Freedom of conscience, religious belief and conviction in Turkey

 

 

Freedom of conscience, religious belief and conviction in Turkey is firmly guaranteed by the Constitution and relevant legislation. This freedom as regards Turkish citizens belonging to non-Muslim minorities is further safeguarded in accordance with the Lausanne Peace Treaty.

 

Isolated incidents against non-Muslim citizens and foreigners are duly penalized in accordance with relevant law. Unfortunate attacks against them and places of worship of non-Muslim faiths are always met with prompt response and due diligence by Turkish authorities, to bring perpetrators to justice.

 

          The recent murder of three employees of the Zirve Publishing House on 18 April 2007, namely Tilman Ekkehard Geske, Necati Aydın and Uğur Yüksel, has prompted a great reaction in all segments of the society in Turkey. Our only consolation is that the perpetrators of this crime were captured soon after the incident. The law enforcement officials, who were in the vicinity of the crime scene, were able to intervene immediately and apprehended the suspects on the scene, together with the weapons used in the crime.

 

          A judicial investigation was immediately launched in connection with the murder. The four suspects, who were arrested after the incident, are currently in the E-Type Closed Prison in Malatya on charges of murder, complicity to murder, depriving a person of liberty as well as terrorist charges under the Anti Terror Law No. 3713. The fifth suspect, who was injured when he fell from the third floor of the building in an attempt to escape from the police, was later arrested and taken into the same prison following his treatment completed in Malatya Research Hospital. The investigation is underway.

 

The Republic of Turkey adheres with great dedication to the legacy of tolerance. Turkish land has traditionally been home to those in need fleeing religious persecution throughout history.

 

In this context, freedom of religious belief and conviction in Turkey includes inter alia:

-                                 Right to freedom of conscience, religious belief and conviction for all,

-                                 Free conduct of acts of worship, religious services, and ceremonies,

-                                 Freedom of adults to choose their religion,

-                                 Prohibition against compelling anyone to worship, or to participate in religious ceremonies and rites, to reveal religious beliefs and convictions,

-                                 Prohibition against blaming or accusing anyone because of his religious beliefs and convictions,

-                                 Prohibition against compelling anyone by force or threats to express or change his/her religious beliefs and convictions, and against preventing him/her by force or threats from expressing or disseminating them,

-                                 Prohibition against obstructing collective religious worship or ceremonies by force or threats or by another unlawful behaviour and

-                                 Prohibition against exploiting or abusing religion or religious feelings, or opinions held sacred by religion.

 

Turkish nation is not a juxtaposition of communities or groups. It is composed of citizens, who are equal before the law irrespective of their origins in terms of language, race, colour, ethnicity, religion or any other such particularity, and whose fundamental rights and freedoms are enjoyed and exercised individually in accordance with the relevant law.

 

Every Turkish citizen is considered an indispensable part of the Turkish national identity and culture. Their descents are the sources of richness in Turkish society and can be enjoyed and preserved through the exercise of individual liberties.

 

Acts of discrimination are prohibited and penalized by law.

 

All remedies are available against violations of fundamental rights and freedoms including acts of discrimination.

 

In addition to the judicial ones, there are governmental/administrative and parliamentary remedies. These remedies are utilized through the Human Rights Presidency and numerous Human Rights Boards at provincial and sub-provincial levels, which have been established in all the 81 provinces and 850 districts throughout the country, on the one hand, and the Human Rights Inquiry Commission of the Parliament on the other. These bodies are tasked with investigating complaints and allegations of human rights abuses, and submitting their findings to relevant authorities for necessary action.

 

            Anti-Semitism has traditionally been alien to the Turkish society. All forms of discrimination including anti-Semitism are prohibited and heavily penalized by law in accordance with the Constitution. Isolated incidents of anti-Semitic nature are dealt with under general provisions of non-discrimination in relevant laws.

 

No violation based on religious discrimination of Article 14 of the European Convention of Human Rights, which regulates non-discrimination, has been found by the European Court of Human Rights (ECtHR) on the complaints lodged against Turkey.

 

The ongoing reform process that has been carried out with resolve and transparency in recent years has also led to further improvements in the legislation concerning religious freedoms.

 

Within this framework, in addition to the regulations with regard to the Turkish citizens belonging to non-Muslim minorities as stipulated in the Lausanne Peace Treaty, legislative and administrative arrangements have also been realized as to the freedom of religion of all citizens and foreigners residing in Turkey. Some examples in this regard are as follows:

 

According to the new Law on the Civil Registry, the religion section in the registry and identity card can be completed, changed, or left blank in conformity with the person’s written statement.

 

The Law on Construction was revised as to the allocation of land zones for the use of places of worship by not only Muslims, but also followers of other religious faiths. For example, the Association of Saint Paul Union Church and the Association of Saint Nicholas Church have been founded in Antalya. Saint Nicholas Church started to hold religious service as of November 2004.

 

The Law on Construction furthermore ensured that special zones for places of worship are designated in the preparation of each public works plan. In this regard, the Ministry of Interior issued a directive on 24 September 2003 instructing local authorities to designate the required places of worship in the preparation of public works plans and to allow for the building of such places by the approval of the local authority.

 

Non-Muslim places of worship are administered by their associations or foundations. The property rights of places of worship remain with the real or legal persons that have built them. There is no restriction on foreign clergy to work in Turkey. As of December 2006, 122 foreign clergymen have been registered with working permit to serve in places of worship.

 

There are more than 300 non-Muslim places of worship, including 53 churches run by foreigners residing in Turkey.

 

 

 

 

 

Official Statements regarding the attack in Malatya