of the associations on the ground that the word “Turkish” referred to citizens of Turkey and could not
be used to describe citizens of Greece.
The government continues to place legal restrictions on the names of associations of nationals who
self-identified as ethnic Macedonians or associations that included the term “Turkish”. There are three
cases which have been brought before the European Court of Human Rights concerning the dissolution
and refusal to register associations established by the persons belonging to Turkish Minority of Western
Thrace, Greece:
35151/05 Bekir-Ousta and others, judgment of 11/10/2007, final on 11/01/2008
26698/05 Tourkiki Enosi Xanthis and others, judgment of 27/03/2008, final on 29/09/2008
34144/05 Emin and others, judgment of 27/03/08, final on 01/12/2008
These cases concern the dissolution or refusal to register the applicant associations by the competent
courts on the sole basis of a suspicion that the applicants intended to promote the idea that an ethnic
minority existed in Greece. On March 27, 2008, the ECtHR notified in writing its Chamber judgments
in the cases of Emin and Others v. Greece (application no. 34144/05) and Tourkiki Enosis Xanthis and
Others v. Greece (no. 26698/05). The Court held unanimously that there had been a
violation of Article 11 (freedom of assembly and association) of the European Convention on Human
Rights in both cases, which concern associations founded by persons belonging to the Muslim minority
of Western Thrace. In the case of Tourkiki Enosis Xanthis and Others the ECtHR also held,
unanimously, that there had been a violation of Article 6 § 1 (right to a fair hearing within a reasonable
time) of the Convention.
The European Court noted that the contested measure rested only on a simple suspicion concerning the
true intentions of the founders of the association and concerning the actions that the association might
pursue once it began to operate. The European Court also noted that even if the real aim of the
associations was to promote the idea that an ethnic minority existed in Greece; this could not in itself
constitute a threat to a democratic society.
Further to the European Court of Human Rights’ judgments, the applicants requested the cancellation of
the decision dissolving them (the case of Xanthi Turkish Union) or submitted a new registration of their
associations before the national courts. The applications have been declared inadmissible on the ground
that it is not possible to cancel a domestic decision which has become final in the context of
non-contentious procedure following a judgment of the ECtHR, and that domestic law does not
provide, in civil matters, for the reopening of proceedings following a finding of violation by the ECtHR.
The Court of Cassation also dismissed on procedural grounds the applicants’ appeals in cassation in the
cases of Bekir-Ousta and others and Emin and others.
Council of Europe’s Committee of Ministers closely follows the developments about the implementation
of Court’s judgments under the name of Bekir-Ousta group of cases against Greece since 2008. At the
execution held on 5 December 2013(1186th meeting), the Committee of Ministers urged the Greek
authorities to provide in due time concrete and tangible information on the measures that they are
currently exploring in order to implement the individual measures, accompanied by an indicative
calendar for their adoption. On 5 June 2014, the Committee of Ministers adopted an interim resolution
and called upon the Greek authorities to take all necessary measures so that the applicants benefit from
proceedings in compliance with the Convention requirements, in the light of the Court’s case-law.
The Court declared on 5 January 2015 that it will rehear the cases of Bekir Ousta and others
(35151/05), Emin and others (34144/05) and Turkish Association of Xanthi and others (26698/05)