The ruling follows appeals lodged by two clergymen of the Ecumenical Patriarchate who had been barred by Turkish authorities from seeking election to the administrative boards of Greek Orthodox Vakıflar (pious foundations).
This is a historic decision.
“The struggle lasted 15 whole years, first within Turkey and then before the European Court, but vindication has finally arrived,” stated Mr. Paris Asanakis, legal counsel to the Ecumenical Patriarchate. Mr. Asanakis handled the case before the European Court alongside Strasbourg-based attorney Mr. Stefanos Stavros, while the initial domestic litigation in Turkey was launched by Ms. Hülya Benlisoy, Mr. Atilla Lok, and Mr. Petros Karas.
Statement by the Legal Counsel to the Patriarchate, Mr. P. Asanakis:
“This is a historic decision. First and foremost, because it dismantles a century-old doctrine upheld and enforced by Turkey’s Directorate General of Foundations, which falsely claimed that the Treaty of Lausanne and its annexes prohibited members of the Greek Orthodox clergy from exercising administrative duties within minority foundations. Over and above the clear violation of Articles 9 and 11 of the European Convention on Human Rights, the Court ruled that the stance maintained by the Turkish administration was entirely devoid of any basis in statutory law, decree, circular, or other regulatory act. Furthermore, it noted that the stance in question had never been endorsed by any of the domestic Turkish courts that had previously adjudicated on the dispute.
This is the first time a decision of the Strasbourg Court has found Article 9—concerning freedom of thought, conscience, and religion—to have been violated by the Turkish government at the expense of members of the Greek Orthodox Community. It was precisely ‘in the light of’ this article that the Court examined and established the concurrent violation of Article 11.
In essence, the Court upheld the applicants’ argument that the right to freedom of association—a fundamental pillar of a democratic society, particularly in regard of associations that seek to preserve a cultural, religious, or minority heritage—is of especial significance to Turkey’s Greek Orthodox community. Consequently, it is of vital importance that every single member of this ever-dwindling community retains the right to be elected to the administration of its charitable and, most notably, ecclesiastical institutions.”
What are the Vakıflar:
These are public benefit institutions of a religious nature. Both the term itself and the way they function derive from the Islamic tradition. They are self-governing foundations that manage churches, mosques, schools, educational institutions and hospitals.
During the negotiation of the Treaty of Lausanne, the Turkish Delegation demanded the removal of the Ecumenical Patriarchate from its territory. However, the institution ultimately remained in Istanbul, due to powerful opposition from Great Britain. In the end, the Treaty of Lausanne refers only to the Vakıflar (in Articles 42 and 43).
In 2008, following a special agreement between the foreign ministers at the time, Dora Bakoyannis and Abdullah Gül, Turkey enacted legislation providing for elections to determine the administrative boards of non-Muslim vakıflar. Nevertheless, the Turkish administration persisted in its practice of denying clergy of the Ecumenical Patriarchate the right to stand for election. Instead, it permitted only the election of lay members of the Greek Orthodox community, whose numbers remain in steady decline.
The clergymen who were vindicated and the pious foundations at the heart of the decision:
Two clergymen, the late Gennadios (born Nikolaos) Mavrakis and Georgios Kasapoglou, appealed to the courts.
As a member of the laity, Gennadios Mavrakis was the headmaster of the Fener High School for Boys (also known as the “Great School of the Nation”) and participated in this capacity in the administration of the foundation. However, after he had been ordained a priest following his retirement and elected to the governing body of the same institution, the Turkish General Directorate of Foundations removed him from the list of elected members, claiming that the Treaty of Lausanne prohibited priests from holding administrative posts.
It is worth noting that the appeals of the clergymen concerned also related to their election to two other foundations apart from the Great School of the Nation: those of the Church of the Nativity of the Mother of God (also known as the “Old Bath” Church) in Beşiktaş (Diplokionion), and of the historic Church of Saints Constantine and Helen in Samatya (Ypsomatheia).
It should be noted that two other appeals lodged by priests are pending before the European Court of Justice on identical grounds.
The judges stressed:
“Associations created in particular for the protection of cultural or spiritual heritage, the pursuit of social or economic objectives, the proclamation or teaching of a religion, or the assertion of an ethnic or minority identity, play an essential role in the functioning of a democratic society.” The Court went on to note that “pluralism is indeed built on the genuine recognition and respect of cultural, ethnic and religious diversity, and harmonious interaction between persons and groups with different identities is essential for social cohesion.”
Balıklı:
The ruling could also influence developments at the Balıklı, whose foundation manages extensive properties, including a nursing home and a hospital, in addition to the historic monastery. Notably, no elections have been held at this foundation for 35 years—namely, since 1991.
