In a unanimous decision, the European Court of Human Rights (ECHR) ruled that Turkey must return the former Greek Orphanage on Büyükada Island, the largest of the Princes’ Islands, back to Fener Greek Patriarchate. The court held that the Turkish government had to pay  EUR 6,000 for non-pecuniary damage and EUR 20,000 for costs and expenses.

This concludes the long legal case between the Ecumenical Patriarchate of Constantinople and Turkish authorities. The case had begun in 1997 when Turkey tried to use various legal means to take the building away from the Patriarchate in order to upgrade the area without compensation.

The orphanage is a large, wooden building—an architectural jewel built in 1898 by a French company and bought in 1903 by Eleni Zarifi, the member of a rich Constantinople Greek family who donated it to the Ecumenical Patriarchate for Christian orphans. The orphanage was closed down in 1964 and the building left to decay.

The sentence is very important because for the first time the European Court requires the Turkish state to return the property without compromise (restitutio in integrum); for example, paying compensation in order to keep the building.

Since the Ecumenical Patriarchate is not legally recognised by the Turkish state, it cannot own property in Turkey. It is only allowed to meet the religious needs of the Orthodox community of Constantinople. Even its headquarters in the Fener belong to the Saint George Foundation (Vakif). The same is true for other religious minorities in Turkey.

Political and diplomatic circles in Strasbourg point out that the ruling now opens new perspectives for religious minorities recognised by Turkey, most notably Jews and Armenians, based on the Treaty of Lausanne (1923). The same is true for the Catholic minority, whose members live in an unclear legal status and survive by maintaining a few buildings amid difficulties and uncertainties.

Some time ago, Prime Minister Erdogan asked Bartholomew what the Patriarchate would do with the orphanage if it were handed back. The ecumenical patriarch answered that the intention was to turn one section into an international centre for the environment, and the other into a centre for inter-faith dialogue.

Commenting on the ECHR ruling on his way out of a panel in Smyrni, Bagis said they expected this outcome.

"I spoke to the Patriarch yesterday; we agreed over a formula acceptable to all parties, foreseeing to turn the orphanage into an environmental institute. It will be turned into a structure where prominent scholars and scientists from around the globe conducting research in the field will be able work. The place is a abandoned wreckage, it needs serious restoration. We are working closely with the patriarchate."


Macedonia Hellenic Land

Sources: Ankara Anatolia, asianews.it

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