2010 ilerleme raporu - Avrupa Birliği Bakanlığı

In June 2007, the Court of Cassation ruled that persons who participate and are elected in
religious elections held in the patriarchate should be Turkish citizens and be employed in
Turkey at the time of the elections. However, Turkish and foreign nationals should be treated
equally as regards their ability to exercise their right to freedom of religion by participating in
the life of organised religious communities in accordance with the ECHR and the case law of
the ECtHR.
Personal documents, such as identity cards, include information on religion, leaving potential
for discriminatory practices. In January, in the Sinan Isik v. Turkey case the ECtHR decided
that indication of religion on identity cards was in breach of the Convention.
Regarding places of worship, non-Muslim religious communities report frequent
discrimination and administrative uncertainty. Applications to authorities for allocation of
places of worship continued to be refused. Two cases regarding Alevi places of worship (Cem
houses) have been concluded before the courts, and applications have been refused. In May
2010, a Cem house applied to the ECtHR after exhausting all other domestic remedies.
Despite the de facto recognition by some municipal councils of Cem houses as places of
worship, the overall policy of not recognising them has not changed.
Protestant and other Churches (e.g. the Kurtuluş and Batıkent Churches in Ankara) have not
been able to obtain permission for places of worship within the boundaries of their provinces.
Jehovah’s witnesses had similar problems, as the courts found that their place of worship in
Mersin violated the zoning law. This case has been taken to the ECtHR. The same religious
community has a similar case before the courts related to a worship place in Izmir.
Jehovah’s witnesses face tax claims by the municipalities of Istanbul and Ankara. The
municipal authorities sent demands for payment of property tax for their places of worship,
despite their exemption in principle following a Court of Cassation decision recognising their
religion under Christianity. Several court cases are pending on taxation issues.
Missionaries are widely perceived as a threat to the integrity of the country and to the Muslim
religion. A court case against two missionaries in Silivri is continuing.
The court case concerning the killing of three protestants in Malatya in April 2007 continues.
A police report, prepared at the request of the Chief Public Prosecutor’s Office in Istanbul,
drew attention to the link between the killing of protestants in Malatya and the Ergenekon
case.
Judicial proceedings against conscientious objectors on religious grounds continued. Public
statements on the right to conscientious objection have led to convictions. Implementation of
ECtHR judgments regarding conscientious objectors is still pending. Turkey has adopted no
legal measures to prevent repetitive prosecution and conviction of conscientious objectors.
Several members of the Jehovah’s Witness's community face court cases as conscientious
objectors. A military court rejected the right to conscientious objection.
Overall, freedom of worship continues to be generally respected. The implementation of the
Law on foundations continued, albeit with some delays and procedural problems (see the
chapter on Property rights). The dialogue with the Alevis and with the non-Muslim religious
communities continued but has not yet produced results. Announcements on the Halki
(Heybeliada) seminar were not followed up. Members of minority religions continue to be
subject to threats by extremists. A legal framework in line with the ECHR has yet to be
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