A/HRC/10/11/Add.3 page 8 restriction by arguing that use of the word “Turkish” in the names of associations constitutes a threat to public order and territorial integrity. To-date, the associations have not been allowed to register under the names of their choice. Religious practices 18. Representatives of the Muslim minority asserted that one highly contentious issue in Western Thrace is the content of the right to religious freedom protected by the Treaty of Lausanne and current international obligations. Under the relevant legislation, Sharia Law relating to family and inheritance issues functions alongside Greek civil law in the region. Jurisdiction over matters arising under Sharia Law in the above mentioned matters is to be exercised by a Mufti. The religious practice for Muslims in Western Thrace has been for the community to elect their Mufti. 19. The government asserts that, since they exercise judicial functions, Muftis must be appointed by the State.5 Further, elections of Muftis by the community are invalid since they do not allow the participation of women in the electoral process, violating constitutional and international standards. 20. The Muslim community takes issue with the government appointment of religious officials and in defiance, they elect their own. Community elected Muftis in Xanthi and Komotini, in turn, are not recognized by the government. Consequently they have been prosecuted under the Penal Code for usurping functions of a religious minister. The European Court on Human Rights held that those prosecutions violated Article 9 of the Convention (freedom of religion).6 Elected Muftis are supported financially and allegedly politically by the Turkish government via its Consulate in the region. 21. Muftis perform particular duties, including those relating to marriage, divorce, child support and inheritance. However an official religious marriage can only be conducted by the appointed Mufti. Marriages conducted by the elected Mufti are not legally recognized and subsequently must be officially registered with the municipality. These issues have created resentment among the minority which considers that elected Muftis should have officially recognized powers. They consider their religious functions in the community in relation to family law are deeply connected to Muslim religion. To refuse them these recognized functions is considered an infringement of religious autonomy. 5 While the language of the Treaty of Lausanne is vague, an earlier Treaty of Athens details the protection of the religious privileges of Muslims residing in Greece. It includes requirements in Article 11 related to the election of Muftis, and the bodies responsible for the management and administration of religious foundations. The Greek Government considers that, according to Greek case law, the provisions of the Treaty of Athens related to minority protection have been superseded by the 1923 Treaty of Lausanne. A Decree of December 1990 abolished previous legal procedures for election of muftis, in favour of government appointment procedures. 6 See Agga v. Greece (No. 2), Judgment 17/10/2002, (also No. 3 and No. 4).