US embassy cable - 05ISTANBUL1359

C O N F I D E N T I A L SECTION 01 OF 02 ISTANBUL 001359 
 
SIPDIS 
 
DEPARTMENT FOR EUR/SE 
 
E.O. 12958: DECL: 08/08/2015 
TAGS: PGOV, PHUM, PREL, TU, OSCE, Istanbul 
SUBJECT: ECUMENICAL PATRIARCHATE RAISES SPECIFIC CONCERNS 
ABOUT THE ATTITUDE OF TURKISH AUTHORITIES 
 
REF: A. ISTANBUL 1199 
 
     B. ISTANBUL 1333 
 
Classified By: Acting Consul General Stuart Smith for reasons 1.4 (b) a 
 
nd (d) 
 
1.  (C) In a July 11 meeting with Charge (ref A), Ecumenical 
Patriarch Bartholomew offered to share with us upon his 
return the points discussed during his July 11-12 discussions 
in Brussels with EU officials, including European Commission 
President Jose Manuel Barroso and EU Enlargement Commissioner 
Ollie Rehn.  Stressing that the Patriarch supported Turkey's 
EU candidacy during his visit to Brussels, Metropolitan 
Meliton of Philadelphia, Bartholomew's primary advisor, 
provided the following document to poloff during an August 4 
meeting, responding to poloff's mention of the Patriarch's 
offer: 
 
2.  (C)  Text of Ecumenical Patriarchate document: 
 
RESTRICTIONS IMPOSED ON THE ECUMENICAL PATRIARCHATE AND 
ORTHODOX CHRISTIAN MINORITY OF TURKEY 
 
- Refusal to recognize the Ecumenical Patriarchate as a legal 
entity, forcing it to operate in a legal vacuum.  Without 
legal standing, the Patriarchate cannot own property 
(including the actual patriarchal cathedral in operation 
since 1601 and its administrative offices) and enjoy or 
otherwise invoke any of the legal protections available to 
other Turkish institutions, under Turkish law. 
 
- Refusal to recognize the ecumenical title of the 
Patriarchate:  a historic and symbolic title (dating back to 
the 6th Century AD) bestowed upon every single head of the 
Greek Orthodox Patriarchate of New Rome, Constantinople and 
Istanbul.  The universal spiritual competence of the 
Ecumenical Patriarchate is acknowledged by all religious and 
political communities, including the European Union.  Instead 
Turkey regards the Ecumenical Patriarch as a simple pastor of 
a small group of some 2,000 to 3,000 Greek Orthodox living in 
Turkey. 
 
- Denial of the right of the Orthodox Christians with Turkish 
citizenship (as well as the other non-Muslim minorities) to 
train their clergy and personnel in Turkey.  The 
world-renowned Theological School of Chalki (sic) prepared 
the Orthodox religious ecclesiastical leadership from 1844 
until 1971 when it was closed down. 
 
- Interference and restrictions in the process of patriarchal 
elections often impeding the smooth and canonical succession 
in the leadership of the patriarchal Throne.  The decree of 
1923 of the prefecture of Istanbul and the document of 1970 
imposed severe impediments in this respect, barring prelates 
of non-Turkish nationality (those serving in the European, 
American and Australian dioceses of the Ecumenical 
Patriarchate) to participate in the electoral process. 
 
- Severe restrictions on the ownership and confiscations of 
religious properties belonging to the Greek Orthodox 
community (as well as the rest of the non-Muslim minorities). 
 In 1936 there were about 8000 properties registered as 
officially owned by the Greek Orthodox minority.  As a result 
of systematic expropriation, confiscations etc. the Greek 
Orthodox communal property decreased to 1818 (1312 in 
Istanbul and 506 in the islands of Gokceada/Imbros and 
Bozcaada/Tenedos) in 2002-2003.  Today, of these only around 
600 are recognized by the state authorities as belonging to 
the Greek Orthodox minority. 
 
- Denial since 1936 of th right of the Greek Orthodox 
religious foundatios to purchase and inherit properties. 
With a Supeme Court decision of May 1974 (which stated that 
"the purchase of property by non-Muslim minority oundations 
is hazardous to the country") all real property 
(approximately 1300) acquired by the minority foundations 
from 1936 onwards were expropriated. 
 
