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- Title
KİLİKYA ERMENİ KATALİKOSLUĞU DAVASI ÇERÇEVESİNDE EMVÂL-İ METRUKE MESELESİNE BAKIŞ.
- Authors
AKYILMAZ, Gül
- Abstract
Today, one of the conflicts that has adapted by Turkey from Ottoman Empire is "abandoned properties" which means the properties of deported Armenians. As it is known, this matter is subject to several legal arrangements both in Ottoman Empire and in the Republic Period. Precautions had taken in order to prevent the loss of the right holder. However, today the most important legal issues related to abandoned properties are the cases which the ones who claimed to be departed Armenians' heirs, ecclesiastics associations and pious foundations demanding the return of immovable properties. Regarding to their demands they may also apply individual application to Constitutional Court. As the final step they file an appeal to European Court of Human Rights. In those cases, they specifically assert their property right was invaded. Prospectively, Turkey will have to deal with the actions for infringement of property right and indemnity claims result from the 1915 issues. In the recent period, ecclesiastics associations and foundations established by non-muslim subjects in the Ottoman Empire are gaining importance. In this regard, currently three important cases are on the front burner. Those cases are Case of Armenian Catholicosate of Cilicia, Case of Sanasaryan Foundation and Case of Maryakop Armenian Church Foundation. Case of Armenian Catholicosate of Cilicia is sued by Armenian Apostolic Church, also by name Armenian Catholicosate of Cilicia in Lebanese records, which is in Antilyas a small town near Lebanese's capital Beirut, on 28 April 2015. Firstly, the complaint was made due to infringement of property right by retaining Cilicia Saint Sofia Monastery's and Sis Armenian Catholicosate Church's land thereunder abandoned properties provisions. Secondly, the petition was made due to infringement of freedom of religion and conscience by retaining a prayer place. Lastly, plaintiff claimed his right to fair trial was invaded by prevention of attaining land register. Plaintiff demands from the Constitutional Court, the land in Kozan and the Monastery on the land, land registration of the Church and appurtenances in his plaint. If those claims are impossible to fulfill, plaintiff claims 100.000.000.00 TL compensation. Constitutional Court rejected the claims due to lack of exhausting internal authorities on 15 June 2016. Despite Constitutional Court's decision, Catholicosate Aram I take the case before the court on 6 December 2016 even eliminating lack of exhausting internal authorities. European Court of Human Rights (ECHR) dismissed the case by reason of not exhausting internal authorities. While there is a possibility that the lawyers of Catholicosate of Cilicia will apply to the first instance court, according to the interpretations of the lawyers, the main aim is making an application to ECHR again. However, in 2019 Catholicosate of Cilicia applied to the Kozan second Instance Court for exhaustion of domestic remedies. As the lawyers of the Catholicosate declared, if the judgement will not fulfill their expectations, Catholicosate will make an application to the ECHR for the violation of property rigths and freedom of thought and faith. This article purposes handling how the headings mentioned above will affect Turkish law system and ECHR from a legal perspective. It should be noticed that the decision made by Turkish Courts or ECHR will be precedents and it will determine the faith of following legal developments.
- Subjects
CILICIA; EUROPEAN Court of Human Rights; PROPERTY rights; CONSTITUTIONAL courts; FAIR trial; PRIMITIVE &; early church, ca. 30-600; LIBERTY of conscience; PETITIONS; CONSCIENCE
- Publication
Uluslararasi Suçlar ve Tarih, 2019, Issue 20, p17
- ISSN
1306-9136
- Publication type
Article