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  • F18News: Turkey - What will happen to state-confiscated places of wo

    FORUM 18 NEWS SERVICE, Oslo, Norway
    http://www.forum18.org/

    The right to believe, to worship and witness
    The right to change one's belief or religion
    The right to join together and express one's belief

    ===============================================
    Wednesday 24 September 2014
    TURKEY: WHAT WILL HAPPEN TO STATE-CONFISCATED PLACES OF WORSHIP?

    The use and ownership of Turkey's many state-confiscated places of worship
    raises many questions, including how to address past injustices and the
    present needs of religious communities and historical preservation.
    Opinions are divided on who Christian churches converted into mosques
    centuries ago and then turned into museums should be returned to. Many
    Alevi tekke (dervish lodges) were turned into mosques under the control of
    the government's Diyanet or assigned to the use of municipalities. The many
    current uses of such buildings, and the legal status of their potential or
    past owners, also affects Turkey's implementation of its international
    obligations to protect freedom of religion or belief. With little or no
    consultation with religious or belief communities and other interested
    parties and no general guidelines, state decisions on this delicate subject
    are bound to be taken on an arbitrary basis, Forum 18 News Service notes.

    TURKEY: WHAT WILL HAPPEN TO STATE-CONFISCATED PLACES OF WORSHIP?
    http://www.forum18.org/archive.php?article_id00
    By Mine Yildirim, Norwegian Helsinki Ctte


    For many years, in some cases going back to the 1920s, numerous religious
    communities have been unable to use their places of worship as the state
    has confiscated them. These buildings are under the care of, among other
    state bodies, the Culture and Tourism Ministry, the General Directorate of
    Foundations, the Treasury, the Diyanet or Presidency of Religious Affairs,
    and municipality or village administrations. Forum 18 News Service notes
    that this situation allows the authorities considerable discretion in how
    these sites - in some cases of great historical importance - are cared for
    and used.

    Complex problems

    The situation of each place of worship within the state's control is
    embedded within a complex series of legal and administrative decisions
    taken over many years without the participation and consent of the relevant
    religious communities. In many cases, more than one group has a legitimate
    interest in a particular building, as historically the buildings in
    question were often built as a church, taken over as a mosque, and then
    taken over again as a museum.

    Crucially, no religious or belief community of any kind in Turkey is
    allowed to have legal entity status. This makes it very difficult to find a
    legal body to which a particular worship place could be returned. Various
    foundations and associations exist which do have legal status and which
    have some kind of link to various places of worship. But these are not the
    same as belief communities and handing over places of worship to these
    bodies may cause different problems, even if these associations and
    foundations request the building concerned (see Forum 18's Turkey religious
    freedom survey ).

    All this makes the problems caused by state confiscations very difficult to
    solve, even if the government decided to solve them.

    Recent museum to mosque conversions

    Much attention has been paid to government decisions to turn two former
    churches into mosques: in 2011 over the north-western city of Iznik's Hagia
    Sophia Museum (from its construction in the mid 6th century until 1337 a
    Greek Orthodox church, from then until 1935 a mosque); and in 2013 over the
    north-western port city of Trabzon's Hagia Sophia Museum (from its
    construction in the mid 13th century until 1584 a Greek Orthodox church,
    from then until 1964 a mosque).

    This attention may have been sparked by the questions of whether and when
    the government intends to turn Istanbul's high profile Hagia Sophia Museum
    into a mosque. Built as a Greek Orthodox Cathedral in 532, it was turned
    into a mosque in 1453 when Ottoman Sultan Mehmet II conquered the then city
    of Constantinople. It became a museum following a decree by the Republic's
    founder Mustafa Kemal Ataturk in 1935.

