A/55/280/Add.1
letter recognizing the election results and authorizing
the Patriarch to wear religious habits in public (the Hat
Law and the Law relating to Prohibited Garments of
1934 emphasized that religious clothing should not be
worn outside religious places). This was, nevertheless,
merely de facto recognition, with no legal effect, and it
has posed some real difficulties: for example, some
authorities have refused to accept the Patriarch as a
valid representative, because of the Patriarchate’s lack
of legal status, and the courts have on occasion adopted
a similar attitude, thereby denying it legal recourse.
83. This precarious status of the Patriarchate prevents
it from legally owning property and receiving
revenues, and obliges the Patriarch to act solely in his
personal capacity. He must appeal to his followers for
funds to cover the many financial burdens involved in
supporting religious personnel, places of worship,
schools and other establishments run by the
community. The Patriarchate must also act through
foundations, which have legal status but which remain
exposed to the difficulties described above (paras. 73
to 75).
84. The Patriarch said that he understood
governmental concerns that granting legal status to
non-Muslim minorities might lead to similar demands
by Muslim religious dignitaries. He insisted, however,
that while citizens from the religious minorities enjoy
equality before the law with other Turkish citizens in
terms of economic, social and religious freedoms, the
same freedoms must extend on an institutional basis to
the minority communities.
(b) Religious training institutions
85. As with the Greek Orthodox community, the
Armenian Patriarchate no longer has a seminary for
training clergy. Consequently, the Patriarchate
currently has only 24 priests in Istanbul, serving 38
churches. Again, the Patriarch noted the authorities’
concerns that allowing non-Muslim minorities to have
their own private religious training institutions would
lead to similar demands by Muslims, with the potential
risk of religious extremism that might emerge in
private Muslim religious institutions. The Patriarch has
therefore initiated a private dialogue with the education
authorities for establishment of an Armenian religious
department in a State university.
18
(c) Properties
86. The problems described by the Greek Orthodox
Patriarch concerning the attitude of the courts and of
the General Director of Foundations and the
confiscation of community properties are of similar
concern to the Armenian Patriarchate. One case was
mentioned in which a place of worship at Hidyat was
confiscated even after the Armenian community had
decided to offer it to the Turkish authorities. Under the
circumstances,
the
Patriarch
considered
this
confiscation to be a totally improper act.
87. According to the Patriarch, a second tourniquet
on Armenian-owned foundations is slowly being
applied through the antiquated system of electoral
districts within Istanbul, where Armenians no longer
cluster in the same residential areas. Under current
Turkish legal restrictions, those who have moved away
from these neighbourhoods are no longer eligible to
vote for or serve on the administrative boards of the
respective trusts. As a result, elections are barred
indefinitely, financial transactions blocked and the trust
in danger of being closed down by the State. In the face
of these restrictions, the Patriarchate is unable to
establish, much less to build, places of worship in new
Armenian neighbourhoods.
88. The Patriarch added that a further dilemma was
posed by a 1981 decree requiring all Armenian
religious trusts to shoulder a five-percent tax to pay for
government inspections and audits, while Greek and
Jewish trusts were exempt. Similarly, non-profit
Armenian institutions such as schools and hospitals
were required by the Ministry of Finance to pay
corporate taxes, since those community charities
charged for their services. However, all these trusts
were in fact debit operations subsidized from within
the community.
(d) Educational establishments
89. As with the Greek Orthodox community, Turkish
curricula and assistant headmasters ensure that
education given is in accordance with Turkish
standards.
(e) Election of the Patriarch
90. In response to the Special Rapporteur’s request
for information on interference by the authorities in the
election of the Patriarch (see E/CN.4/1999/58), the
Patriarch replied that his church had no concordat with