respondents protest against the adoption of
any document on alleged genocide. 42% of the respondents consider
that the Congress can not be unbiased on this issue, 36% thinks that
‘genocide’ was not committed and 18% considers that historians should
make decision about it.

If the Congress votes for the document on so-called genocide,
83 percent would oppose Turkey assisting the United States in
neighboring Iraq. 78% will boycott the US products and vote for
candidates unapproved by official Washington.

11% of the respondents said they will not take any measures.

30% people approves freezing of diplomatic relations between Ankara and
Washington. 73% of the respondents said this step will damage relations
with Armenia and 84% said positive opinion about the US will change.

John McCain, US Senator, candidate for 2008 presidential elections and
co-chairs of the commission investigated September 11 events Thomas
Kean and Lea Hamilton are the members of the consulting council of
the Terror Free Tomorrow,Inc.

ANKARA: Justice Boat To Sail In Istanbul

JUSTICE BOAT TO SAIL IN ISTANBUL

The New Anatolian, Turkey
April 9 2007

"Justice boat" will symbolically try the perpetrators of 1 May 1977
and Sivas bloody incidents as well as assassination of journalists
Ugur Mumcu, Hrant Dink and other intellectuals murdered.

Turkish Union of Engineers’ and Architects’ Chambers (TMMOB) informed
that the aim of the justice boat project is to draw attention to
unsolved cases. The boat will be sailing ports of Istanbul between
April 10 and 13 to host symbolic hearings.

Attorney Rasim Oz who is also among the jury of the "Justice Boat"
said that justice still didn’t procure for many cases including 1
May 1977 incidents, assassinations of journalist Ugur Mumcu, the
president of the Federation of Revolutionary Trades Unions (DISK)
Kemal Turkler, Armenian newspaper editor Hrant Dink, Professor Bahriye
Ucok and Susurluk accident.

"We have been looking for justice on land," Oz said. "From now on we
will look for justice in the sea and perform symbolic hearings."

Justice boat will be in Kadikoy port on April 10, to hear "Susurluk
and Semdinli cases." On April 11 in Bakirkoy Port the symbolic court
will review "cases on Gazi, Maras, Sivas and Corum incidents" and
on April 12 the boat will first hear assassinations in Bostanci port
and then move to Besiktas port to review 1 May 1977 incident.

It is noted that Ferhat Tunc, Eren Keskin, Ilkay Akkaya, Mazlum Cimen,
Suavi, Perihan Magden, Halil Ergun, Fehmi Isiklar, Yasar Seyman and
Switzerland’s UNI Union head Jacques Robert will be the jury of the
symbolic court.

BAKU: Armenian Forces Violate Ceasefire Again

ARMENIAN FORCES VIOLATE CEASEFIRE AGAIN

Azeri Press Agency, Azerbaijan
April 9 2007

Armenian Armed Forces fired on the positions of Azerbaijani Army and
Tap-Garagoyunlu village of Goranboy from the occupied Talish village
of Tartar for an hour from 00.00 last night. The enemy was silenced
by response fire of Azerbaijani forces.

Local residents told the APA the village has been fired every day
from March 31. The enemy targets houses mainly.

From: Emil Lazarian | Ararat NewsPress

Turkish-Armenian Concert Canceled Due To Threats

TURKISH-ARMENIAN CONCERT CANCELED DUE TO THREATS
Debbie Lehmann

The Brown Daily Herald, RI
April 9 2007

A Turkish-Armenian concert scheduled for Friday was canceled on
short notice after the Armenian musicians and the president of the
Armenian Students Association received threats from members of the
Armenian community.

ASA and the Turkish Cultural Society organized the concert, titled
"The Armenian Composers of the Ottoman Period," to promote dialogue
between their communities. The concert was dedicated to Hrant Dink,
a Turkish-Armenian journalist who was assassinated in January outside
his newspaper office by a Turkish nationalist who later confessed
to the killing. Dink had been a target of nationalist anger for his
articles about the mass killings of Armenians by Turks in 1915 that
many have called a genocide.