    Istanbul's Hagia Sophia

    Turning Istanbul's Hagia Sophia Museum in Istanbul into a mosque is not as
    unlikely as it once seemed. The process would probably follow the one
    applied in the cases of Iznik's and Trabzon's Hagia Sophias and is a
    political decision. At the re-opening ceremony of the renovated Arap Cami
    Mosque in 2012 (built in 1325 as a Latin-rite Catholic church, used since
    1475 as a mosque), Deputy Prime Minister Bülent Arinc stated that mosques
    should only be used as mosques, and it was wrong for them to have been
    turned into museums. In 2013 he said that "the days that Hagia Sophia [in
    Istanbul] will smile are close".

    Among Arinc's responsibilities is overseeing the Vakiflar Genel Müdürlügü
    (VGM - Directorate-General of Foundations). Among other things, the VGM is
    responsible for implementing the limited but welcome 2011 Restitution
    Decree allowing non-Muslim community foundations to apply to regain or
    receive compensation for some property the state confiscated from them (see
    F18News 6 October 2011
    ).

    In February 2013, Talip Bozkurt, an individual from the city of
    Kahramanmaras, applied to the Turkish Grand National Assembly's Petitions
    Commission for the opening of Istanbul's Hagia Sophia as a mosque. Before
    it decides, the Petitions Commission is collecting the opinion of relevant
    parties on the request.

    Contrasting opinions

    Opinions on this application are divided. In recent years the youth
    organisations linked to two political parties - Anadolu Genclik Dernegi
    (Anatolian Youth Association - AGD), close to the Saadet Party, and Alperen
    Ocaklari, close to the National Movement Party - have been campaigning for
    the conversion of the Hagia Sophia Museum into a mosque. On 31 May 2014 the
    AGD held early morning Muslim prayers outside Hagia Sophia. However, the
    Tarih Vakfi (History Foundation) started a campaign on 12 May to keep the
    Hagia Sophia Museum as a museum, in order to ensure that its historical and
    cultural heritage is preserved.

    The Greek Orthodox Ecumenical Patriarch, Bartholomew I, told Milliyet
    newspaper in February 2014 that "If it [Hagia Sophia] is to reopen as a
    house of worship, then it should open as a Christian church". He stressed
    that it had been "built as a church not a mosque". But Mehmet Görmez, Head
    of the Diyanet, told Turkish Public Television news on 11 September that
    "Hagia Sophia is not a museum, not a church. It is the common place of
    worship of all Muslims."

    Political trend

    The demands and debates concerning the proposed conversions of buildings
    are best seen as a part of the trend under the currently-ruling Justice and
    Development Party (AKP) to undo or compensate for the actions of previous
    governments of the Republic from 1924 onwards. Observant Muslims have
    regarded these earlier government actions as injustices which should be
    corrected, although they also regard previous conversions by the Ottoman
    Empire of buildings from churches into mosques as just under Islamic Law -
    even though the Christian community sees them as unjust. One can speak of
    an apparent web of injustices, with no universally-acceptable correction
    yet proposed.

    The General Directorate of Foundations (VGM) under Deputy Prime Minister
    Arinc has emerged as a key institution in the highly politicised process of
    giving new uses to these old buildings confiscated by the state. A recent
    example is Istanbul's oldest church building, St John the Baptist Church
    built in 463 and turned into a mosque in 1486. The dilapidated building was
    under the protection of the Culture and Tourism Ministry. The building was
    transferred to the VGM in January 2013, which intends to restore it and
    turn it into the Ilyasbey Mosque, Agos newspaper reported on 13 November
    2013. According to VGM Director Adnan Ertem, the decision to turn the
    museum into a mosque was made by the Turkish Cabinet and were it to make
    the same decision for Hagia Sophia, the VGM would implement this.

    What happened to the dervish lodges?

    Laws passed in 1925 had an enormous impact on Alevis, who may amount to one
    third of the population, banning their places of worship (see Forum 18's
    Turkey religious freedom survey
    ). Dogan Bermek, Deputy
    Head of the Federation of Alevi Foundations, told Forum 18 on 8 August that
    many tekke (dervish lodges) were turned into mosques under the control of
    the Diyanet or assigned to the use of municipalities for a variety of
    purposes, including as cemeteries.