- Confiscation of the Patriarchal Orphanage of Buyukada even 
though this community foundation belonged to the Greek 
Orthodox since 1902 and the Turkish Government issued a title 
of deed in the name of the Patriarchate in 1929.  According 
to a Supreme Court decision of 2004, the Patriarchate, 
lacking legal personality, could not own property.  As a 
result the orphanage along with its considerable immovable 
property was appropriated by the Turkish State. 
 
- Transfer of Greek Orthodox religious foundations to those 
directly administered by the Turkish authorities when the 
minority population decreases in certain parts of Istanbul. 
They are placed in the category of "seized" (mazbut) 
foundations and their properties are directly administered by 
Turkish commissioners (kayyum), nominated by the General 
Directorate of Foundations.  Meanwhile, their non-Muslim 
administrative committees are dissolved and are deprived of 
the minority status guaranteed by the Treaty of Lausanne 
(Around 18 Greek Orthodox minority communities and their 
properties in Istanbul, Imbros and Tenedos were validated as 
"seized" religious foundations since the 1960s). 
 
- Establishment of an antagonistic state-protected "Turkish 
Orthodox Patriarchate" run by an excommunicated former priest 
and his family.  Despite the fact that this "Church" never 
acquired a following, the Papa Eftim family has forcefully 
occupied four Greek Orthodox churches in Galata, as well as 
their property.  Furthermore, no Christian Church recognizes 
this so call "Patriarchate." 
 
- The long-awaited new law of Foundations, prepared by a 
committee of Turkish bureaucrats without any contribution by 
the non-Muslim communities, is regarded with great 
apprehension by the minorities, for it is considered a 
vehicle of legitimizing a large proportion of illegally 
confiscated and expropriated minority pious properties. 
 
- Systematic efforts to undermine the religious and ethnic 
character of the Greek Orthodox minority schools has led to 
the "turkification" of the Greek-language schools still in 
operation in Istanbul with their pupils finding it 
increasingly difficult to converse or write in their 
mother-tongue. 
 
- The almost disappearance of the 7,000-strong local Greek 
Orthodox population of Imbros and Tenedos, whose presence on 
the islands was guaranteed with Article 14 of the Treaty of 
Lausanne.  A repressive "island regime" imposed in the 1960s 
led to: 
 
a)  massive expropriation of agricultural land owned by these 
farming island communities, 
b)  closing down of Greek language schools, which were duly 
expropriated, 
c)  establishment of an open agricultural prison, and 
d)  confiscation of church and communal lands. 
 
Today there are 220 Greek Orthodox left in Imbros and 22 
elderly in Tenedos, while thousands of mainland Turks were 
settled on the islands since the late 1960s.  Recently 
enacted laws (like the one euphemistically named "protection 
of the cultural and natural wealth and monuments of Turkey") 
and a new land registry aim at depriving the remaining Greek 
Orthodox-owned communal and private property. 
 
- Prolonged pressure, both on personal and communal levels, 
imposed on the members of the once vibrant and prosperous 
Greek Orthodox minority of Istanbul, numbering some 125,000 
in 1935, forced them to abandon their city and seek better 
living conditions abroad.  Today there are no more than few 
thousand left in Turkey. 
 
Given the above crucial and vital issues involving the future 
presence and function of the Ecumenical Patriarchate in its 
historical seat, where it has been since 381 AD, and because 
all the issues outlined herewith are directly related to 
religious freedom and respect of minority rights in Turkey, 
we urge that the question of the Ecumenical Patriarchate and 
the presence of Greek Orthodox population of Istanbul, Imbros 
and Tenedos should constitute special chapter in the 
EU-Turkish accession negotiations commencing on 3 October 
2005. 
 
3.  (C)  Comment:  Reflecting the Ecumenical Patriarchate's 
uncertain relations with the temporal powers which have been 
in control since 1453, including the recent exchange with 
Deputy PM Sahin (ref B), Meliton hesitated when poloff asked 
if such a document were available.  Before calling to request 
that a staffer bring a copy of the document, he stressed that 
the Patriarch supported Turkey's EU candidacy during his trip 
to Brussels, and asked that the document be "held 
confidentially."  The Ecumenical Patriarchate walks a fine 
 
SIPDIS 
line.  On the one hand it presses for its rights by pointing 
out unjust, discriminatory, and arbitrary aspects in Turkish 
law and the administration of the law.  On the other hand, it 
seeks to tread in a way which will not give further reason 
for Turkish bigots on the left and right, among "secularists" 
and the "pious," to brand the Patriarchate as a treacherous 
entity.  End comment. 
SMITH