2010 ilerleme raporu - Avrupa Birliği Bakanlığı

For 943 applications the Foundations Council extended the period by two months to 16 July
in order for the files to be completed. On another 347 applications negative decisions were
issued.
As regards the Ecumenical Patriarchate v. Turkey 27 case and the issue of just satisfaction, the
ECtHR judgment of 15 June 2010 found that Turkey had to re-register the property in
question in the land register in the applicant’s name. The Büyükada civil court of first
instance ruled in favour of the Ecumenical Patriarchate, reflecting the ECtHR's judgement and
the position of the Foundations Assembly.
However, the legal framework does not address cases of properties seized and sold to third
parties or properties of foundations merged before the new legislation was adopted in
February 2008.
Syriacs continue to face difficulties in property and land registration procedures. A number of
court cases are in progress concerning both individuals and religious institutions. The Mor
Gabriel Syriac Orthodox monastery court cases regarding land ownership continued
throughout the reporting period.
Turkey has yet to implement the ECtHR judgment 28 of March 2009 on the property rights of a
Greek Orthodox church on the island of Bozcaada (Tenedos).
Problems encountered by Greek nationals when inheriting and registering property are still
being reported, in particular with application by the Turkish authorities of the amended Land
Registry Law, including interpretation of its provision on reciprocity. With respect to that
issue, the ECtHR held that there had been a violation of Article 1 of Protocol 1 (peaceful
enjoyment of possessions) to the ECHR and ordered either the return of the property or
financial compensation for the applicants.
Overall, the Law on foundations has been implemented, albeit with some delays and
procedural problems. The Foundations Council acknowledged these problems and tried to
speed up procedures. However, this law does not address the issues of properties seized and
sold to third parties or of properties of foundations merged before the new legislation was
adopted. Turkey needs to ensure full respect of the property rights of all non-Muslim religious
communities.
Respect for and protection of minorities, cultural rights
The debate on minority-related issues has developed under the auspices of the government,
and a few symbolic acts have taken place, such as the Roma gathering in March. Work is
under way to remove discriminatory language from textbooks.
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On 8 July 2008, the ECtHR decided on the claim of the Ecumenical Patriarchate that had been deprived
of its property acquired in 1902 and dedicated to a specific use in 1903 via the Foundation of the
Büyükada Greek Orphanage for Boys. The applicant alleged, in particular, that by ordering registration
of its real estate in the name of the orphanage, under the management of the State Directorate-General
for Foundations, the domestic courts had breached its right to peaceful enjoyment of its property. The
court held that the Turkish authorities were not entitled to deprive the owner of its property without
providing appropriate compensation and that there had been a violation of the ECHR.
In March 2009, the ECtHR ruled that Turkey had violated the property rights of a Greek Orthodox
church on the island of Bozcaada (Tenedos). It held unanimously that the refusal by the Turkish courts
to register the immovable property of the applicant foundation in the land registry in its name was a
violation of Article 1 of Protocol 1 (peaceful enjoyment of possessions) to the ECHR.
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