A member of TCS, who requested anonymity because of the sensitive
nature of the situation, told The Herald the groups started talking
about co-sponsoring the event roughly six months ago after members of
TCS wrote a column in The Herald that touched on historical relations
between Turks and Armenians. The two groups then began discussing
the need for joint events to encourage conversation, according to
the TCS member.

The TCS member wrote in an e-mail to The Herald that the Armenian
musicians and the president of the ASA did their best to resist the
"warning messages" they received. However, he wrote that "the situation
got serious," and the musicians, followed by the ASA, withdrew from
the event. The musicians and the ASA are now "in a very difficult
position against some parts of their community," he wrote.

Ruben Izmailyan ’09, president of the ASA, said he was disappointed
the event was canceled but declined to comment further.

TCS is also "very sorry the event did not happen," the member wrote
in his e-mail.

"For people who had issues, I think that the appropriate response
was not to attend, instead of forcing it to cancel," he wrote. "I
think this was an honest effort on both sides aiming at nothing but
to enjoy common music and food and make friends regardless of views
on the past."

The member went on to write that he finds it "illogical" that people
in both the Turkish and Armenian communities asked the other side to
change its views before considering dialogue.

"I thought dialogue was about talking, negotiating and persuading
each other," he wrote. "There is a clear contradiction."

Still, efforts to plan the event were not entirely useless, the
member wrote. TCS received messages of support from both Armenians
and Turks. One Armenian woman did not hear about the cancellation and
still came from Cape Cod for the concert. In addition, TCS members went
out to dinner and engaged in conversation with an Armenian medical
student at Brown, who also came to the concert without knowing it
had been canceled.

TCS members have a wide range of views about Armenian-Turkish
relations, the member wrote, but they agree that "healthy, constructive
dialogue is needed for a solution." TCS will continue to look into
ways to create this dialogue, the member wrote.

"Now, I am convinced that bringing open-minded, reasonable people of
both sides together is the solution," he wrote. "If not, those people
would not be so afraid of it."

edia/storage/paper472/news/2007/04/09/CampusNews/T urkishArmenian.Concert.Canceled.Due.To.Threats-282 9725.shtml

http://media.www.browndailyherald.com/m

Wasted Threats

WASTED THREATS

The Brown Daily Herald, RI
April 9 2007

Students without ties to the Armenian Students Association or the
Turkish Cultural Society may not have even known the groups were
planning a concert for Friday night, much less that it was canceled.

But the joint effort represented the Brown student organizations’
attempt to contribute to a larger effort to reconcile historic
divisions between Turkish and Armenian communities over past
injustice. The concert’s cancellation in the face of threats and
opposition represents the loss of an opportunity to take a step
forward that would have been meaningful for the local Turkish and
Armenian communities.

We know it is naive to think this joint effort at Brown – and dialogue
alone – might help mend the rift between the two groups on a larger
scale. The heated tension, stemming from mass killings in the early
20th century that are increasingly described in this country as
the "Armenian genocide," will cool only gradually over time, if at
all. Still, despite the enormity of the global tensions, there is
hope that Armenians and Turks can come to understand each other on
an individual and local level, within their own communities.

The concert slated for Friday was just such an effort. Dedicated to
Turkish-Armenian journalist Hrant Dink – who was slain by a Turkish
nationalist earlier this year, while the concert at Brown was still
in its planning stages – it was a well-intentioned endeavor to promote
dialogue between the Turkish and Armenian communities here on College
Hill and in the surrounding area. As a member of TCS told The Herald,
"I think this was an honest effort on both sides aiming at nothing
but to enjoy common music and food and make friends regardless of
views on the past."

Threatening those involved in this attempt at dialogue and,
ultimately, forcing its cancellation helps no one and merely injures
the well-intentioned efforts of students seeking to make a small
difference.

An Ex-Outsider Hopes To Aid Glendale

AN EX-OUTSIDER HOPES TO AID GLENDALE
By Valerie Reitman, Times Staff Writer

Los Angeles Times, CA
April 9 2007

A new member of the City Council recalls that his Jewish family was
once ostracized in a town again challenged by ethnic tensions.

Campaigning for a seat on the Glendale City Council over the last
several weeks dredged up bittersweet childhood memories for John
Drayman.

