ECHR recognizes Turkey's ban on the participation of clerics of the Phanar in the management of community funds as illegal

The European Court of Human Rights (ECHR) has handed down a historic judgment condemning Turkey for gross violations of freedom of religion and the right of association. The proceedings were prompted by a lawsuit filed by two clerics of the Patriarchate of Constantinople who were barred by the Turkish authorities from running for election to the governing bodies of Greek Orthodox charitable foundations (vakufs). According to the Fos Fanariou publication, this court ruling ended a legal struggle that lasted more than 15 years.

At the heart of the dispute was the long-standing practice of Turkey’s General Directorate of Vakufs, which, citing a loose interpretation of the Lausanne Peace Treaty, claimed that members of the Orthodox clergy were allegedly prohibited from holding administrative positions in community organizations. The ECHR ruled that this position of the Turkish administration was not based on any legislative acts, decrees or circulars and directly contravened Articles 9 (freedom of thought, conscience and religion) and 11 (freedom of assembly and association) of the European Convention on Human Rights.

Phanar’s legal advisor Paris Asanakis called the verdict historic, noting that it shatters a century-old doctrine discriminating against the Greek minority. The court emphasized that the possibility for all members of the community, including clerics, to participate in the management of religious and educational institutions is vital to preserving the cultural and spiritual heritage of the Greek Orthodox community in Turkey, whose numbers are steadily declining.

The lawsuit was filed by the late Gennadios (Nikolaos) Mavrakis and George Kasapoglou. It centered on elections to the governing bodies of significant institutions such as the Great School of the Nation, the Panagia Foundation in Beşiktaş and the historic Church of Saints Constantine and Helen in Samatya. Experts believe that the ECHR ruling could speed up long overdue elections at other major foundations, such as Balukli Hospital, where the administration has not been renewed since 1991.