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 

Turks Threaten to Kill Priest over Swiss Minaret Decision

Slap to religious freedom in Switzerland leads to threat over church bell tower in Turkey.

ISTANBUL, December 15 (CDN) — In response to a Swiss vote banning the construction of new mosque minarets, a group of Muslims this month went into a church building in eastern Turkey and threatened to kill a priest unless he tore down its bell tower, according to an advocacy group.

Three Muslims on Dec. 4 entered the Meryem Ana Church, a Syriac Orthodox church in Diyarbakir, and confronted the Rev. Yusuf Akbulut. They told him that unless the bell tower was destroyed in one week, they would kill him.

“If Switzerland is demolishing our minarets, we will demolish your bell towers too,” one of the men told Akbulut.

The threats came in reaction to a Nov. 29 referendum in Switzerland in which 57 percent voted in favor of banning the construction of new minarets in the country. Swiss lawmakers must now change the national constitution to reflect the referendum, a process that should take more than a year.

The Swiss ban, widely viewed around the world as a breach of religious freedom, is likely to face legal challenges in Switzerland and in the European Court of Human Rights.

There are roughly 150 mosques in Switzerland, four with minarets. Two more minarets are planned. The call to prayer traditional in Muslim-majority countries is not conducted from any of the minarets.

Fikri Aygur, vice president of the European Syriac Union, said that Akbulut has contacted police but has otherwise remained defiant in the face of the threats.

“He has contacted the police, and they gave him guards,” he said. “I talked with him two days ago, and he said, ‘It is my job to protect the church, so I will stand here and leave it in God’s hands.’”

Meryem Ana is more than 250 years old and is one of a handful of churches that serve the Syriac community in Turkey. Also known as Syrian Orthodox, the Syriacs are an ethnic and religious minority in Turkey and were one of the first groups of people to accept Christianity. They speak Syriac, a dialect of Aramaic, a language spoken by Christ. Diyarbakir is located in eastern Turkey, about 60 miles from the Syrian border.

At press time the tower was standing and the priest was safe, said Jerry Mattix, youth pastor at the Diyarbakir Evangelical Church, which is located across a street from Meryem Ana Church.

Mattix said that threats against Christians in Diyarbakir are nothing out of the ordinary. Mattix commonly receives threats, both in the mail and posted on the church’s Internet site, he said.

“We’re kind of used to that,” Mattix said. He added that he has received no threats over the minaret situation but added, “I wouldn’t be surprised if we do.”

Mattix said the people making threats in the area are Muslim radicals with ties to Hezbollah “who like to flex their muscles.”

“We are a major target out here, and we are aware of that,” Mattix said. “But the local police are taking great strides to protect us.”

Mattix said he also has “divine confidence” in God’s protection.

The European Syriac Union’s Aygur said that Christians in Turkey often serve as scapegoats for inflamed local Muslims who want to lash out at Europeans.

“When they [Europeans] take actions against the Muslims, the Syriacs get persecuted by the fanatical Muslims there,” he said.

The threats against the church were part of a public outcry in Turkey that included newspaper editorials characterizing the Swiss decision as “Islamophobia.” One Turkish government official called upon Muslims to divest their money from Swiss bank accounts. He invited them to place their money in the Turkish banking system.

In part, the threats also may reflect a larger and well-established pattern of anti-Christian attitudes in Turkey. A recent study conducted by two professors at Sabanci University found that 59 percent of those surveyed said non-Muslims either “should not” or “absolutely should not” be allowed to hold open meetings where they can discuss their ideas.

The survey also found that almost 40 percent of the population of Turkey said they had “very negative” or “negative” views of Christians. In Turkey, Christians are often seen as agents of outside forces bent on dividing the country.

This is not the first time Akbulut has faced persecution. Along with a constant string of threats and harassment, he was tried and acquitted in 2000 for saying to the press that Syriacs were “massacred” along with Armenians in 1915 killings.

In Midyat, also in eastern Turkey, someone recently dug a tunnel under the outlying buildings of a Syriac church in hopes of undermining the support of the structure.

At the Mor Gabriel Monastery, also near Midyat, there is a legal battle over the lands surrounding the monastery. Founded in 397 A.D., Mor Gabriel is arguably the oldest monastery in use today. It is believed local Muslim leaders took the monastery to court in an attempt to seize lands from the church. The monastery has prevailed in all but one case, which is still underway.