A candidates’ debate took him to the Oakmont Country Club, where his
father wasn’t allowed to dine as a guest, let alone join.

An invitation to speak at a home in the tony Royal Canyon neighborhood
turned out to be at his mother’s dream home – the very one his
parents had tried to buy, only to have the sale mysteriously fall
out of escrow.

The reason: anti-Semitism. The Draymans were Jewish in a city then
overwhelmingly conservative, white, Anglo-Saxon and Protestant. In
fact, in the 1960s, the American Nazi Party opened its West Coast
headquarters in downtown Glendale.

"My father was a patient, determined man," Drayman said. His father
started the photographic restoration business the younger Drayman now
runs in the Montrose Shopping Park. "He understood the way to cope was
to outlast those people, and he did. He became a parking commissioner,
and he wanted one of his seven children" to run the city.

Drayman, whose 49th birthday is today, will get his chance when he
takes a council seat this month. He garnered the top share of votes –
23% – among eight candidates, running on a populist, anti-incumbent
platform. His aim: to make city government more sensitive to its
citizens’ concerns and heal fissures among Glendale’s many ethnic
groups.

Incumbent Dave Weaver won the other seat with 18% of the vote. The
best-financed candidate, incumbent Rafi Manoukian, was edged out with
16% of the vote, despite his war chest of $223,000.

Three other Armenian American candidates were running for the council,
possibly diluting the votes of the city’s Armenian community. People
of Armenian descent, many from Iran, make up about 40% of Glendale’s
population, the largest concentration in the country.

With the loss of one seat, Armenian Americans no longer hold a majority
on the five-member council.

"People forget that there are a lot of factions within the Armenian
American community, just like any other group," said Will Rogers,
who follows Glendale politics closely. "They didn’t get behind just
one candidate."

The Armenian community has evolved into a diverse group, with some
in wealthy neighborhoods and poorer immigrants struggling in south
Glendale.

Ethnic tensions have escalated, too. Simmering concerns about a
ban on outdoor commercial grilling have raised hackles of Armenian
restaurant owners, who believe the tastiness of their kebabs has been
a casualty. Other residents get upset when the city’s U.S. flags
are lowered to half-staff on Armenian Genocide Commemoration Day,
in recognition of the estimated 1.2 million Armenians killed from
1915 to 1918 by Turks.

And tensions have risen at high schools between Latino and Armenian
students. The race for school board was also tight: Mary Boger won
a seat with 31% of the vote, while Nayiri Nahabedian and Todd Hunt
are still in contention for the other seat, with Nahabedian leading
by 29 votes: 7,575 to Hunt’s 7,546. City Clerk Ardy Kassakhian said
2,000 provisional and absentee ballots are being counted to determine
the winner of the second seat.

Drayman is president of the Montrose Shopping Park Assn. and campaigned
door to door, avenging his narrow loss – by about 500 votes – in a
council race two years ago.

Drayman said his first-hand experiences with anti-Semitism have made
him that much more sensitive to what newer immigrants and residents
may be feeling. A flood of immigrants to Glendale since the 1970s has
transformed the city into a melting pot; by 2000, more than half of
its 200,000 residents were foreign-born, with large Armenian, Iranian,
Filipino and Arab populations.

"I understand that divide," Drayman said, noting that he had lived
through a similar division in his youth.

Turkey: Religious Freedom Via Strasbourg

TURKEY: RELIGIOUS FREEDOM VIA STRASBOURG
By Otmar Oehring

Greek News, New York
April 9 2007

Two issues remain at the forefront of attention for Turkey’s non-Muslim
religious minorities:
* whether the controversial Foundations Law will be adopted (and if
so in what form);
* and whether the authorities will take any steps towards religious
freedom and towards recognising the legal status of religious
communities in the wake of a momentous 9 January ruling by the European
Court of Human Rights (ECHR) in Strasbourg.

