US embassy cable - 03ANKARA486

C O N F I D E N T I A L SECTION 01 OF 02 ANKARA 000486 
 
SIPDIS 
 
 
DEPARTMENT FOR EUR/SE 
 
 
E.O. 12958: DECL: 01/21/2004 
TAGS: PGOV, PREL, PHUM, TU 
SUBJECT: CSCE STAFFERS PRESS GOT ON RELIGIOUS FREEDOM, FREE 
SPEECH 
 
 
REF: A. ANKARA 8881 
     B. ANKARA 6116 
 
 
1. (U) Summary: In discussions on religious freedom, free 
speech, and other human rights issues with GOT officials, 
human rights activists, and religious groups in Ankara, two 
Commission on Security and Cooperation in Europe (CSCE) 
staffers praised recent GOT reforms and urged continued 
progress.  They recommended the GOT: lift obstacles 
preventing non-Muslim groups from owning and renting 
property; consider allowing the Halki Seminary to re-open; 
re-evaluate the ban on headscarves in universities; remove 
remaining restrictions on non-violent speech; and expand the 
right to broadcast in non-Turkish languages.  GOT officials 
said they have to proceed cautiously on reforms to avoid 
instability.  End Summary. 
 
 
2. (U) Chadwick R. Gore, CSCE Staff Advisor, and H. Knox 
Thames, CSCE Staff Member, traveled to Ankara January 12-16, 
before heading for Diyarbakir and Istanbul. 
 
 
--------------------------- 
Restrictions on Non-Muslims 
--------------------------- 
 
 
3. (U) Thames handed various GOT officials a two-page list of 
churches closed by the State in recent years, and a copy of 
an August 2001 Ministry of Interior circular advising 
provincial governors not to allow Protestant churches to rent 
property.  Thames said the circular had led to the closing of 
a Protestant church in Iskenderun.  Turkish law has 
traditionally prohibited non-Muslim groups from owning 
property (note: the impact of recent reforms remains unclear. 
 End Note.); if these groups are not allowed to rent 
property, then they are effectively prevented from practicing 
their faith.  Nezih Dogan, Interior Ministry Secretary 
General, said he is not aware of the circular, but denied 
that the GOT discriminates against any religions.  He noted 
that the Constitution guarantees freedom of religion, and 
said some churches may have been closed for violating zoning 
laws or failing to obtain approval for buildings.  Burhan 
Kuzu, chairman of the parliamentary Constitutional Committee, 
argued that because Turkey has long been plagued by terrorism 
the GOT has to closely monitor which organizations are 
renting properties, and for what purpose.  He said the GOT is 
concerned about "intensive efforts" by certain organizations 
to rent property, and has doubts about the supposed religious 
purposes of some properties. 
 
 
4. (C) Joseph McClintock and Ihsan Ozbek, of the Alliance of 
Protestant Churches of Turkey, said the GOT makes it 
difficult for Christian groups to operate.  They said GOT 
officials recently conducted background checks on the five 
owners of the Alliance's "Radio Shema" station and determined 
that none could be authorized to own a station.  The 
officials told Alliance members to either find new owners or 
shut down. 
 
 
5. (U) Thames asked Nurettin Yardimci, Director General of 
Foundations, whether recent reforms allowing non-Muslim 
foundations to own property (Reftels) will apply to groups 
other than those traditionally considered to be recognized in 
the 1923 Lausanne Treaty (Greek Orthodox, Armenian Orthodox, 
and Jews).  Yardimci initially said the new law would apply 
to all groups without restrictions; however, after consulting 
with a legal advisor, he said the details will be spelled out 
in the implementing regulations. 
 
 
-------------- 
Halki Seminary 
-------------- 
 
 
6. (U) Thames asked Mehmet Elkatmis, chairman of the 
parliamentary Human Rights Committee, whether the new GOT 
could reach an agreement on re-opening the Halki Seminary, 
closed since 1971 when the State nationalized most private 
institutions of higher learning.  The Ecumenical Patriarchate 
in Istanbul has consistently sought permission to reopen. 
Elkatmis said he does not expect any progress on Halki in the 
immediate future.  He said any solution on Halki will have to 
include an agreement with Greece on eastern Thrace, where, he 
said, Athens refuses to allow religious freedom for the 
Turkish Muslim minority. 
 
 
------------- 
Headscarf Ban 
------------- 
 
 
7. (U) Kemal Guruz, president of the Higher Education Council 
(YOK), the institution that, among other things, enforces the 
ban against wearing Islamic headcovering in universities, 
said the Turkish state rests on a foundation of secularism, 
which YOK is obliged to help preserve.  Guruz said the Koran 
has two parts: the first deals with broad issues of morality, 
much like the Bible, while the second contains religious laws 
designed to regulate every aspect of one's life.  In Turkey, 
this Koranic "religious law" has been replaced with "positive 
law," meaning law that has been "filtered though human 
intellect."  This is what distinguishes Turkey from "mullah 
regimes" like Iran and Saudi Arabia.  Those students who want 
to wear headscarves on campus pose a direct threat to the 
State.  If YOK were to allow headscarves, it would 
effectively be telling university students they could choose 
between religious law and positive law, which is 
unacceptable.  Thames said YOK might be creating a vicious 
cycle; by refusing to accept headscarved students YOK is 
failing to engage the minds of a significant portion of 
Turkish society.  Guruz disagreed, noting that women comprise 
about 45 percent of university students despite the ban. 
 
 
----------------- 
Freedom of Speech 
----------------- 
 
 
8. (C) Gore praised recent freedom-of-speech-related GOT 
reforms (reftels), and suggested the GOT offer an amnesty for 
prisoners currently jailed for speech crimes.  He suggested 
the GOT should further loosen speech restrictions, with the 
goal of protecting all expression not linked to violence. 
Elkatmis said there is no broad support for an amnesty, and 
argued that the focus should be on the future.  Kuzu said the 
GOT has to proceed cautiously on speech reform.  He said 
public commentary in Turkey frequently goes beyond criticism, 
providing rhetorical support for terrorism.  The press is a 
powerful institution whose freedom should not be unlimited. 
Kaan Esener, head of the MFA's Council of Europe Affairs 
Department, said outside observers often believe defendants 
in Turkish court cases are being persecuted for speech, when 
in fact they are charged with aiding terrorists. 
 
 
9. (U) Zakir Avsar, vice president of the High Board of Radio 
and Television (RTUK), said the recent legal amendments 
lifting the ban against broadcasting in certain non-Turkish 
languages do not permit private broadcasting in those 
languages.  Under the amendments, TRT, the state radio and 
television company, will decide which non-Turkish languages 
should be used in which areas, and will provide appropriate 
programming.  Gore argued that this is unlikely to satisfy 
Turkey's linguistic minorities, as their communities will 
have no input into the programming content.  He said outside 
observers consider this a major reform, but will be 
disappointed when they discover how narrowly it is being 
implemented.  Avsar said the TRT programming is a first step; 
in order to further loosen restrictions on non-Turkish 
broadcasting the GOT will have to amend various laws and 
regulations and train broadcasters in the limits of free 
expression. 
 
 
10. (U) Gore and Thames did not have the opportunity to clear 
this message. 
PEARSON