ECHR RULES AGAINST TURKEY IN ARMENIAN PROPERTY OWNERSHIP CASE
Hurriyet
Dec 16 2008
Turkey
The European Court on Human Rights (ECHR) ruled Tuesday that
Turkey violated the property rights of two Armenian foundations in
Istanbul. (UPDATED)
The Board of Governors of the Samatya Surp Kevork Armenian Church,
School and Cemetery and the Foundation for the Armenian Hospital in
Yedikule appealed to the Strasbourg-based court claiming the decision
taken by Turkish courts setting aside their title to property acquired
as a donation, violated their property rights under the European
Human Rights Convention.
The Turkish court’s rulings set aside the title of properties donated
to the two foundations on the grounds that their founding charter
did not give them the right to acquire immovable property. The two
Armenian foundations were established by Imperial Decree in 1832
under the Ottoman Empire and founded under modern Turkish law.
According to the ruling, Turkey must return the titles of all
properties to each foundation and pay compensation of 600,000 euro
to the Samatya Foundation and 275,000 euro to the Yedikule Foundation.
The charter of both foundations complies with the provisions of the
Lausanne Treaty affording protection to foundations that provide
public services for religious minorities.
The ECHR said Turkey had violated the protection of property rights
defined under Article 1 of Protocol No. 1 of the convention.
Turkey has the right to appeal the ECHR decision in a higher
authority. No announcement has been made as yet.