In case No. 34478/97, the ECHR ruled in favour of a Greek Orthodox
community foundation running a High School in Istanbuls Fener area
(Fener Rum Erkek Lisesi Vakfý) that acquired a building in Istanbuls
Beyoglu area in 1952 by donation. The building was confiscated
by the state as a result of a court case launched by the Turkish
authorities in 1992 based on a ruling of the Court of Cassation of
1974 referring to the so-called 1936 declaration on the registration
of community foundations. The ECHR held that the Foundation’s rights
to its property had been violated and ordered the property legally
returned to the Foundation or, if the authorities failed to do so,
to award compensation of 890,000 Euros. It also awarded costs of
20,000 Euros to the Foundation.

The ECHR decision is positive – even if it is quite narrow in its
scope. It shows that the Court does not accept the Turkish state’s
argumentation over the seizure of non-Muslim minorities’ property.

Significantly, even the Turkish judge at the Court had no objections
to the ruling.

The Foundation has been seeking to protect its rights through the
Turkish courts since 1992. In the wake of the rejection of this
attempt in 1996, the Foundation lodged the case at the ECHR as far
back as 1998 – an unusually long time to reach a ruling even by the
Strasbourg court’s standards. The Turkish government showed close
interest in the case, with eight representatives involved at the
court. Most probably the number of submissions from the Turkish
government prolonged the case.

Although the Turkish press speculated excitedly about changes to the
legal rights of foundations in the aftermath of the ECHR ruling,
I doubt that changes will be far-reaching: the ruling itself will
probably have an impact only on the community foundations that are
allowed to some of Turkey’s religious minorities. Even so, under the
Lausanne Treaty there is no reason why other non-Muslim minorities
should not have such community foundations. The impact on religious
freedom more broadly is likely to be minimal.

Yet far more significantly, the ruling will provide a boost to
religious minorities who will be encouraged to see the ECHR as a
route to seeking the vindication of their rights. The Ecumenical
Patriarchate has already lodged a number of cases in Strasbourg over
property and the Armenian Patriarchate is likely to follow.

In one of its cases already at Strasbourg, the Ecumenical Patriarchate
is challenging the confiscation of its orphanage in Buyukada,
Princes Islands, arguing, in accordance with the title in the land
deed – Owner: Greek Orthodox Patriarchate – that the orphanage is the
property of the Patriarchate, a right Turkey says does not exist. The
authorities do not recognise the legal existence of the Patriarchate
– whether under the name the Greek Patriarchate (Rum patrikhanesi),
as the Turkish authorities prefer, or under the name the Ecumenical
Patriarchate, to which the Turkish authorities virulently object –
and therefore claim that it cannot own property.

Experts say that it does not matter either whether the Court rules
that the Patriarchate exists (therefore it can own property), or
whether the Court rules that the orphanage belongs to the Patriarchate
(therefore the Patriarchate must exist in law). Either way the Court
will recognise the Patriarchate’s right to a legal existence.

Moreover, presuming that the ECHR will rule in favour of the
Patriarchate, this would provide a precedent that should force the
Turkish authorities to treat other religious-owned properties and
their owners in the same way.

The Vincentians, a Catholic Congregation, are also considering lodging
a case over a confiscated orphanage in Istanbul, originally run by
nuns, which it argues was church property. The Vincentians explain that
the orphanage was originally registered as the property of one of its
priests, as foreigners could not then generally buy property. After
his death, the Turkish authorities sought the seizure of all property
registered in his name and in 1991 the nuns were "shamefully" expelled
as the Directorate General for Foundations (which should never have
been involved as this property was not owned by a community foundation)
had sublet the property to a private company.

But even more crucially, potential new cases from religious minorities
are likely to tackle head-on the religious freedom itself of Turkey’s
religious minorities, not just their ownership of properties either
through their foundations or directly as for example in the case of
property of Catholic religious orders.

Progress elsewhere has been slow. During Pope Benedict’s visit to
Turkey at the end of last year, according to information given by
media outside Turkey, Vatican representatives and government officials
discussed the possibility of establishing a mixed working group to
resolve the Catholic Church’s problems in Turkey, especially over
property and work permits for clergy and nuns. Catholics in the country
heard nothing about any progress on the working group during the visit,
and on 7 January the Vatican’s Secretary of State Cardinal Tarcisio
Bertone renewed the Church’s urging to the government to initiate
the working group. The Turkish government has still not reacted at
all to the Vatican proposal – at least in public – even though prime
minister Recep Tayyip Erdogan himself proposed setting up a number
of joint working groups when he met members of the Turkish Bishops’
Conference back in 2004.

