Patriarchate of Constantinople won case in Strasbourg over church property in Istanbul
A few days ago, the European Court of Human Rights in Strasbourg announced that it respected the appeal of the board of directors of the Church of the Holy Archangels in the district of Arnautkoy on the European side of the Bosphorus. The trustees filed a complaint against the Turkish state regarding their property of more than 8 acres with the possibility of construction. This decision, according to Pravists, is of great significance as it is part of resolving the complex legal puzzle that is gradually unraveling with ECHR case law regarding the property rights of the Ecumenical Patriarchate.
The Greek Orthodox Foundation “Council of Holy Archangels”, as is the full name of this Orthodox legal entity, is one of the 69 Greek Orthodox foundations in Turkey under the Ecumenical Patriarchate. According to Turkish law, religious communities do not exist as denominations but as foundations, and their property has long been subject to encroachment. The council in question appealed the revocation of property rights to the large estate to the European Court in 2009, complaining of violation of his property rights and discrimination against him on the basis of religion.
The property is located next to the former Robert College (closed in 1971, when the Theological School in Halkina was also closed), where many prominent Bulgarians studied in the 19th century. The land was declared the property of the temple 109 years ago, and this declaration was renewed every 20 to 30 years until 2003. However, the Turkish administration then arbitrarily refused to register the ownership of the land in the Turkish Land Registry, and after a series of unsuccessful legal proceedings, awaiting appeal to the ECtHR. In effect, Strasbourg asks the Turkish courts to reopen the property case, but in light of the court’s decision to violate the foundation’s property.
It should be noted that the decision of the ECtHR was unanimous. The judge of Turkey also supported it. And it is the third consecutive decision that orders the return of a property to its Greek Orthodox owner, as was the case with an orphanage and a chapel of his on the island of Prinkipo (Buyuk-ada) in the sea of Marmara (decision of 15.6.2010), as well as a cemetery and a ruined monastery returned to the “Assumption” foundation on the island of Tenedos in the Aegean Sea (decision of 2.6.2009). Turkish courts are expected to comply with the ECHR ruling and recognize ownership of the property.
These legal precedents give hope for a just solution to the land claims of the Bulgarian communities of Istanbul and Edirne, although they are not yet at such a stage.
Photo by Kubra Arslaner: