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Today's Zaman, Turkey
Dec 14 2012
Dink Foundation urges further steps for seized Armenian properties
14 December 2012 / SEVGİ AKARÇEŞME, İSTANBUL
A publication by the Hrant Dink Foundation on the seized properties of
Armenian foundations in İstanbul states that the positive changes made
to the Foundations Law with a decree notwithstanding, further steps
are needed for easing the return process.
The study, titled "2012 Declaration: The Seized Properties of Armenian
Foundations In İstanbul," includes a complete inventory of all the
properties previously owned by Armenian foundations and urges a change
in the "general mindset of the state regarding minorities and not to
view changes made in the law as a favor or a privilege, but a right."
According to the publication, of the 1,328 properties acquired by 53
Armenian foundations in İstanbul over the years, 661 were confiscated
by the state for various reasons while 580 of them remained in the
hands of the foundations. The study stated that with the legal changes
made in the last decade, only 143 of the 661 properties were returned
to their rightful owners, constituting only 10.77 percent of the total
of 1,328.
While calling the implementation of Law No. 651 dated Aug. 27, 2011 as
a "significant step forward in removing the marks of discriminatory
policies carried out throughout the history of the republic," the
inventory raises issues with the return of the properties. One of the
problems is that "the burden of proof is still placed on the
foundations," which constitutes a real challenge due to the difficulty
of gaining access to archives for the deeds. Consequently, the report
by the foundation urges the opening of the archives of the General
Directorate of Land Registry and Cadastre to institutions including
Armenian foundations.
In an attempt to avoid a misperception in the larger Turkish society,
the foundation underlines the purpose of the publication of an
inventory and makes it clear that "the problem is not only about a
'demand for properties,' but an issue of the sustainability of the
cultural existence and to contribute towards the establishment of
democratic rights in this country."
Emphasizing the ongoing budget deficit problems of the foundations
because their revenue is only generated by the revenues of properties
and donations, the report states that "it is only after a legal
amendment in 2008 that one foundation has been allowed to help
another."
Another problem, according to the publication, is that 19 percent of
the seized assets of Armenian foundations in İstanbul have passed into
the hands of third parties and institutions, the Tuzla Armenian
Children's Camp being one of the most well-known examples.
The properties of the Armenian Patriarchate constitute a significant
problem because, as the report states, "the fact that the Patriarchate
does not have a legal personality prevents it from acquiring
property." The report refers to the Ottoman period when Armenians had
certain "properties that were used for the needs of the community
registered in the name of the patriarchate." However, the report
underlines that in the republican period, it was "not allowed to
reregister assets it had previously acquired in its name." Along
similar lines, Hüseyin Hatemi, a professor of law who wrote a foreword
for the 2012 Declaration, says that "problems related to the
Theological School of Halki which remains closed and the legal
personality of patriarchates have not been solved," while
acknowledging the "relatively progressive step towards the return of
the unrightfully seized assets."
Despite the positive steps however, the verdict by the Supreme Court
of Appeals to transfer the land of the Mor Gabriel Monastery to the
Treasury, despite the documents proving that it belongs to Syriacs, is
given as an alarming example.
The Hrant Dink Foundation's 2012 Declaration concludes with a
statement that it will be a significant gain for democratization for
Turkey "when it [the country] finally quits regarding minority
community members, who are its citizens, as potential internal
threats."
The 480-page study, which was completed in 20 months, includes
historical background, photos and maps of Armenian properties in
İstanbul.
http://www.todayszaman.com/newsDetail_getNewsById.action;jsessionid=9026CC508 26A21FE56BA068398A3B18B?newsId=301163&columnistId= 0
From: Baghdasarian
Dec 14 2012
Dink Foundation urges further steps for seized Armenian properties
14 December 2012 / SEVGİ AKARÇEŞME, İSTANBUL
A publication by the Hrant Dink Foundation on the seized properties of
Armenian foundations in İstanbul states that the positive changes made
to the Foundations Law with a decree notwithstanding, further steps
are needed for easing the return process.
The study, titled "2012 Declaration: The Seized Properties of Armenian
Foundations In İstanbul," includes a complete inventory of all the
properties previously owned by Armenian foundations and urges a change
in the "general mindset of the state regarding minorities and not to
view changes made in the law as a favor or a privilege, but a right."
According to the publication, of the 1,328 properties acquired by 53
Armenian foundations in İstanbul over the years, 661 were confiscated
by the state for various reasons while 580 of them remained in the
hands of the foundations. The study stated that with the legal changes
made in the last decade, only 143 of the 661 properties were returned
to their rightful owners, constituting only 10.77 percent of the total
of 1,328.
While calling the implementation of Law No. 651 dated Aug. 27, 2011 as
a "significant step forward in removing the marks of discriminatory
policies carried out throughout the history of the republic," the
inventory raises issues with the return of the properties. One of the
problems is that "the burden of proof is still placed on the
foundations," which constitutes a real challenge due to the difficulty
of gaining access to archives for the deeds. Consequently, the report
by the foundation urges the opening of the archives of the General
Directorate of Land Registry and Cadastre to institutions including
Armenian foundations.
In an attempt to avoid a misperception in the larger Turkish society,
the foundation underlines the purpose of the publication of an
inventory and makes it clear that "the problem is not only about a
'demand for properties,' but an issue of the sustainability of the
cultural existence and to contribute towards the establishment of
democratic rights in this country."
Emphasizing the ongoing budget deficit problems of the foundations
because their revenue is only generated by the revenues of properties
and donations, the report states that "it is only after a legal
amendment in 2008 that one foundation has been allowed to help
another."
Another problem, according to the publication, is that 19 percent of
the seized assets of Armenian foundations in İstanbul have passed into
the hands of third parties and institutions, the Tuzla Armenian
Children's Camp being one of the most well-known examples.
The properties of the Armenian Patriarchate constitute a significant
problem because, as the report states, "the fact that the Patriarchate
does not have a legal personality prevents it from acquiring
property." The report refers to the Ottoman period when Armenians had
certain "properties that were used for the needs of the community
registered in the name of the patriarchate." However, the report
underlines that in the republican period, it was "not allowed to
reregister assets it had previously acquired in its name." Along
similar lines, Hüseyin Hatemi, a professor of law who wrote a foreword
for the 2012 Declaration, says that "problems related to the
Theological School of Halki which remains closed and the legal
personality of patriarchates have not been solved," while
acknowledging the "relatively progressive step towards the return of
the unrightfully seized assets."
Despite the positive steps however, the verdict by the Supreme Court
of Appeals to transfer the land of the Mor Gabriel Monastery to the
Treasury, despite the documents proving that it belongs to Syriacs, is
given as an alarming example.
The Hrant Dink Foundation's 2012 Declaration concludes with a
statement that it will be a significant gain for democratization for
Turkey "when it [the country] finally quits regarding minority
community members, who are its citizens, as potential internal
threats."
The 480-page study, which was completed in 20 months, includes
historical background, photos and maps of Armenian properties in
İstanbul.
http://www.todayszaman.com/newsDetail_getNewsById.action;jsessionid=9026CC508 26A21FE56BA068398A3B18B?newsId=301163&columnistId= 0
From: Baghdasarian