ABTTF presented its study on the “Appointed Imams Law” problem to the attention of international community

Federation of Western Thrace Turks in Europe (ABTTF) presented its study on the “Appointed Imams Law” problem to the attention of international community. Accordingly, the new law envisages appointment of 240 imams to serve under the authorities of appointed muftis in mosques as civil servants.

After the adoption of the law 3536/2007 in February 2007, the problem emerged as a committee consisting of 5 Christian members was nominated to choose all of the imams who are to serve in mosques. ABTTF clearly figured out the problem under the framework of Western Thrace Turkish minority’s freedom of religion and conscience in the study of “Appointed Imams Law”. The new law obviously violates not only the principle of Lausanne Treaty that says “the minority manages its own religious institutions”, but also the right to freedom of religion and conscience. Furthermore, during the preparation phase of the law, Greek state did not conduct any dialogue with and ask for the opinion of the minority at all.

Study on violation of freedom of religion and conscience was submitted to the attention of international community

To attract the attention of international community to the violation of freedom of religion and conscience of the Turkish minority of Western Thrace, the study prepared by ABTTF was submitted to the attention of Mirek Topolanek, Prime Minister of the Czech Republic, EU Rotating Presidency, Jose Manuel Barroso, President of the EU Commission, Hans Gert-Pöttering, President of the European Parliament, Terry Davis, Secretary General of the Council of Europe, Navanethem Pillay, United Nations High Commissioner for Human Rights and Knut Vollebaek, OSCE High Commissioner on National Minorities and all the political groups in the European Parliament. The regarding study was also submitted to the attention of the religious groups, their leaders, churches and all political parties in Greece and of Vatikan and Pope Benedict XVI.

With regard to the study on the “Appointed Imams Law” problem, Halit Habipoglu stated that “ABTTF works hard to attract the attention of international community to the problems of the Turkish minority of Western Thrace, and continues its studies systematically with the aim of making the international community aware of the human rights violations in Greece, and unfair and unjust implementations against the minority. The success of ABTTF lays in the systematic and multi dimensional strategy rather than rigid and repetitious strategies”.


The Issue of the “Appointed Imams Law” within the Framework of the Freedom of Religion and Conscience of the Turkish Minority of Western Thrace

Illustration of the Problem

The Greek Government passed the law numbered 3536 /2007 through the Greek Parliament, which envisages the appointment of 240 imams to serve for the appointed muftis of Komotini, Xanthi and Dimetoka. Thence, the imams, who will serve in the mosques in the regions inhabited by the Western Thrace Turkish minority, will be appointed by the government. Identified as “religious commissaries”, the Greek Ministry of the Interior agreed to appoint 240 imams as public servants. Having overall accredited 6.785 staff members to civil service, the Greek Ministry of the Interior also approved the planned appointment of 240 mosque mandates in Western Thrace. Thus, 100 staff members will each be appointed to muftiats in Komotini and Xanthi, while the mufti of Dimetoka will get 40 more staff members. According to Greek media, 14 college graduates and 86 middle school graduates shall be employed at the muftiat of Komotini. Also 15 college graduates and 85 middle school graduates shall be appointed for the muftiat of Xanthi, and finally 11 college graduates and 29 middle school graduates will be included to Dimetokas muftiat. It is contemplated to appoint 240 religious education teachers yearly for religious institutions in the regions of Rodop, Xanthi and Evros, with a one-sided decision made by the government, without any approval of the Turkish Minority of Western Thrace, its representatives and the representatives of the religion.

The minority was not inquired about the exclusion of the religious education bill, which was stipulated in the “Contemporary Minority Politics Act” passed in February 2007. 1923 the Treaty of Lausanne regulated that “minorities administrate their own religion and institutions”, and therefore the selection of the imams, who are to be appointed as “ecclesiastic” in public service by a committee of five Christians, is as well a violation of the freedom of religion and conscience, as it portrays a violation of human rights. It is unacceptable that a secular state, not being allowed to even interfere with Christians’ churches, shall prospectively be able to select public servants of the mosques.

A) Freedom of Religion and Conscience within the Framework of the Issue of Müftis in Western Thrace

Greeece has regulated the issue of the Muslim Turkish minority according to the treaties listed below:
- The Treaty on Ceding Parts of Thesaly and Epirus to Greece was announced and publicized on 11 March 1882 in the 59th issue of the Greek Governmental Newspaper dated 14/13.03.1882 after it was signed between and ratified by Greece and the Ottoman Empire on 2 July 1881.
- The Treaty of Athens signed between Turkey and Greece on 14 November 1913.
- On 12 September 1901, a special, 434 numbered law guaranteed the rights of the Cretan and Thesalian Muslim Turks within Greek constitution.

