European Human Rights Court Rules in Favor of Turkish Church


Christians hope decision will lead to greater religious freedom.

ISTANBUL, December 18 (CDN) — In a decision many hope will lead to greater religious freedom in Turkey, the European Court of Human Rights (ECHR) found that a Turkish court ruling barring a church from starting a foundation violated the congregation’s right to freedom of association.

Orhan Kemal Cengiz, a Turkish attorney and legal advisor for the litigants, said the decision earlier this year was the first time the ECHR has held that religious organizations have a right to exist in Turkey. Other issues the court addressed dealt with organizations’ rights to own property, he said.

Cengiz added that this case is just the first of many needed to correct conflicts within the Turkish legal system in regard to freedom of association, known in Turkey as the concept of “legal personality.”

“This case is a significant victory, but it is the first case in a long line of cases to come,” Cengiz said.

Ihsan Ozbek, pastor of Kurtulus Church in northeast Turkey, which set out to establish the foundation, said he was pleased with the court’s decision.

“It’s a good thing to have that decision,” he said. “It will help future churches and Christian organizations.”

On Dec. 21, 2000, Ozbek and 15 other Turkish nationals applied to a court in Ankara to form the “Foundation of Liberation Churches,” to provide assistance to victims of disasters. The court referred the matter to the Directorate General of Foundations, which opposed it because, according to its interpretation of the organization’s constitution, the foundation sought to help only other Protestants. Such a purpose would be in violation of the Turkish civil code, which states that establishing a foundation to assist a specific community at the exclusion of others was prohibited.

On Jan. 22, 2002, the church group appealed the decision to the higher Court of Cassation. They agreed that the constitution should be changed to more accurately reflect the true nature of the organization, which was to give assistance to victims of natural disasters regardless of their spiritual beliefs. In February of the same year, the court rejected their appeal.

Later that year, on Aug. 29, 2002, under the guidance of Cengiz, the group appealed the decision to the ECHR. Founded in 1959 by the European Convention on Human Rights, the ECHR is the highest civil human rights court in Europe. Of the 47 countries that are signatories to the convention, Turkey accounts for more that 11 percent of the court’s caseload.

On Oct. 11, 2005 the court agreed to hear the case. More than four years later, on June 10, it publicly issued a verdict.

In its decision, the court unanimously found that the Turkish Courts’ “refusal to register the foundation, although permitted under Turkish law, had not been necessary in a democratic society, and that there had been a violation of Article 11.”

Article 11 of the convention deals with the rights of people to associate and assemble with others.

“The applicants had been willing to amend the constitution of their foundation both to reflect their true aims and to comply with the legal requirements for registration,” the court decision stated. “However, by not allowing them time to do this – something they had done in a similar case – the Court of Cassation had prevented them from setting up a foundation that would have had legal status.”

The decision was issued by seven judges, one of them Turkish. The court awarded 2,500 euros (US$3,600) to each of the 16 members of the group, in addition to 5,200 euros (US$7,490) to the group as a whole.

After being forbidden to open a foundation, the Protestant group opened an association in 2004, after Turkish law had been amended allowing them to do so. Foundations and associations in Turkey differ mostly in their ability to collect and distribute money. The aims of the association were similar to that of the proposed foundation, with the exception of reference to supporting one particular community.

Ozbek said the directorate’s office has been the main obstacle in preventing people from forming Christian foundations.

“Now that they have the decision, they will be forced to say yes,” he said.

Report from Compass Direct News 

TWO PAKISTANI CHRISTIANS INJURED IN APRIL 22 FIRING DIE


Two Christian teenager boys, who had received gunshot wounds from police’s alleged firing on April 22 amid protest of Christians against chalking of church wall with slogans commending Taliban have died from their injuries, ANS has learnt.

The deceased have been identified as Imran Masih, 13 and Intikhab Masih, 18.

Former Member of Provincial Assembly Sindh, Michael Javaid told ANS that militants had allegedly forced Christian residents of Taseer town to shout slogans “Taliban Zindabad” Long Live Taliban and “Islam Zindabad” Long Live Islam.

He said when Christian residents refused to chant slogans the miscreants made forcible entry into the church.

They desecrated Bible, manhandled Christian men and women, robbed Christian residents of cash and other valuables, said Javaid.

ANS has learnt that Ms Shermila Farooqi, advisor to Chief Minister Sindh, Syed Qaim Ali Shah, Anwar Laldin, Special Assistant to Chief Minister Sindh, Stephen Asif, Member of Provincial Assembly Sindh, Mr. Saleem Khokhar, Member Provincial Assembly Sindh, Mr. Michael Javaid, former member of provincial assembly Sindh, government officials including Mr Kamran Dost, Special Home Secretary Government of Sindh, Deputy Inspector General of Police Karachi (Operation) and Director General Rangers also visited the affected area on April 24.

“It is sad that peaceful Christian community has been attacked by militants. Justice will be done and culprits will be arrested soon,” Michael quoted Shermila as telling affected Christians.

A committee has been formed to probe the April 22 incident.

Speaking to Christian residents of Taseer town Michael Javaid questioned opening of fire on Christians by militants in presence of rangers and police officials.

Condemning April 22 incident, he said Christians would not tolerate any repeat of such a gruesome incident. He also demanded that the gvernment should provide security and protection to Christians and called for compensation to be paid to the Christians who had been affected.

Report from the Christian Telegraph