A4 Directorate for Relations with Turkey
Ethnic Greeks in Istanbul, Gokceada (Imvros) and Bozcaada (Tenedos)
After the Lausanne Treaty (1923), there were still over 130,000 ethnic Greeks in Istanbul, Gokceada (Imvros) and Bozcaada (Tenedos). Since then, as a consequence of a series of systematic persecutions by the Turkish State, culminating in the events of September 1955 and the 1964 expulsions, have led to a gradual and steep decline in their numbers. Today, there are clearly fewer than 5,000 ethnic Greeks left in Turkey.
Not only did Ankara not respect the Lausanne Treaty, but it also systematically and methodically took every possible step that would lead to the uprooting of the ethnic Greeks and their forced emigration away from their traditional hearths. In contrast, the Muslim minority in Greece has prospered, increasing in population from 86,000 in 1922 to well over 100,000 today.
Treatment of ethnic Greeks by the Turkish state 1923-2007
Property Ownership
Despite legislative amendments that Turkey has carried out in the last two years within the framework of its EU accession course, there has been no substantial change in the treatment of the ethnic Greeks by the Turkish public administration. As is the case with the property rights of the Ecumenical Patriarchate, many ethnic Greek religious foundations (Vakif) are still designated as seized (mazbut) and demands for them (even of Holy Churches) to be handed over to their rightful owners are denied. In 1974, the Turkish Supreme Court of Appeals (Yargitay) ruled that religious foundations cannot acquire property, unless this possibility is specifically mentioned in the declarations they were obliged to submit in 1936. Therefore, most of the properties acquired by religious foundations after 1936, either by donation or purchase, ended up as property of the Turkish state. This practice is still going on today, with the result that hundreds of properties are still under Turkish administration and in the long term will come under the full ownership of the Turkish state. The foundation Greek Minority Lyceum in Fener (Fener Rum Erkek Lisesi Vakfi) (see below) has already won its case in the European Court of Human Rights regarding the property it obtained after 1936.
Educational issues
The education of ethnic Greeks is provided for in the Lausanne Treaty, complemented by the 1951 Education Agreement and the 1968 Cultural Protocol.
The Turkish authorities systematically obstruct the smooth running of the ethnic Greek schools. A number of measures have led to a fall of enrolment in these schools from around 7,000 in 1960 to about 250 today, the deterioration of the education provided and the closure of many schools. Of particular note are the reductions in the amount of Greek being taught, the refusal of requests from head teachers for teacher vacancies to be filled, teachers being banned from working in more than one school, and restrictions on the enrolment of new pupils.
Gokceada (Imvros) Bozcaada (Tenedos)
According to Article 14 of the Lausanne Treaty, the islands of Imvros and Tenedos devolved to Turkey. At the same time, provision was made for a special administrative status (local autonomy) comprised of local elements to provide guarantees to autochthonous non-Muslims, who comprised the overwhelming majority of the population of the two islands at the time. However, the provisions of this article were never applied. In fact, in 1964 the teaching of Greek was forbidden, with the result that most of the pupils left for Istanbul and Greece.
Thus, the Greek population on the two islands (permanent residents) has dwindled dramatically from around 9,000 in 1960 to around 500 today.
There are also substantial problems that ethnic Greeks encounter concerning their private and community property rights on both islands. The Turkish authorities do not recognise the ethnic Greek foundations ownership of many buildings, churches and chapels. On the pretext of drawing up a new Land Register and the designation of large areas as cultural or natural monuments to be preserved, as well as the non-recognition of old ownership deeds, has resulted in many buildings even Churches coming under Turkish state ownership, to be sold off subsequently to settlers from the Turkish hinterland. The Community of Tenedos has already taken this to the European Court of Human Rights in order to safeguard its property.
Under the Treaty of Lausanne, Turkey is internationally obliged to protect the Greek minority in Istanbul, Gokceada (Imvros) and Bozcaada (Tenedos), an obligation which is systematically violated. Furthermore, the effective protection of minorities is part of the political criteria of Copenhagen, to which Turkey will have to adapt as it moves towards Europe. The European Commission flags the problems in its Annual Progress Reports on Turkey and expects Turkey to resolve them.
Greek Minority Lyceum in Fener (Megali tou Genous Sxoli/Fener Rum Erkek Lisesi Vakfi) Application to the European Court of Human Rights (ECHR)
In 1952, the foundation Fener Rum Erkek Lisesi Vakfi received a donation of part of a building in Istanbul and purchased another part of that building in 1958.
In 1992, the Turkish Treasury (Hazine) requested the setting aside of the title deed of the foundation Fener Rum Erkek Lisesi Vakfi and the transfer of the property to its former owner. The court battle ended, at the highest level, in 1996, with a decision in favour of the Turkish Treasury. The principal argument of the Turkish side was and still is that, based on a decision (1974) by the Supreme Court of Turkey (Yargitay), minority religious foundations were precluded from purchasing or accepting a gift of property, unless this was explicitly provided for in the constitutive document of 1936, which they were under obligation to submit, based on Law 2762/1935. This document was regarded by the Turkish authorities as a statute.
In November 1996, the foundation Fener Rum Erkek Lisesi Vakfi lodged an application with the European Commission of Human Rights. The European Court of Human Rights (ECHR) declared the application admissible on 8 July 2004. A Chamber hearing took place in public on 20 September 2005.
On 9 January 2007, the ECHR issued a judgement condemning Turkey for violation of article 1 of Additional Protocol 1 of the European Convention On Human Rights (protection of property), and called upon Turkey, within three months of the day on which the Courts judgement becomes final, either to return the property to its legitimate owners or pay damages in the amount of 890,000 and 20,000 for costs and expenses. The Court took its final decision on 9 April 2007, with which Turkey is under an obligation to comply by 9 July 2007.
This decision is of particular importance, mainly because it condemns a decades-long Turkish practice and the relevant court decision of 1974, based on which minority religious foundations are not recognised as the owners of real estate obtained after 1936.