“These and similar problems that are threatening the very existence of the remaining Syriacs in Turkey have reached a very serious and worrying level,” Aygur stated in a press release. “Especially, whenever there is a problem about Islam in the European countries, the Syriacs’ existence in Turkey is threatened with such pressures and aggressions.”

Report from Compass Direct News 

PAKISTANI CHURCH WALLS HIT WITH SLOGANS HAILING THE TALIBAN

At least three Pakistani Christian men, who were protesting against pro Taliban and Al-Qaeda slogans written on their local churches, have been injured in a gun battle between law enforcement agencies and Pashto-speaking suspected militant Muslims on Wednesday (April 22, 2009) afternoon, reports Dan Wooding and Sheraz Khurram Khan, special to ASSIST News Service.

Pashto language is spoken by people in the North West Frontier Province (NWFP) of Pakistan and also by the residents of Federally Administered Tribal Areas (FATA).

Christian residents of Taseer Town awoke on Wednesday morning to discover the slogans, “Taliban Zindabad” (Long-Live the Taliban) and “Al-Qaeda Zindabad” (Long Live Al-Qaeda), which are thought to be have been posted by some unidentified people, on the walls of different churches in their town located in Sector 35 Lyari, in the port city of Karachi.

They were so upset that some of them set ablaze tires and blocked the roads, bringing the traffic in the area to a standstill.

Heavy contingents of rangers and police rushed to the scene to disperse the protesting Christians.

Michael Javaid, a former member of the Sindh Provincial Assembly, spoke to ANS from tension-ridden area of Taseer Town apprised ANS that three Christians were injured as firing broke out between law enforcement agencies’ officials and militants at 11:30 am Pakistan time on Wednesday.

He alleged that the police opened fire on protesting Christians instead of protecting them. The injured were taken to Abbasi Shaheed Hospital in Karachi.

One of the injured, Imran Masih, received a bullet to his head and was rush to the hospital where his condition is said to be “critical.” The other two injured Christian men were later identified as Qudus Masih and Irfan Masih.

ANS has discovered that Qudus received an injury to his arm. Javaid, who visited the injured in the hospital, said the medics had plastered Qudus arm. He apprehended that the Christian man would have arm-disability all his life.

Three houses of Christians in the Taseer Town have also been burned. ANS could not ascertain what caused fire.

Javaid told ANS the police “manhandled protesting Christian men and women,” adding that the police removed the Christian women from the protest site by “pulling them from their hair.”

He claimed suspected militants also forced their entry into a church in the area and “desecrated Bibles.”

Javaid said he witnessed rangers removing slogans in favour of Pakistani Taliban and Al-Qaeda from the walls of churches.

Asked if the police have registered First Information Report (FIR) against assailants, Michael said the police have instead arrested two Christian men and four workers of Pakistan Peoples Party, who he said had come to express their solidarity with the Christians from their nearby office.

Recent attack on Christians and churches by Islamists comes about three months as two churches in Karachi were attacked on New Year’s Eve.

The incident has sparked fear and uncertainty among the Christian residents of Karachi. The tense situation has prompted several Christian women to flee their homes.

Asked if this was beginning of the “Talibanization of Karachi,” he said that a sizable number of Taliban had entered the city “in an attempt to press their demands of enforcing Sharia Justice System in the Sindh Province.

He termed the sketching of walls of churches in Karachi with slogans backing Taliban and Al-Qaeda as a “conspiracy” to slap Sharia Justice System on Pakistani Christians.

When ANS drew his attention to Taliban’s taking control of Buner district which is only 96 kilometers (60 miles) from capital Islamabad, he said they (Taliban) were bent upon enforcing Sharia Justice System across Pakistan.

He pointed out that the Taliban in Orakzai, located at border of the North West Frontier Province of Pakistan, had already started demanding Jaziya (Minority tax) from Sikhs there.

“I fear the Taliban will start demanding minority tax from Pakistani Christians too,” he said.

He added: “Christians are not a ‘conquered community.’ They are not supposed to pay any minority tax.”

Javaid appealed to Pakistan President, Asif Ali Zardari, and Prime Minister, Syed Yousaf Raza Gilani, to ensure protection of the lives and properties of Pakistani Christians

Report from the Christian Telegraph