European Court Rules Against Turkey’s Religion ID

Designation on identification cards used to discriminate on basis of religion.

ISTANBUL, February 5 (CDN) — A European court on Tuesday (Feb. 2) ordered Turkey to remove the religious affiliation section from citizens’ identification cards, calling the practice a violation of human rights.

Religious minorities and in particular Christian converts in Turkey have faced discrimination because of the mandatory religion declaration on their identification cards, which was enforced until 2006. Since then, citizens are allowed to leave the “Religion” section of their IDs blank.

The ruling by the European Court of Human Rights (ECHR) “is a good thing,” said Zekai Tanyar, president of the Turkish Protestant Alliance, citing prejudices against Christian converts.

“[Religion on the ID] can cost people their jobs,” he said. “It has been known to affect whether they get a job or not, how people look at them, whether they are accepted for a post or an application of some sort. Therefore I think [the ruling] is a good and appropriate thing.”

Tanyar said the same principles would apply in the case of Muslims living in a country that had prejudices against Muslims. For converts in Turkey having to state their religion on their ID cards, “in practice, and in people’s experience, it has been negative.” 

The ECHR ruling came after a Turkish Muslim national filed a petition challenging that his identification card stated his religion as “Alevi” and not Muslim. Alevis practice a form of Shia Islam that is different from that of the Sunni Muslim majority.

The court found in a 6-to-1 vote that any mention of religion on an identity card violated human rights. The country was found to be in violation of the European Convention of Human Rights – to which Turkey is a signatory – specifically Article 9, which deals with freedom of religion and belief; Article 6, which is related to due process; and Article 12, which prohibits discrimination.

The presence of the “religion” box on the Turkish national identification card obliges individuals to disclose, against their will, information concerning an aspect of their personal convictions, the court ruled.

Although the government argued that indication of religion on identity cards did not compel Turks to disclose their religious convictions, the ECHR found that the state was making assessments of the applicant’s faith, thus breaching its duty of neutrality and impartiality.

In a statement on the verdict this week, Turkish Prime Minister Recep Tayyip Erdogan said that the ruling was in line with the government’s intentions.

“I don’t see the ECHR decision as abnormal,” he said, according to Turkish daily Taraf. “It’s not very important if it is removed.” 

The ECHR is independent of the European Union, which Turkey seeks to join. The rulings of the ECHR are binding for members of the Council of Europe, of which Turkey is a member, and must be implemented.

A Step in the Right Direction

Human rights lawyers welcomed the decision of the ECHR, saying it is a small step in the direction of democracy and secularism in Turkey.

“It is related to the general freedom of religion in our country,” said human rights lawyer Orhan Kemal Cengiz. “They assume everyone is Muslim and automatically write this on your ID card, so this is a good reminder that, first of all, everyone is not Muslim in this country, and second, that being a Muslim is not an indispensible part of being Turkish.”

The lawyer said the judgment would have positive implications for religious minorities in Turkey who are subject to intolerance from the majority Muslim population. 

In 2000 Turkey’s neighbor Greece, a majority Christian Orthodox country, lifted the religion section from national IDs in order to adhere to European human rights standards and conventions, causing tumult among nationals.

“In Turkey, Greece or whatever European country, racism or intolerance or xenophobia are not rare occurrences if [religion] is written on your card, and if you are a minority group it makes you open to racist, xenophobic or other intolerant behaviors,” said Cengiz. “There might be times that the [religious] declaration might be very dangerous.”

International Implications

It is not yet known what, if any, effect the ECHR decision could have on the rest of the Middle East.

Because of its history, economic power and strategic location, Turkey is seen as a leader in the region. Like Turkey, many Middle Eastern countries have a place for religious affiliation on their identification cards. Unlike Turkey, listing religious affiliation is mandatory in most of these countries and almost impossible to change, even under court order.

According to Human Rights Watch (HRW), religious identification is used as a tool to deny jobs and even basic rights or services to religious minorities in many Middle Eastern countries.

