WRITTEN QUESTION E-1635/03

by Ioannis Marínos (PPE-DE) to the Council

(15 May 2003)

Subject: Property of non-Muslim communities in Turkey

There are non-Muslim communities in Turkey (Greek Christian Orthodox, Armenians, Jews, Catholics etc.) with various institutions which own property. For decades, Turkey has pursued a policy using various

legal and other stratagems to deprive those institutions of their property. The result of this tactic is that the Greek minority's institutions (which are recognised in Turkish law) are being stripped of their real estate.

Recently following pressure from the EU Turkey announced that there would be changes in the way it dealt with these institutions to bring the Turkish administration into line with EU practice. Despite this, representatives of the Greek community in Istanbul are vigorously protesting that the whole affair is developing into the legalisation of the unlawful confiscation of property since the Turkish administration has declared that it is not prepared to recognise acquired rights and, in particular, the ownership of land confiscated from property owned by the non-Muslim communities in Turkey. According to the official register drawn up in 1923, the Greek minority's institutions in Istanbul owned a total of 11 000 plots of land. The administrations of the minority's institutions recently sent the Turkish administration a list of 1 700 institutions owning land but the Turkish authorities replied that they would only grant applications in respect of far fewer than those 1 700.

What view does the Council take of the Turkish administration's tactics? Are they totally consistent with applicable EU rules on the protection of minority institutions' rights to own property? Is the Council satisfied with the recent changes announced by the Turkish Government? How will the Council respond to secure effective protection for the property of all the non-Muslim communities in Turkey? Will the Council make a settlement of this problem one of the conditions of opening negotiations for the accession of Turkey to the EU?

Reply

(2 October 2003)

1. The Council is fully aware of the precarious situation of non-muslim communities in Turkey, and of the particular problem as regards property. The way in which the Turkish authorities, namely the General Directorate for Foundations (VGM), are dealing with the matter is raising serious concern. The changes which can be expected from the forthcoming 6th reform package appear to be limited to extending post-facto the deadline for the submission of property registration claims. Such an extension could appear unsufficient to address the real problem.

2. The Honourable Member may note that the Council attaches a very high importance to this issue. In all recent meetings with Turkey in the framework of the Association Agreement and of political dialogue, the Council has pointed to the restrictiveness of the regime applicable to religious foundations and urged Turkey to take a different approach. The current worrying developments are being followed with the closest attention. The Honourable Member may be assured that the Council will respond to the situation and do its best to help protection of the property of non-muslim communities in Turkey.

3. As regards the question whether the opening of accession negotiations with Turkey is linked to this problem, the Honourable Member is referred to the revised Turkey Accession Partnership which contains a specific priority on freedom of religion. Under this priority, Turkey is required to establish conditions for the functioning of religious communities which are in line with the practice of EU Member States. It is specified that this includes the enjoyment of property rights in line with Protocol No 1 of the European Convention on Human Rights.