US embassy cable - 03ISTANBUL149

UNCLAS SECTION 01 OF 02 ISTANBUL 000149 
 
SIPDIS 
 
 
SENSITIVE 
 
 
E.O. 12958: N/A 
TAGS: PGOV, PHUM, TU, Istanbul 
SUBJECT: PROTESTANTS TRY ADAPTIVE APPROACH TO CHURCH 
ESTABLISHMENT 
 
 
1. (SBU) Summary: Seventeen nascent Protestant churches have 
adopted a novel legal tactic designed to circumvent 
regulations that for years have made it nearly impossible to 
receive zoning approval for a church or prayer group.  The 
success or failure of this strategy depends on the outcome of 
the churches' attempts to win legal recognition in a series 
of ongoing court cases. End Summary. 
 
 
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In Legal Limbo 
-------------- 
 
 
2. (SBU) Poloff recently met with Attorney Mustafa Demir, who 
represents most of the American Protestant groups in 
Istanbul, including a total of 22 churches and one 
now-defunct school (Martyn International Academy).  In past 
meetings, Demir and Amcit Protestant leader George Bristow 
expressed their frustration at not being able to open a 
church under Turkish law.  In fact, Demir said, there 
is no provision in Turkish law, either positive or negative, 
for the establishment of a new church.  Requests for a 
building to be zoned as a church are typically ignored or 
refused. 
 
 
3. (SBU) For these reasons, Protestant groups often give up 
trying to establish churches within any legal framework, 
instead opting for informal arrangements, converting shops or 
apartments into places of worship, and hoping that the 
unregistered church will go unnoticed.  This approach 
typically works for a time, but in a matter of months police 
take notice, or neighbors complain, and the informal church 
is shut down, the leaders often charged with zoning 
violations. 
 
 
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The Mosque-like Approach 
------------------------ 
 
 
4. (SBU) Ironically, most Turkish mosques similarly inhabit a 
legal no-man,s-land, in that they too usually lack zoning 
permission.  Upon completion of a new mosque, the leadership 
applies for benefits that, according to Turkish law, are 
given to all religious institutions: free water, electricity, 
gas, trash collection, and so forth. 
 
 
5. (SBU) Demir sees provision of these services as a means to 
secure legal recognition without the zoning issue face-off. 
He has advised his clients first to buy, lease, or renovate 
the property they wish to use as a church.  Then, the church 
requests provision of municipal services that all religious 
institutions are entitled to.  Also, the church notifies the 
local police that they have some security concerns, and 
requests police protection.  Finally, if GoT authorities warn 
the churches of their lack of a zoning permit, they file a 
counter-suit asking for legal recognition from the state, 
claiming that the utilities and police protection constitute 
evidence of their recognized status in a manner similar to 
any mosque. 
 
 
6. (SBU) To date, 17 churches have initiated cases seeking 
such legal recognition.  Of the 17, three have had initial 
rulings: one finding in favor of the church, one against 
(stating that the church was not a legal entity and thus 
could not bring suit against the state), and one which has 
been postponed for further examination.  Demir hopes that if 
the one positive ruling stands on appeal, it can be used as 
precedent to buttress the claims of the other churches. 
 
 
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Under Another Umbrella 
---------------------- 
 
 
7. (SBU) The same group of Istanbul Protestant churches had 
previously run up against difficulties in running an 
unregistered school, the Martyn International Academy (MIA). 
Though the case is still pending, the board members of the 
now-defunct school admitted to breaking Turkish law in the 
operation of an unlicensed educational institution (see 
reftel). 
 
 
8. (SBU) In a similarly pragmatic manner, MIA has found a 
means to re-open in another location on the Asian side of 
Istanbul, under the auspices of the newly opened Istanbul 
International School of Camlica.  The school has already been 
registered, and the former MIA students and faculty have been 
added on as the "English Language Section" of a school that 
also offers instruction in Turkish and Korean.  200 former 
MIA students have thus been able to attend classes under the 
new school,s name. 
 
 
9. (SBU) Comment: Having exhausted their earlier strategies 
of normal application, and quiet evasion, Demir and Bristow 
hope that their new "adaptation" strategy will prove more 
fruitful.  Final resolution of the ongoing cases will soon 
show whether or not their hopes are misplaced.  End Comment. 
ARNETT