    Uncertainty surrounds the number and location of such properties, who their
    owners were, and in what circumstances they were transferred to state
    control. Much documentation that might clarify this may no longer exist.

    Following the 2011 Restitution Decree (see above), numerous Alevi
    associations and foundations, including the Federation of Alevi
    Associations, have called for the return of property confiscated from them
    under the 1925 Law No. 677 ("Closure of Dervish Convents and Tombs, the
    Abolition of the Office of Keeper of Tombs and the Abolition and
    Prohibition of Certain Titles") (see Forum 18's Turkey religious freedom
    survey ). But there has
    been no response to these requests.

    Cases still occur of tekke being converted into Diyanet-administered
    mosques. In July 2014 the building of the Kececi Baba Dergah in eastern
    Turkey was converted into a mosque. The Dergah is thought to have existed
    for 1,000 years until its closure in 1924. An imam has been appointed and
    the Muslim call for prayers started.

    The village muhtar (headman) Gürsel Gürbüz pointed out that villagers do
    not worship in mosques, Cumhuriyet daily reported on 24 July 2014. He was
    among a group of villagers who visited the Governor of Erbaa, Abdülkadir
    Demir, asking for the imam to be removed and for the call to prayer to
    stop. The Governor verbally rejected the request, stating that if villagers
    want the call to prayer to stop he would doubt their Muslim identity.

    The local mufti was unavailable to comment to Forum 18 in early September.

    Places of worship - or something else?

    The VGM must by law administer confiscated properties it holds in
    accordance with the legal foundation deed of the relevant foundations. On
    11 August the VGM told Forum 18 that 172 Sufi Muslim tekkes, 98 Christian
    churches, 34 Alevi dergahs, and 3 Jewish synagogues are under its
    guardianship.

    But as the Norwegian Helsinki Committee: Turkey Freedom of Belief
    Initiative's (NHC:IÖG) January - June 2013 monitoring report notes, places
    of worship handed to others by the VGM are not always used in accordance
    with their initial purpose. A synagogue in Gaziantep was architecturally
    restored but then assigned to Gaziantep University. Similarly, an Armenian
    Protestant Church in Diyarbakir was assigned to the use of a carpet weaving
    centre in 2012 (see
    ). The Armenian
    Protestant community had asked for their Church to be returned for its use.

    Municipalities also have control over the use of places of worship. Izmir
    Greater City Municipality has recently architecturally restored an
    originally Greek Orthodox church in Bornova. But despite requests from
    local Protestant churches to use the building for worship, it is being used
    as a cultural centre. The same municipality also recently architecturally
    restored the 19th century Greek Orthodox Agios Voukolos Church (also since
    used as a museum and rehearsal hall for opera singers) and in 2011 decided
    it should be used for social purposes. A Greek Orthodox liturgy celebrated
    there in August 2014 - the first in the city since 1922 - appears to have
    been a one-off event. Bornova's Beit Hillel Synagogue was similarly
    architecturally restored, but not assigned for the use of the Jewish
    community.

    Government ministries, such as the Defence Ministry, also control
    confiscated places of worship. The Sivas Ermenileri ve Dostlari
    Derneği (Association of Armenians from Sivas and Friends - SEDD) have
    since 2012 been asking to take over the Armenian Apostolic Surp Kevork
    Church, which has been used by the army as an ammunition store since 1940.
    On 9 December 2013, the Governor of Sivas, Zübeyir Kebelek, told Sabah
    newspaper that the church will be architecturally restored. But Sebuk Koçak
    of the SEDD told Forum 18 on 22 September 2014 that they are still waiting
    for a response from the Defence Ministry.

    Faith tourism?

    Restricted possibilities for some to meet for worship are being permitted
    in places of worship that are now museums under the Culture and Tourism
    Ministry - especially it seems if the former place of worship has major
    historical significance. All such sites appear to be confiscated Christian
    churches. Occasional Christian worship is being allowed at a small number
    of these confiscated churches.