“It’s a serious problem from a human rights point of view,” said Joe Stork, deputy director for the Middle East and North Africa for HRW, an international human rights organization. “It’s especially problematic when that requirement becomes a basis for discrimination.”

Stork said the identification cards shouldn’t have a listing for religion at all. He said the European decision may eventually be used in legal arguments in Middle Eastern courts, but it will be a long time before change is realized.

“It’s not like the Egyptian government is going to wake up in the morning and say, ‘Gee, let’s do that,’” Stork said.

Egypt in particular is notorious for using religion on IDs to systematically discriminate against Coptic Christians and converts to Christianity. While it takes a day to change one’s religion from Christianity to Islam on their ID, the reverse is virtually impossible. 

Report from Compass Direct News 

TURKEY: CHRISTIANS MAY APPEAL FINE FOR ‘ILLEGAL’ FUNDS

Converts accused of ‘insulting Turkishness’ fear ruling sets dangerous precedent.

ISTANBUL, March 27 (Compass Direct News) – Fearing that a court-ordered fine of two Turkish Christians here for “illegal collection of funds” would set a precedent crippling to churches, their lawyer plans to take the case to a European court.

Hakan Tastan and Turan Topal each paid the fine of 600 Turkish lira (US$360) to a civil court in the Beyoglu district of Istanbul yesterday. The verdict cannot be appealed within the Turkish legal system, but their lawyer said he is considering taking the case to the European Court of Human Rights.

The ruling refers to the men receiving church offerings without official permission from local civil authorities. Nearly all Protestant fellowships in Turkey are registered as associations, with very few having status as a recognized religious body, and a strict application of the law would limit the scope of churches collecting funds.

Although the punishment is a relatively small fine, their lawyer told Compass there is now a precedent that authorities could use to harass any church for collecting tithes and offerings.

“For now, this court decision is an individual decision, but we fear in the future this could be carried out against all churches,” said defense attorney Haydar Polat.

Umut Sahin, spokesman for the Alliance of Protestant Churches of Turkey, concurred that the case was worrisome for the country’s small Protestant community and could set a disturbing precedent to be against other congregations.

When originally charged, the two men were summoned to police headquarters just before church services by three plainclothes policemen waiting for Tastan at his church. Tastan and Topal were given a “penalty” sheet from security police that ordered each to pay the fine for breaking a civil law.

The court decision to fine them, enacted on Nov. 11, 2008 but not delivered until March 13, denied their request to drop the penalty. The two men claimed they were only collecting money from their co-religionists.

Judge Hakim Tastan ruled at the First Magistrate Court that the two men were guilty of violating section 29 of Civil Administrative Code 2860, which forbids the collection of money without official permission from local district authorities.

In light of the charge of “insulting Turkishness,” the two men believe the smaller accusation of collecting money illegally is merely part of a wider effort by the state to harass and discredit Turkish Christians.

“They are doing this to bother and intimidate us, possibly to pressure us to leave the country,” Tastan told Compass. “They have the intention to hinder church establishment and the spread of the gospel.”

Tastan has spoken publicly over his strong sense of pride in his Turkish identity and frustration with state institutions biased against religious minorities.

“This case is proof that Turkey’s legal system regarding human rights isn’t acting in a just and suitable way,” he said.

 

Difficult Circumstances

The civil court case was the second set of longstanding charges against the two men. The first involves Turkey’s notorious Article 301, a loosely-defined law that criminalizes insulting “the Turkish nation.”

On Feb. 24 a Silivri court received the go-ahead from the Ministry of Justice to try the men under Article 301. The crux of the first case – originally leveled against them in 2007 by ultranationalist lawyer Kemal Kerincsiz, now indicted in a national conspiracy to overthrow the government – focused on the two men’s missionary efforts as defaming Islam.

Due to lack of proof and no-shows by the prosecution team’s witnesses, the converts from Islam believe they will be acquitted in their next hearing on May 28.

Turkey has come under recent criticism over its handling of religious minority rights by a Council of Europe report, accusing the country of “wrong interpretation” of the Lausanne Treaty as a pretext for refusing to implement minority rights, according to the Hurriyet Daily News.

