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ECHR: Yedikule Surp Pirgic Ermeni Hastanesi Vakfi v. Turkey

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  • ECHR: Yedikule Surp Pirgic Ermeni Hastanesi Vakfi v. Turkey

    EUROPEAN COURT OF HUMAN RIGHTS
    444
    2.9.2005

    Press release issued by the Registrar

    European Court of Human Rights - September hearings

    The European Court of Human Rights will be holding the following hearings in
    September 2005.

    Tuesday 20 September 2005

    Chamber Hearing on the merits

    9 a.m. Fener Rum Erkek Lisesi Vakfi v.Turkey (no. 34478/97) and
    Yedikule Surp Pirgic Ermeni Hastanesi Vakfi v. Turkey (nos. 50147/99
    and 51207/99)

    Both applicants are foundations under Turkish law that were established
    at the time of the Ottoman Empire. Fener Rum Erkek Lisesi Vakfi
    was set up to provide educational facilities at the Greek Higher
    Secondary School in Fener (Istanbul). Yedikule Surp Pirgic Ermeni
    Hastanesi Vakfi is the foundation for the Armenian hospital Surp
    Pirgic in Yedikule. The status of both foundations complies with the
    provisions of the Lausanne Treaty of 1923 affording protection to
    foundations that provide public services for religious minorities.

    In accordance with Law no. 2762 of 13 June 1935, by virtue of which
    they obtained legal personality, the applicant foundations filed a
    declaration in 1936 of their aims and of their immovable property.

    In 1952 the Fener Rum Erkek Lisesi Vakfi Foundation received a gift
    of part of a building in Istanbul. It purchased another part of the
    building in 1958. The Yedikule Surp Pirgic Ermeni Hastanesi Vakfi
    Foundation received gifts of two properties in Istanbul in 1943 and
    1967, one in Beyoglu, the other in Kadikoy.

    In 1992 the Treasury applied to the Turkish courts for an order
    setting aside the applicants' title to the properties and deleting
    their names from the land register. In three judgments (on 7 March
    1996 in the case of Fener Rum Erkek Lisesi Vakfi and on 30 October
    1997 and 24 February 1998 in the case of Yedikule Surp Pirgic Ermeni
    Hastanesi Vakfi), the Istanbul High Court granted the Treasury's
    applications. Referring to a decision of the Court of Cassation of
    8 May 1974, it held that the foundations, whose membership was made
    up of religious minorities as defined by the Treaty of Lausanne
    and whose constitutive documents did not contain a statement that
    they had capacity to acquire immovable property, were precluded
    from purchasing or accepting a gift of such property. Accordingly,
    their immovable property was restricted to that set out in their
    constitutive documents and finalised in the declaration made in 1936,
    so that they were precluded from acquiring immovable property.

    On appeals on points of law by the applicants, the Court of Cassation
    upheld the judgments of the Istanbul High Court in decisions of 9
    December 1996, 22 September 1998 and 20 October 1998.

    In October 2000 Fener Rum Erkek Lisesi Vakfi applied to the Foundation
    Commissioners for permission to amend its status to permit it to
    acquire immovable property. However, its application was turned down.

    In both cases, the applicants complain of the orders setting aside
    their title to the properties. They argue that the Turkish legislation
    as interpreted by the domestic courts deprives foundations established
    by religious minorities within the meaning of the Lausanne Treaty of
    all capacity to acquire immovable property. In their submission,
    that incapacity amounts to discrimination when their position
    is compared to that of other foundations. The applicants rely on
    Article 1 of Protocol No. 1 (protection of property), and Article
    14 (prohibition of discrimination) taken together with Article 1 of
    Protocol No. 1. Yedikule Surp Pirgic Ermeni Hastanesi Vakfi further
    complains under Article 6 (right to a fair hearing) that it did not
    receive a fair hearing in the Turkish courts.

    ***

    Decisions, judgments and further information about the Court can be
    found on its Internet site (http://www.echr.coe.int).

    Registry of the European Court of Human Rights
    F - 67075 Strasbourg Cedex
    Press contacts: Roderick Liddell (telephone: +00 33 (0)3 88 41 24 92)
      Emma Hellyer (telephone: +00 33 (0)3 90 21 42 15)
      Stephanie Klein (telephone: +00 33 (0)3 88 41 21 54)
    Fax: +00 33 (0)3 88 41 27 91
    The European Court of Human Rights was set up in Strasbourg by the Council
    of Europe Member States in 1959 to deal with alleged violations of the 1950
    European Convention on Human Rights. Since 1 November 1998 it has sat as a
    full-time Court composed of an equal number of judges to that of the States
    party to the Convention. The Court examines the admissibility and merits of
    applications submitted to it. It sits in Chambers of 7 judges or, in
    exceptional cases, as a Grand Chamber of 17 judges. The Committee of
    Ministers of the Council of Europe supervises the execution of the Court's
    judgments.
    1 Under Article 43 of the European Convention on Human Rights, within three
    months from the date of a Chamber judgment, any party to the case may, in
    exceptional cases, request that the case be referred to the 17-member Grand
    Chamber of the Court. In that event, a panel of five judges considers
    whether the case raises a serious question affecting the interpretation or
    application of the Convention or its protocols, or a serious issue of
    general importance, in which case the Grand Chamber will deliver a final
    judgment. If no such question or issue arises, the panel will reject the
    request, at which point the judgment becomes final. Otherwise Chamber
    judgments become final on the expiry of the three-month period or earlier if
    the parties declare that they do not intend to make a request to refer.

    Press Release
    Council of Europe Spokesperson and Press Division
    Ref: 444a05
    Tel: +33 (0)3 88 41 25 60
    Fax:+33 (0)3 88 41 39 11
    [email protected] 
    internet: www.coe.int/press 
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    A political organisation set up in 1949, the Council of Europe works to
    promote democracy and human rights continent-wide. It also develops common
    responses to social, cultural and legal challenges in its 46 member states.

    --Boundary_(ID_VmR24I3GVDiMEbZIh0khpA)--
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