ECHR’S DECISION TO AFFECT 900 MINORITY FOUNDATION PROPERTIES
By Emre Demir
Zaman, Turkey
Sept 22 2005
Published: Wednesday, September 21, 2005
zaman.com
On Tuesday, the European Court of Human Rights (ECHR) ruled for the
return of real estate belonging to minority foundations.
In the first trial, Fener Greek Boy~Rs School Foundation and Yedikule
Surp Prigic Armenian Hospital Foundation demanded the return of
properties, which they owned between 1936 and 1974, but which were
handed over to their previous owners following a Court of Appeals~R
ruling in 1974. The decision will expectedly be announced in the
upcoming months.
During yesterday~Rs hearing at the ECHR, lawyers represent the
foundations claimed that Turkey had violated one of the articles
of European Convention on Human Rights concerning the protection
of properties.
In addition, they told i that the institutions defined as minority
foundations by the Lausanne Treaty have the right to own property
assets.
On the other side, Turkish legal representatives explained the
necessary legal amendments were realized during Turkey~Rs European
Union (EU) process, including the development of the Foundations Bill,
which is now pending in the Turkish Parliament.
According to an arrangement dated 2002, religious minority foundations
were entitled to own real estate.
The ECHR decision will determine the future of properties belonging
to nearly 900 foundations, which changed hands following the decision
by the Court of Appeals.
Since the General Directorate of Foundations does not disclose
the number of real estate handed over to third persons due to
confidentiality, it is not exactly known how many foundations~R
properties will be affected by the ECHR decision.