A/55/280/Add.1
the State and that successive governments since the
establishment of the Turkish Republic had intervened
in the appointment and election of the Armenian
religious leader (who must be of Turkish nationality).
He noted that last year his election had encountered
obstacles because of the hostility of a police chief in
the Governor’s office but that, faced with protests from
the Armenian community, the authorities in Ankara had
resolved the situation. The Patriarch hoped that
legislation would be adopted to make it clear that the
election process was not to be dependent on the
authorities.
91. More generally, the Patriarch called for a
thorough updating and reworking of the regulations
and bylaws governing minority foundations, most
dating back to the 1930s. The reform of legislation
dating from the early days of the Republic, and thus
bearing the stamp of Turkish nationalism, would help
to remove obstacles to the full enjoyment of the
Patriarchate’s legitimate rights. The Patriarch
concluded that such a request from a minority
community was unlikely to be adopted as a priority by
lawmakers, but it must be recognized that minorities
constitute the showcase of any democracy.
Armenian Catholic and Protestant churches
92. Representatives of the Armenian Protestant
Church declared that they faced no obstacles to their
freedom of religion and worship, but they referred to
the same difficulties as those cited by the Armenian
Orthodox Patriarch concerning the lack of legal status,
religious training institutions, and obstacles and attacks
affecting their property and educational establishments.
Similar information was given by the Armenian
Catholic Church.
93. For example, it was reported that a Protestant
primary school in Gedik Pacha was confiscated in
1974, even though the Protestant Church had title to
the property.
94. The Protestant Church representative also noted
that both the security authorities and the education
authorities prohibited any child not recognized as
Armenian from attending Armenian schools. Children
have therefore had to be withdrawn from the schools,
even though most of them were in fact Armenians
(following the events of 1915, many Armenians
converted to Islam to escape death, and then, having
moved to the major cities, they returned to the
Christian faith; however, these facts are not recognized
by the authorities). It was suggested that the situation
constituted discrimination, since, in contrast, anyone
may attend French or German schools in Turkey.
95. The churches also face serious obstacles to their
proselytizing activities. K. Agabaloglu, the pastor
responsible for the Protestant church in Istanbul,
related a personal case. On 24 December 1997, he
complained over the radio that it was prohibited to
hand out Bibles in public to passers-by, while the
distribution of the Koran was considered a public
service. Following this statement, the Governor filed
charges against the pastor, seeking a sentence of one to
six years’ imprisonment for slandering the Republic.
The trial dragged on for a full year and a half, and was
then halted because of an amnesty decree. However,
the fact of this dismissal has not removed the obstacles
to Christian evangelism, and any further statement by
the pastor about these problems would, according to
him, expose him to prosecution by the authorities.
3. The Jewish minority
96. Representatives of the Jewish community
declared that they enjoyed full freedom of religion and
worship. They confirmed that the Rabbinate has no
legal status, but that it is recognized de facto by the
Government. When asked about confiscation of
community property by the General Directorate of
Foundations, in light of the interpretation given to the
1936 declaration of assets, as confirmed by the courts,
and the “non-utilization” of community property, these
representatives noted that the concept of “nonutilization” is a loose one and that all minorities face
the same situation. They said, however, that their
purchases of property since 1936 had not been affected,
thanks to the creation of new foundations or
associations. They referred to difficulties of
bureaucratic delay that they had occasionally faced in
obtaining approval for property renovations, but noted
that their applications were eventually approved.
97. The Jewish representatives declared that their
community encountered no anti-Semitism either from
the State or from society, except for a few right-wing
newspapers. Moreover, attacks on their places of
worship had been very rare, and were committed by
foreign elements.
98. Finally, the Jewish representatives were
unanimous in insisting that the situation of their
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