ARMENIAN FOUNDATIONS WIN CASE AT EUROPEAN COURT

Today’s Zaman
Dec 17 2008
Turkey

The European Court of Human Rights yesterday announced its ruling
that Turkey violated the property rights of two Armenian charitable
foundations by seizing immovable property belonging to the foundations.

At the Strasbourg-based court, the applicants — Samatya Surp Kevork
Ermeni Kilisesi, Mektebi ve Mezarlıgı Vakfı Yönetim Kurulu
(The Board of Governors of the Samatya Surp Kevork Armenian Church,
School and Cemetery) and Yedikule Surp Pırgic Ermeni Hastanesi
Vakfı (The Foundation for the Armenian Hospital in Yedikule) —
complained that previous decisions by Turkish courts had deprived
them of property that they had acquired through donations, as Turkish
courts had ruled that their charters did not give them the right to
acquire immovable property.

The court ruled that Turkey had violated Article 1 of Protocol No. 1
of the European Convention on Human Rights, which regulates the
protection of property. It refused to review the complaints under
Article 6, which covers the right to a fair hearing, and Article 14
of the convention, which prohibits discrimination.

Turkey is now required to return the immovable property in question to
the Samatya Surp Kevork Armenian Church, School and Cemetery in three
months or pay 600,000 euros in compensation. The court judges also
agreed that Turkey must pay 275,000 euros to the Foundation for the
Armenian Hospital in Yedikule in compensation for the seized property.

The judgment is expected to set a precedent for other possible
cases against Turkey which are concerned with the property rights of
non-Muslim foundations. Nationalist critics say non-Muslim foundations
should not be allowed to acquire immovable property while the European
Union, which Turkey aspires to join, urges Ankara to lift restrictions
on the property rights of these foundations.

In February, the Turkish Parliament adopted a new law on charitable
foundations that was mostly welcomed by the European Commission and
the European Parliament. In a report released in March, the European
Parliament, however, stated that the new law should be analyzed by
the European Commission as to whether it is being implemented in line
with the case law of the European Court of Human Rights.

Both Armenian foundations were established by Imperial Decree in
1832 under the Ottoman Empire and are recognized in Turkish law. The
European Court of Human Rights said their charter complies with the
provisions of the Lausanne Treaty affording protection to foundations
that provide public services for religious minorities.

Turkey has the right to appeal the judgment at the Grand Chamber of
the European Court of Human Rights. In a 2007 decision, the court
announced that Turkey and the Foundation for the Yedikule Armenian
Hospital had reached a friendly settlement in a similar case filed
by the Armenian foundation.

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