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been no follow-up to any of the complaints that have
been formally laid before the authorities concerning
these serious violations of human rights. Most of the
time, the central authorities simply deny the situation
and invoke the economic underdevelopment of the
country’s southeastern region as the reason behind this
community’s departure. These authorities even accuse
the Assyro-Chaldeans of fabricating complaints in
order to obtain refugee status in Europe. In other cases,
where evidence of oppression is particularly glaring,
blame will be laid entirely on the PKK, while the local
authorities are absolved of any responsibility.
121. When it comes to the situation of the Syriac
community in Istanbul, it was found that some Syriacs
have adopted a low profile, seeking to protect
themselves through a degree of anonymity. Other
Syriacs, apparently the majority, are hoping to leave
Turkey, because of the rise of Islamism and the
obstacles that the authorities are placing in the way of
the community’s attempts to maintain its religious and
cultural identity.
122. While saying that they understand certain
shortcomings of the State, and recognizing that it takes
time to establish democracy, particularly in the setting
of armed conflict that prevails in southeastern Turkey,
the Orthodox Syriac representatives have formulated a
very significant demand, which is that they be treated
as full Turkish citizens, and not as outsiders.
V. Conclusions and recommendations
123. The Special Rapporteur presents below his
conclusions and recommendations on Turkish
legislation relating to freedom of religion and belief
and on Turkish policy in this area, and finally on the
situation of non-Muslim communities, in particular,
with respect to freedom of religion and belief.
124. The Special Rapporteur is pleased to note that
Turkey’s legislation, and particularly its constitutional
legislation, provides absolute guarantees of freedom of
religion and belief and protects its manifestations (in
particular freedom of worship), while imposing certain
limitations (article 14).
125. Some of these constitutional limitations contain
vague expressions that lend themselves to very broad
interpretation which, in turn, may lead to extensive
intervention by the State and hence excessive
restrictions on freedom of religion and belief. This
applies to the expression “violating the indivisible
integrity of the State with its territory and nation” as
well as the phrase “destroying fundamental rights and
freedoms”.
126. The Special Rapporteur recommends that precise
terminology be devised and that legislation, including
constitutional provisions, be interpreted in a manner
consistent with international standards of human rights
and with the jurisprudence and general comments of
the United Nations Commission on Human Rights. The
Commission, in its General Commentary No. 22 (48)
of 20 July 1993, on article 18 of the International
Covenant on Civil and Political Rights, declared that
restrictions on the freedom to manifest religion or
belief are permitted only if they are prescribed by law,
are necessary to ensure public safety, order, health or
morals, or the fundamental rights and freedoms of
others, and are applied in a manner that does not vitiate
the right to freedom of thought, conscience and
religion. The Commission has also stated that
restrictions must only be applied for the purposes for
which they were prescribed and they must relate
directly to the specific objective they are to serve, and
be proportional to that objective. Restrictions may not
be imposed for discriminatory purposes or in a
discriminatory manner.
127. The Turkish constitution enshrines the principle
of secularism in relations between the State and
religion. The Turkish Constitutional Court has
interpreted this secularism in accordance with the
principle of neutrality, whereby, on one hand, religion
is a personal affair and, on the other hand, no
manifestation of religion may be restricted by the State
except under precise conditions, namely the protection
of public order and safety and the public interest, and
only in a manner consistent with the jurisprudence of
the Commission on Human Rights.
128. This interpretation, basing secularism on the
principle of neutrality, would seem however to be
contradicted by certain constitutional and legislative
provisions that empower the State, through the
Department of Religious Affairs, to structure Muslim
religious affairs and to wield excessive powers of
religious management such that religious practice
appears to be regimented by the government and Islam
is treated as if it were a “State affair”. This situation is
compounded by the attitude of the State which, in
practice, promotes a Hanafi conception of Islam to the
exclusion of any other interpretation, including that of
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