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ANKARA: Commission passes vetoed articles of foundations law

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  • ANKARA: Commission passes vetoed articles of foundations law

    The New Anatolian, Turkey
    Jan 18 2008


    Commission passes vetoed articles of foundations law without any
    change


    The New Anatolian / Ankara
    18 January 2008


    Designed to enable the country's non-Muslim religious minorities to
    regain their property rights, the controversial niine articles of the
    Foundations Law which was vetoed earlier by former President Ahmet
    Necdet Sezer has been approved at the parliamentary commission
    without any change on Wednesday.

    Deputy Prime Minister Hayati Yazici said the properties confiscated
    by the Turkish state after 1974 will be given back to owners after
    the law becomes effective. He said the value of those will be paid in
    case it was sold. Political opposition parties in Parliament strongly
    criticized the decision of the commission.

    In late 2006, the law was passed at the Parliament after months of
    fierce debate. Former President Ahmet Necdet Sezer partially vetoed
    the bill and sent the "foundations law" back to Parliament for
    revision. In his partial veto, Sezer declared that nine provisions of
    the law were incompatible with the Turkish constitution, the 1923
    Lausanne Treaty or existing Turkish laws.

    The bill would have permitted minority religious foundations to
    reclaim dozens of valuable properties confiscated by the Turkish
    state over the past 33 years. Essentially, the law enabled minority
    foundations to reclaim their confiscated properties from the state,
    including even those registered under the names of saints during
    Ottoman times, when they were established by imperial edict without a
    formal charter.

    But it failed to address the sticky issue of restitution, significant
    for a number of properties that have been re-sold to a third party
    after government expropriation. It also ignored certain properties
    such as cemeteries and minority school assets that are not under any
    foundation.

    The same year with the Turkish peace operation to Cyprus in 1974
    which left the island divided into a Turkish Cypriot north and Greek
    Cypriot south, Turkey's Court of Cassation ruled that minority
    religious foundations were "foreign" organizations and thus could no
    longer buy and sell property. The state then proceeded through
    lengthy court proceedings to confiscate dozens of valuable Greek,
    Armenian and Jewish properties acquired since 1936, when the state
    had required a formal declaration of their immovable assets.
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