The long-running saga of the Foundations Law – which might have
resolved property problems for the foundations allowed to some
non-Muslim ethnic/religious communities – reached a new twist on 2
December, when President Ahmet Necdet Sezer, a committed secularist,
vetoed the Law which had been approved by the Turkish Parliament on
9 November.

The Foundations Law (No.5555) – which was intended to replace the
Foundations Law No.3027 of 1935 – was due to regulate the rights
of all foundations, whether Muslim or non-Muslim, though much of
the attention focused on the way it would have affected non-Muslim
foundations. Muslim foundations would have found their lives little
changed – the Law would merely have codified existing law.

Contrary to expectations, the Parliament’s version of the Law did
not offer what the non-Muslim minorities had expected over defunct
foundations, or over the property confiscated from foundations by
the state in the wake of a 1974 High Court ruling and then sold on
to third parties.

Before Parliament approved the Law, non-Muslim circles were abuzz
with discussion over whether they should hope for this law’s adoption
or not. Many argued that any law adopted would be in a very negative
version that could not then be amended for another ten or twenty years.

When Parliament adopted the law, reaction among Christian and Jewish
communities was mixed. Some were happy that at least a few of the
points put forward by minorities had been considered, such as the
demand for return of or compensation for properties confiscated by
the state as a result of the 1974 High Court ruling and still in
state hands.

On the negative side, reciprocity – a principle that has been deployed
especially to restrict the rights of the Ecumenical Patriarchate, with
its treatment tied to the Greek government’s treatment of its Turkish
Muslim minority – was enshrined in law for the first time. Although
Greece does unfairly restrict the rights of its Muslim minority, such
restrictions are not as extensive as those imposed by the Turkish
government on its Greek Orthodox minority. Yet it is quite clear
that the formal inclusion of the reciprocity principle in Turkey’s
Foundations Law was done deliberately as an excuse to restrict Greek
Orthodox rights.

President Sezer’s veto of the Foundations Law was harshly
criticised even in the Turkish liberal media. Most of the President’s
justification was based on points he disliked which affected non-Muslim
minorities. He argued that some of these provisions went too far in
their favour and went too far against the Turkish interpretation of its
obligation to its ethnic/religious minorities under the 1923 Lausanne
Treaty. On one point the President insisted that it is impossible
to recognise a foundation and its ownership of properties for which
there is no certificate as a foundation.

One leading journalist from the Istanbul-based Radikal newspaper argued
that this was strange as when such properties were accumulated no
community foundations existed – such properties were simply social
and educational institutions. Permits to own them were issued in
a different way, as in the Ottoman Empire even in the late 19th
century ownership regulations comparable to those valid today did
just not exist.

Although the President vetoed the Foundations Law it has not returned
to parliament. Deputy Prime Minister Mehmet Ali Sahin declared in the
wake of the ECHR ruling on the Greek Orthodox college Foundation that
some parts of the Law would have to be redrafted. Any changes ought
to cover foundations’ properties seized by the state and then sold on
to third parties, an issue not even mentioned – let alone resolved
– in Parliament’s version of the Law. Yet it will be difficult to
overcome many deputies’ view that compensating religious minorities
for such seized property will be too expensive and that the issue
should therefore be dropped.

Implementation of the Law – had it been adopted – would also have run
into problems as some provisions contradict other legal provisions,
especially those found in the Civil Code.

But such contradictions already abound. Even though Article 110
of the Civil Code bans the formation of foundations with religious
purposes, at least three such foundations – two Protestant and one
Syrian Catholic – have been founded during the last few years.

Whether this means that the related congregations as such have got
legal personality as foundations or whether these foundations are
foundations of congregations which as such still are not recognised
legally still has to be discussed as more and more cases will go to
the ECHR not just on the principle but on establishing foundations.

Alevis – a Muslim group the government does not recognise as a distinct
religious minority – could also demand religious foundations – so far
their places of worship are recognised only as cultural associations
(see F18News 22 November 2006.

Property ownership for minority communities has been and remains
beset with problems. Places of worship of minority communities which
are allowed to maintain legally-recognised community foundations –
such as the Greek Orthodox, the Armenians, the Syrian Orthodox and
the Jews – are owned by these foundations.

But for Catholics and Protestants, who have not historically been
allowed such foundations, title deeds indicate that the congregations
or church communities themselves own the buildings. Yet the state
often refuses to recognise this. For example, it argued in ECHR case
No. 26308/95 that the Assumptionist Fathers, a Catholic Order, are
unknown in Turkey, so cannot own property. Places of worship which
belong to communities which do not have foundations are in a worse
legal situation than those owned by foundations.

In several extreme cases in the recent past, the state has argued
that some Christian churches owned by foundations are in fact the
property of individual saints (they are after all named after them).

The state has gone on to argue from this that the saints concerned
cannot be located – nor their heirs – so these places of worship
cannot be returned to the community foundations that claim ownership
and should therefore be seized by the state. Nowadays, the state is
more willing to accept that minority communities’ foundations own
such places of worship.

But the problems for communities without foundations do not end with
insecure legal ownership of their places of worship. Such communities
cannot run bank accounts. A priest, bishop, individual or group of
individuals has to set up a personal bank account on behalf of the
community. The same even holds for communities with foundations, such
as the Orthodox or Jews: their community foundations themselves are
recognised but not the churches or Jewish congregations behind them.

Such a restriction could be challenged at the ECHR – it is part of
the whole issue of the lack of recognition of religious minority
communities.

Publication of books and magazines is also more complicated – they
have to be published in the name of an individual, who therefore has
to take personal responsibility for their content. This has created
problems in the past, though less so today.

Religious communities’ charitable bodies also have no legal status.

Caritas Turkey, for example, functions under the control of the Turkish
Catholic Bishops’ Conference (which also legally does not exist)
and even works with government agencies, but has no legal status.

Religious leaders’ status is not recognised in law. The one exception
is with the leaders of Protestant associations that have recently
been allowed to register, though even then they are recognised as
leaders of an association, not of the religious community per se.

As to the vetoed Foundations Law, the government can send it to
parliament again for further discussion – as President Sezer indicated
in his veto – although if it is again approved the president cannot
veto it a second time. His only option if he still disagrees with
provisions in it is to refer it to the Constitutional Court. The
government’s other alternative is to abandon it – or wait until
the next presidential elections expected in May, which many predict
Erdogan will win.

Although Sezer did not spell it out bluntly, his comments on the
vetoed Foundations Law make clear that he does not want any of the
properties confiscated from foundations over the years to be given
back. He sticks to the understanding of the Kemalists, the followers
of Mustafa Kemal Ataturk, of how Turkey should be governed. Erdogan,
on the other hand, is no more in favour of religious minorities’
foundations, but takes a different view of the state’s role.

Yet sadly, neither of the two big parties, the governing Justice
and Development Party (AKP) or the opposition Republican People’s
Party (CHP), is willing to accept the principle that all people have
rights, regardless of what was determined at Sevres back in 1920 and
Lausanne back in 1923. Neither party gives any sign that it has read
or understood Article 9 of the European Convention on Human Rights,
which spells out individuals’ rights to religious freedom, still less
that it is ready to implement it.

Now that negotiations with the European Union over Turkey’s potential
accession have gone quiet – and the Turkish government feels less
constrained to make concessions over religious freedom – the European
Court of Human Rights in Strasbourg appears to have taken over as the
best route for Turkey’s religious minorities to assert their rights.

*** Dr Otmar Oehring, head of the human rights office of Missio, a
Catholic charity based in Germany. Although we disagree his opinion
about "unfair treatment of Greek Muslim minority", we republished
the article because it offers an analytical overview about Turkish
policies towards the Ecumenical Patriarchate.

–Boundary_(ID_pQzFA0oNDu/QHV3Ltl8z YQ)–