The 1923 treaty, penned between Turkey and European powers following the collapse of the Ottoman Empire, only recognizes Greeks, Jews and Armenians as minority populations in Turkey.

More troublesome, Turkey’s basis of rights for its non-Muslim minorities is built upon reciprocity with Greece’s treatment of its Muslim minorities. This basis pushes both nations to a “lowest-common denominator” understanding of minority rights, rather than a concept of universal freedoms, the report said.  

Report from Compass Direct News

56 RELIGIOUS ORGANISATIONS OFFICIALLY SCHEDULED FOR LIQUIDATION IN RUSSIA

On 15 October, a declaration unexpectedly appeared on the webpage of the Russian Ministry of Justice listing 56 religious organisations scheduled for liquidation. These stem from a number of major world faiths and included Buddhists, Jews, Muslims, the Catholic “Caritas” as well as small, dissident Orthodox groups and one organisation belonging to the Kiev Orthodox Patriarchate, reports William Yoder, Russian Union of Evangelical Christians-Baptists. Yet at least 35 of the 56 listed qualify as Protestant organizations. These include the humanitarian “World Vision” and “Youth with a Mission”. At least six Baptist organizations are listed. These include one established by the Russian branch of the “Billy Graham Evangelistic Association” and three regional districts of the “Russian Union of Evangelical Christians-Baptists” (RUECB). Apparently; several entire churches are up for liquidation, including the “Union of Churches of Presbyterian Christians” and the “Assemblies of God”. Even the 26-congregation-strong “Union of Churches of Evangelical Christians” is scheduled for elimination. Its Bishop, businessman Alexander Semchenko, remains a member of the presti gious “Council for Cooperation with Religious Organisations at the Seat of the Russian President”.

Pastor Vitaly Vlasenko, the RUECB’s Director for External Church Relations, warns against undue alarm, for the declaration states only that the Justice Department “plans to file liquidation claims” against the 56. “This is a wake-up call,” the Pastor adds. “This is certainly not the last word on the matter.” He reports that thousands of religious organisa tions were registered during the 1990s, and that a number of them are now virtually defunct. Many have failed to submit the annual reports on activities and finance demanded by Russian law. In some cases, registered and factual activities no longer match. In one instance, a Baptist organization registered in Moscow is active only in Siberia.

Attorney Anatoly Pchelintsev from Moscow’s „Slavic Centre for Law and Justice” (SCLC) sees serious injustice in the fact that the Russian Orthodox Church Moscow Patriarchate is absent from the list. Due to its overpowering size, the law of averages would demand that a least a few of its organisations find their way onto the list. Yet Protestants, who speak for less than 1% of the Russian population, make up 62% of the total list. He sees no regard for the appropriateness of means, describing liquidation as akin to meting out the death penalty to persons found guilty of jaywalking. “Such actions fly in the face of official Russian state policy on the freedom of worship and creed.” Pchelin tsev, a seasoned legal veteran, believes the responsible officials are hardly aware of the complicated international ramifications of their own decree and cites the possibility of “chaos and destabilisation in church-state relations”.

In June, the highly-active SCLJ succeeded in getting a decision requiring the liquidation of a 30-member Methodist congregation in Smolensk overturned. Two years ago, it won a Euro pean Court ruling in Strasbourg sentencing the Russian Federation to a fine for having forbidden the work of the Salvation Army. The SCLJ was initially formed in 1993 and took on its present name when it became an affiliate of the Washington/DC-based “American Center for Law and Justice” (ACLJ) in 1998. The head of ACLJ is Jay Sekulow, America’s leading attorney on religious affairs. ACLJ was founded in 1990 by the controver sial Pat Robertson, a Southern Baptist and charismatic. He is probably America’s most prominent television preacher.

The RUECB, Russia’s largest, unified Protestant church, represents approximately 80.000 adult members in 1.750 congregations and groups. Its President is Yuri Sipko.

Report from the Christian Telegraph