    A list of such churches and sites of historical long-ruined churches (such
    as at places named in the New Testament) now used as museums where worship
    is permitted once a year was prepared by the Ministry in 2000 and has been
    added to since. The list has been made public. It is unclear what criteria
    were used to compile the list, but it appears that no Turkish religious
    community was consulted.

    The Culture and Tourism Ministry has not responded to Forum18's 8 August
    request for the full list of all sites under its care that have previously
    been places of worship.

    Historically significant places of worship of Turkey's Alevi community have
    not been included in this list. One example is the Haci Bektas-i Veli
    Dergah in Nevsehir, founded in the 13th century but closed in 1925. The
    Dergah was opened as an Ethnography Museum in 1964, but the Alevis are not
    allowed to perform their rituals in this place of worship which has been
    significant for them for centuries. However, they are allowed to hold
    worship and other religious ceremonies for three consecutive days a year in
    the nearby Haci Bektas-i Veli Culture Centre.

    Those who visit the Dergah Museum during these days do not have to pay an
    entrance fee - but those who visit the museum churches when worship
    services are allowed must pay an entrance fee. This further demonstrates
    the arbitrary nature of the concession to some but not all religious
    communities.

    Among the museum churches known to be on the list since 2010 is Akdamar's
    Armenian Apostolic Church in Van and Trabzon's Greek Orthodox Sumela
    Monastery. Both were forcibly abandoned, in 1915 and 1923 respectively,
    during the conflict and forced population exchanges that took place during
    and after the First World War.

    Permission for worship

    Prior government permission is required for worship in buildings on the
    Culture and Tourism Ministry list. The Ecumenical Patriarchate asked the
    western Balikesir Governorship in April 2013 to celebrate worship in
    September 2013 in the Taksiyarhis Church on Ayvalik's Cunda Island. The
    request was refused three days before the planned meeting for worship
    "because Taksiyarkis does not appear on the list of churches where worship
    can be held", Taraf Daily reported on 8 December 2013.

    The Church was built in 1873, converted into a mosque in 1927, and
    abandoned after an earthquake in 1944. In 2011 the Rahmi M. Koc Foundation
    for Musicology and Culture leased the church from the VGM to use as a
    museum and concert hall. "They organise concerts in the church, so we find
    it difficult to understand why it is a problem for us to hold worship
    there," an unnamed Greek Orthodox believer told Taraf Daily.

    Way forward needed

    The use and ownership of the many state-confiscated places of worship
    raises many questions, including but not limited to how to address past
    injustices and the present needs of religious communities and historical
    preservation. The many current uses of these buildings, and the legal
    status of their potential or past owners, also affects Turkey's
    implementation of its international obligations to protect freedom of
    religion or belief.

    With little or no consultation with religious or belief communities and
    other interested parties and no general guidelines, state decisions on this
    delicate subject are bound to be taken on an arbitrary basis. One way
    forward could be to establish an inclusive commission to draft guidelines
    for good practice for public authorities facing this issue, taking full
    account of Turkey's international human rights obligations.

    The issue appears likely only to increase in importance. Previous and
    current state approaches have already failed to address the issue
    adequately, and could even lead to Turkey losing cases at the European
    Court of Human Rights in Strasbourg. (END)

    The Norwegian Helsinki Committee: Turkey Freedom of Belief Initiative's
    (NHC:IÖG) January - June 2013 monitoring report can be found at
    .

    For more background, see Forum 18's Turkey religious freedom survey at
    .

    More analyses and commentaries on freedom of thought, conscience and belief
    in Turkey can be found at
    .

    A compilation of Organisation for Security and Co-operation in Europe
    (OSCE) freedom of religion or belief commitments can be found at
    .

    A printer-friendly map of Turkey is available at
    .

    All Forum 18 News Service material may be referred to, quoted from, or
    republished in full, if Forum 18 is credited as the
    source.

    © Forum 18 News Service. All rights reserved. ISSN 1504-2855.


    From: Baghdasarian
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