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 

Plot Targeting Turkey’s Religious Minorities Allegedly Discovered

CD indicates naval officers planned violence against non-Muslim communities.

ISTANBUL, December 16 (CDN) — ISTANBUL, December 16 (Compass Direct News) – Chilling allegations emerged last month of a detailed plot by Turkish naval officers to perpetrate threats and violence against the nation’s non-Muslims in an effort to implicate and unseat Turkey’s pro-Islamic government.

Evidence put forth for the plot appeared on an encrypted compact disc discovered last April but was only recently deciphered; the daily Taraf newspaper first leaked details of the CD’s contents on Nov. 19.

Entitled the “Operation Cage Action Plan,” the plot outlines a plethora of planned threat campaigns, bomb attacks, kidnappings and assassinations targeting the nation’s tiny religious minority communities – an apparent effort by military brass to discredit the ruling Justice and Development Party (AKP). The scheme ultimately called for bombings of homes and buildings owned by non-Muslims, setting fire to homes, vehicles and businesses of Christian and Jewish citizens, and murdering prominent leaders among the religious minorities.

Dated March 2009, the CD containing details of the plot was discovered in a raid on the office of a retired major implicated in a large illegal cache of military arms uncovered near Istanbul last April. Once deciphered, it revealed the full names of 41 naval officials assigned to carry out a four-phase campaign exploiting the vulnerability of Turkey’s non-Muslim religious minorities, who constitute less than 1 percent of the population.

A map that Taraf published on its front page – headlined “The Targeted Missionaries” – was based on the controversial CD documents. Color-coded to show all the Turkish provinces where non-Muslims lived or had meetings for worship, the map showed only 13 of Turkey’s 81 provinces had no known non-Muslim residents or religious meetings.

The plan identified 939 non-Muslim representatives in Turkey as possible targets.

“If even half of what is written in Taraf is accurate, everybody with a conscience in this country has to go mad,” Eyup Can wrote in his Hurriyet column two days after the news broke.

The day after the first Taraf report, the headquarters of the Turkish General Staff filed a criminal complaint against the daily with the Justice Ministry, declaring its coverage a “clear violation” of the laws protecting ongoing prosecution investigations from public release.

Although the prime minister’s office the next day confirmed that the newly revealed “Cage” plot was indeed under official investigation, Prime Minister Recep Tayyip Erdogan criticized Taraf’s public disclosure of the plan as “interfering” and “damaging” to the judicial process and important sectors of the government.

But when the judiciary began interrogating a number of the named naval suspects and sent some of them to jail, most Turkish media – which had downplayed the claims – began to accept the plot’s possible authenticity.

To date, at least 11 of the naval officials identified in the Cage documents are under arrest, accused of membership in an illegal organization. They include a retired major, a lieutenant colonel, three lieutenant commanders, two colonels and three first sergeants.

The latest plot allegations are linked to criminal investigations launched in June 2007 into Ergenekon, an alleged “deep state” conspiracy by a group of military officials, state security personnel, lawyers and journalists now behind bars on charges of planning a coup against the elected AKP government.

Christian Murders Termed ‘Operations’

The plot document began with specific mention of the three most recent deadly attacks perpetrated against Christians in Turkey, cryptically labeling them “operations.”

Initial Turkish public opinion had blamed Islamist groups for the savage murders of Italian Catholic priest Andrea Santoro (February 2006), Turkish Armenian Agos newspaper editor Hrant Dink (January 2007) and two Turkish Christians and a German Christian in Malatya (April 2007). But authors of the Cage plan complained that AKP’s “intensive propaganda” after these incidents had instead fingered the Ergenekon cabal as the perpetrators.

“The Cage plan demanded that these ‘operations’ be conducted in a more systematic and planned manner,” attorney Orhan Kemal Cengiz wrote in Today’s Zaman on Nov. 27. “They want to re-market the ‘black propaganda’ that Muslims kill Christians,” concluded Cengiz, a joint-plaintiff lawyer in the Malatya murder trial and legal adviser to Turkey’s Association of Protestant Churches.

In the first phase of the Cage plot, officers were ordered to compile information identifying the non-Muslim communities’ leaders, schools, associations, cemeteries, places of worship and media outlets, including all subscribers to the Armenian Agos weekly. With this data, the second stage called for creating an atmosphere of fear by openly targeting these religious minorities, using intimidating letters and telephone calls, warnings posted on websites linked to the government and graffiti in neighborhoods where non-Muslims lived.

To channel public opinion, the third phase centered on priming TV and print media to criticize and debate the AKP government’s handling of security for religious minorities, to raise the specter of the party ultimately replacing Turkey’s secular laws and institutions with Islamic provisions.

The final phase called for planting bombs and suspicious packages near homes and buildings owned by non-Muslims, desecrating their cemeteries, setting fire to homes, vehicles and businesses of Christian and Jewish citizens, and even kidnapping and assassinating prominent leaders among the religious minorities.

Lawyer Fethiye Cetin, representing the Dink family in the Agos editor’s murder trial, admitted she was having difficulty even accepting the details of the Cage plot.

“I am engulfed in horror,” Cetin told Bianet, the online Independent Communications Network. “Some forces of this country sit down and make a plan to identify their fellow citizens, of their own country, as enemies! They will kill Armenians and non-Muslims in the psychological war they are conducting against the ones identified as their enemies.”

No Surprise to Christians

“We were not very shocked,” Protestant Pastor Ihsan Ozbek of the Kurtulus Churches in Ankara admitted to Taraf the day after the news broke.

After the Malatya murders, he stated, Christians had no official means to investigate their suspicions about the instigators, “and we could not be very brave . . . Once again the evidence is being seen, that it is the juntas who are against democracy who [have been] behind the propaganda in the past 10 years against Christianity and missionary activity.”

Patriarch Bartholomew of the Greek Orthodox Church also openly addressed the Cage plot, referring to recent incidents of intimidation against Christian and Jewish citizens in Istanbul’s Kurtulus and Adalar districts, as well as a previous raid conducted against the alumni of a Greek high school.

“At the time, we thought that they were just trying to scare us,” he told Today’s Zaman. Several of the jailed Ergenekon suspects now on trial were closely involved for years in protesting and slandering the Istanbul Patriarchate, considered the heart of Eastern Orthodoxy’s 300 million adherents. As ultranationalists, they claimed the Orthodox wanted to set up a Vatican-style entity within Turkey.

Last summer 90 graves were desecrated in the Greek Orthodox community’s Balikli cemetery in the Zeytinburnu district of Istanbul. The city’s 65 non-Muslim cemeteries are not guarded by the municipality, with their maintenance and protection left to Greek, Armenian and Jewish minorities.

As details continued to emerge and national debates raged for more than a week over the Cage plan in the Turkish media, calls came from a broad spectrum of society to merge the files of the ongoing Dink and Malatya murder trials with the Ergenekon file. The Turkish General Staff has consistently labeled much of the media coverage of the Ergenekon investigations as part of smear campaign against the fiercely secular military, which until the past two years enjoyed virtual impunity from civilian court investigations.

According to Ria Oomen-Ruijten, the European Parliament’s rapporteur on Turkey, the long-entrenched role of the military in the Turkish government is an “obstacle” for further democratization and integration into the EU.

Report from Compass Direct News