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A4 Directorate for Relations with Turkey

 

Ecumenical Patriarchate

 

The Ecumenical Patriarchate is the highest-ranking Orthodox Church. The primacy of the Ecumenical Patriarch who is the spiritual leader of Orthodox Christians around the world and his international character are also recognised in the Lausanne Treaty (see signed Procs-Verbal of 10 January 1923, where the head of the Turkish delegation, Ismet Pacha, calls him the Chef de lEglise grecque orthodoxe). During the Lausanne negotiations, Turkey pressed for the removal of the Patriarchate from Turkish territory, but met with the steadfast objections of Eleftherios Venizelos and the other delegations.

 

At the time of the signing of the Lausanne Treaty, Turkey was already making concerted efforts to weaken the Ecumenical Patriarchate, which was considered a potential threat that should be removed.  Turkey restricted candidacy for the office of Patriarch to priests of Turkish nationality professionally active in Turkey, confiscating churches and property donated to the Patriarchate. They attempted to replace the Patriarch through creating a state-controlled entity as a church the so-called Turkish-Orthodox Patriarchate under one Papa Eftim. Despite support from the authorities, it remained without a congregation but managed with the encouragement of the authorities, of course to usurp a mere four churches, along with their valuable real estate assets, from the historic Greek community of Galatas/Istanbul.

 

In addition, the relentless persecution of the Ethnic Greeks of Istanbul, which culminated in the looting and other criminal acts of September 1955 and the mass deportations of ethnic Greeks which followed in 1964, coupled with measures taken against the Patriarchate and the closure of the Heybeliada (Halki) Seminary (1971), further weakened the Ecumenical Patriarchate within Turkey, but did not succeed in reducing its influence and standing internationally. In recognition of its ecumenical mission, several foreign heads of state and government have visited the seat of the Patriarchate and many more have invited the Ecumenical Patriarch to carry out state visits to their countries.

 

Turkey continues to systematically violate provisions of the Lausanne Treaty (Articles 14 and 37-45) regarding minorities, as well as provisions in the European Convention on Human Rights (Article 9 on Religious Freedom). As a result of all the above, the Ecumenical Patriarchate continues to face many problems today.

 

The Patriarchates problems

 

1. The non-recognition of the Ecumenical nature of the Patriarchate


Turkey does not recognise the ecumenical nature of the Patriarchate. It regards it as an institution whose leader is seen only as the spiritual leader of Orthodox believers in Turkey. In addition, the Turkish authorities do not allow the use of the term Ecumenical for any religious activity whatsoever.  It should be noted that the term Ecumenical has an exclusively religious and spiritual meaning, used since the sixth century AD, and is recognised around the world.

 

 

 

2. The denial of a legal personality

 

Turkey does not recognise that the Ecumenical Patriarchate has a legal personality. This situation results, inter alia, in the non-recognition of its ownership rights. Even the Patriarchal Mansion itself is not recognised as the Patriarchates property, and in 2005, a Turkish court ruled that the Bykada (Prinkipos) Greek Girls and Boys Orphanage Foundation, for which the Patriarchate has held a deed of ownership since 1902, is not its property. There is a pending case on this issue before the European Court of Human Rights, lodged by the Patriarchate.

 

3. The inability to train new clergy

 

The re-opening of the Heybeliada (Halki) Seminary, which was closed down by Turkish authorities in 1971, is one of the Patriarchates fundamental demands, in order to enable it to train new priests and to ensure its historical continuity.

 

4. The non-issuance of residence and work permits for foreign Priests (non-Turkish citizens) of the Ecumenical Patriarchate

 

As a result of the non-recognition of the legal personality and the ecumenical nature of the Patriarchate, clergy who come from dioceses outside Turkey and serve as deacons at the seat of the Patriarchate are not eligible to apply to the Turkish authorities for residence and work permits.

 

5. The handling of property and ownership rights of the Patriarchate and ethnic Greeks

 

Despite legislative amendments over the last two years, no substantial changes have been seen so far in the way the Patriarchate and the ethnic Greek community continue to be treated by the Turkish public administration. Several religious foundations (wakf/vakif) are still designated as seized (mazbut), and requests for these properties (including even churches) to be returned to their rightful owners have been rejected.  According to a 1974 Turkish Supreme Court of Appeals (Yargitay) decision, property donated after 1936 to religious foundations whose constitutive document does not explicitly mention the right to acquire property is not recognised as the property of such foundations.

 

6. Management of Greek Orthodox Cemeteries

 

In violation of the Lausanne Treaty (Article 42) and pursuant to Article 160 of the Law on Local Government, more than 40 Greek Orthodox cemeteries are now under the competence of local authorities.

 

7. Religious freedoms in Turkey and the future of the Ecumenical Patriarchate

 

Under the abovementioned circumstances and given the demand on the part of the Turkish authorities that the entire clergy be comprised of Turkish citizens, coupled with the fact that the ethnic minority has dwindled, it is obvious that the Ecumenical Patriarchate runs the risk of not being in a position to carry out its mission in the future. 

 

In order to be able to fulfil its mission, the Ecumenical Patriarchate has submitted the following demands:

 

   The annulment of the 1923 and 1970 decrees (Tezkere and Talimat, respectively) of the Prefect of Istanbul on the election of the Patriarch, which stipulate, inter alia, that: a) Those who vote and those who are elected must be Turkish citizens; b) they must already be carrying out ecclesiastical duties within Turkey, and c) they must recognise the right of the Prefect of Istanbul to intervene in the election process and even to appoint the Patriarch himself.

 

   The eligibility of clergy who are non-Turkish nationals to obtain residence and work permits, enabling them to obtain Turkish citizenship later on provided that this is a prerequisite for joining the staff of the Ecumenical Patriarchate.

 

   The Patriarchs election to include the entire clergy of the Patriarchate, as provided for in the Orthodox Churchs Canon Law, and for the Patriarch to be granted Turkish citizenship should he not already hold it.

 

Issues of religious freedom are an important chapter in the reforms to be made towards improving Turkeys human rights record, not only within the framework of its European perspective, but also as part of the Turkish states obligations to its own citizens. All of the European Commissions texts relevant to Turkey consider the Ecumenical Patriarchates problems, as well as those of the other non-Muslim communities, to be issues that must be resolved by the Turkish authorities.


The Ecumenical Patriarchate supports Turkeys European perspective in the hope that Ankaras compliance with European values will be of benefit to all its citizens and change the countrys stance towards this significant Christian institution, bringing about a sea change in the views on religious minorities that are still prevalent in Turkey.


Last updated: May 2007





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