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ISTANBUL: Minorities Appeal For Return Of 35 Properties

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  • ISTANBUL: Minorities Appeal For Return Of 35 Properties

    MINORITIES APPEAL FOR RETURN OF 35 PROPERTIES

    Hurriyet Daily News
    Jan 23 2012
    Turkey

    The Foundations Directorate chair says they are now returning
    properties that were expropriated from minorities, yet adds it that is
    out of question to hand back those which are classified as 'registered
    foundations' A recent ruling by an Istanbul court imposed an interim
    injunction over Sansaryan Han in Istanbul, which was formerly owned
    by the Armenian Patriarchate.

    Turkey's Armenian, Greek and Syriac minorities have lodged an official
    appeal for the return of 35 estates owned by 14 foundations following
    the enactment of the Foundations Law last year.

    "We have come [a long way] since the days when a permit was required to
    even drive a single nail into a wall. We are now returning properties
    that were usurped from the hands of [minority communities] back
    to their real owners," Adnan Ertem, the head of the Prime Ministry
    Foundations General Directorate, recently told the Hurriyet Daily News.

    Representatives of Turkey's minority communities have filed 1,500
    appeals to date since the legislation for the new Foundations Law
    was enacted in two parts - first in 2008 and second in August 2011 -
    but the Foundations General Directorate has approved a mere 181 of
    them so far, Ertem said.

    "If there are claims about the expropriation of the [estates in
    question] by public institutions, then [minorities] can appeal to
    the judiciary. There is no need to pass a law for this," Ertem said,
    adding that it was out of question to hand back estates classified
    as "Registered Foundations" and whose ownership had passed to the
    Foundations General Directorate after they were left without an owner.

    Minority communities have a grace period to apply for the return of
    their properties until August 2012 as part of the law passed last
    year. No appeals have yet been issued for any properties outside of
    Istanbul, however.

    In the meantime, the country's Syriac Christian community has also been
    waging an uphill legal battle to retrieve their ancient monasteries
    and foundation lands in eastern and southeastern Turkey.

    Five lawsuits filed by the Forestry and Waterworks Ministry, the Land
    Registry and Cadastre Directorate General, the Treasury and residents
    from neighboring villages against the managers of the Syriac Mor
    Gabriel Foundation on the grounds that the historical monastery is
    occupying their lands have also made their way to the European Court
    of Human Rights.

    As more and more villagers began settling on the lands in question,
    the 1,700-year-old Mor Gabriel Monastery (Deyr-ul Umur), the Syriacs'
    most revered place of worship, was gradually encircled by farming
    communities. The inhabitants of the villages of Yayvantepe, Candarlı
    and Eglence subsequently filed a suit against the monastery in 2008
    on the grounds that it was occupying their lands.

    Although Syriacs are often regarded as a minority, they are exempt
    from the terms of the Lausanne Treaty of 1923, which only recognized
    Armenian, Greek and Jewish minorities in the country.

    The issue of returning Syriac monasteries is a matter that is beyond
    the directorate, Ertem said, adding that the Syriac community in
    Istanbul had plans to establish a church there and that they were
    ready to give the green light provided the community can find a tract
    of foundation land.

    Ertem also said they were working on the return of the Armenian Surp
    Hac Tıbrevank Clerical School in Istanbul's Uskudar district.

    "We are trying to get hold of an Ottoman-era document indicating that
    the foundation was owned by the [Armenian] community. The community
    is unable to present the document," he said.

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