by Christopher Sheklian
Last month, the Court of Cassation in Turkey ruled that the historic and contested Sanasaryan Han will be the property of the Turkish state. Built in 1895, the Han (“Inn”) was bought by the foundation established by the philanthropist Mkrtich Sanasaryan to support the Sanasaryan College in the city of Erzurum in eastern Anatolia. It was put under the administration of the Armenian Patriarchate of Constantinople in 1920. In 1928, the Turkish State confiscated the building and maintained its revenue and rights until the Armenian Patriarchate of Turkey filed a lawsuit for its return with the Istanbul 13th Civil Court of First Instance in 2014. After a circuitous legal route, the Court of Cassation—the court of last instance for civil and criminal cases—ruled last February (2018) for the admissibility of the lawsuit and filed for the return of the title deed to the Armenian Patriarchate. Widely seen to be a major victory for the Armenian Patriarchate and the question of religious minority properties in the Republic of Turkey, it seemed the Armenian Patriarchate would assume the deed within a couple years. Last month, however, the same Court of Cassation ruled that the title deed will remain with the Turkish state. The lawyer in the case, Ali Elbeyoğlu, plans to appeal the case to the Constitutional Court.
The case of the Sanasaryan Han is just one case—albeit a very high-profile case—regarding the properties of religious minority groups in the Republic of Turkey. Continue reading
by the Hon. B. Theodore Bozonelis | ελληνικά | ру́сский
Despite the world-wide recognition of the status of His All-Holiness Ecumenical Patriarch Bartholomew as the spiritual leader of all Orthodox Christians, the government of Turkey will give no legal standing and status to the Ecumenical Patriarchate, the historical Holy Center of Orthodox Christianity at the Phanar, in Istanbul. The lack of legal standing and status in essence nullifies property and other fundamental civil rights in Turkey for the Ecumenical Patriarchate which precludes its full exercise of religious freedom. The Ecumenical Patriarchate cannot own in its name the churches to serve the faithful or the cemeteries to provide for their repose. Since it lacks a legal standing, the Ecumenical Patriarchate is powerless to pursue legal remedies to assert property rights or even seek to repair deteriorating property without government approval.
Instead and in lieu of legal standing, Turkey has established a system of minority (community) foundations for Orthodox Christians and other non-Muslim religious minorities to hold properties supervised and controlled by the Turkish government’s General Directorate of Foundations. The Directorate regulates all the activities of religious community foundations which include approximately 75 Greek Orthodox, 42 Armenian and 19 Jewish foundations. The 1935 Law on Religious Foundations, and a subsequent 1936 Decree, required all foundations, Muslim or non-Muslim, to declare their properties by registering the same with the General Directorate of Foundations. Continue Reading…