Religious freedom of the Muslim Turkish minority of Western Thrace, who was left within Greek borders, was protected by the Treaty of Sèvres signed in 1920 and by the Treaty of Lausanne signed in 1923. While the Treaty of Lausanne did not particularly mention the muftis, it based on the clauses of the Treaty of Athens (1913) and presented this to judiciary by passing the 2345/1920 numbered bill. Under the terms of this law, a chief-mufti shall be elected by the regional Muslims to officiate at a muftiat. However, the position of the mentioned chief-mufti never enjoyed to be appointed.

Except for its 12th paragraph, the 2345/1920 clause relating to the district councils was not carried out. Therefore, muftis in Komotini, Xanthi and Alexandroupolis, supposed to be appointed by election, were selected by a special royal committee after 1920.

The Minority’s claim to selectits own muftis relies on 3 agreements: (1) The Treaty of Athen in 1913, (2) the 2345/1920 clause, (3) mutuality contract according to the Sen Sinod Parliament with regard to the election of Orthodox Patriarch of Istanbul and West Thracian muftis.

In 1985, conflicts with the Greek administration about the appointment of the muftis were inevitable. Thus, the Greek authorities overruled the “foundation rules of muftiat institutions and religious schools” written down in 2345/1920 bill on 25th December 1990 to consequently reorganize the paragraph bounding Western Thrace Turkish muftiats.

The issue about the appointment of Western Thrace Turkish muftis has not been solved till today, and even though the European Court of Human Rights has composed two solutions, the Greek administration continues its selection of Western Thrace Turkish muftis. Still, the minority keeps electing the muftis itself and caused Greek government to accuse these people for “taking over authority illegally”.

The Problem of Educating Religious Commissaries for the Muslim Turks of Western Thrace

On 24th December 1990, the bill regulating the “Muftis’ appointment procedure, attribute, duties, regulations and their representatives” was published in the 182nd edition of the Official Gazette, after recommendations and transcripts were enacted by the Greek Government on 3rd November 1988 and signed by the Greek Chancellor on 24th December 1990. This declaration was passed as the 1920 numbered and 1991 dated law regulating “Muslim religious authorities”.

In addition to the regulations in the 1920/1921 law, Muftis carry out their duties according to the holy book of the Islam and the Sharia; they appoint, control and supervise the Muslim delegates, officiate and affirm religious weddings; and next to all these according to holy Muslim rights have the right to decide about religious issues.

The 1920/1991 law portrays the education of religious appointees for the Western Thrace Turks as an unacceptable issue. The Special Pedagogical Academy of Thessaloniki decided to offer “Muslim Theology” courses, to educate religious delegates, customizable on Western Thrace Turks. For this purpose, the Greek Ministry of Education and Religious Affairs decided to deliver the Academy’s “Muslim Theology departments’ regulations, functions, the appointment of its employees and their attributes, the acceptance principles for students, the period of education, the courses being offered and every other aspect, to the Chancellors’ ordinance.

B) Freedom of Religion and Conscience

The freedom of religion and conscience is guaranteed by the Greek Constitution, implicating as well from the treaties signed between Greece and Turkey, as from Greek’s participation in international agreements

Furthermore, the Universal Declaration of Human rights validates the human rights as global and defines the equality of all human, despite their differences in race, gender, religion and language. Therefore, human rights are guaranteed for every human being, with no consideration of their race, colour, religion, regional or national heritage, citizenship and other aspects human differ in.
In 1965, each signing state, concerning the abolition of racial segregation, has made the agreement that every human being is free and “their dignity indefeasible and in every aspect equal”. According to this, every human being, with no exception, profits from human rights, with no regard on race, skin colour, and ethnical origin. Again regarding all human being as equal before the law, the states are supposed to treat every human being, with no exception, equally and end racial segregation as it is asked for in the 1963 Declaration of the United Nations. According to the UN Treaty of 1966 about civil- and citizen-rights, the signing nations pledge themselves to declare equality to all human being in their territory, with no consideration of origin, skin colour, gender, language, political and every other attitude, ethnical heritage, possession, etc.

Moreover, with 1969 UN Declaration on Social Progress and Development and 1981 Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, all forms of discrimination are forbidden.

Also, 1993 UN Declaration on the Rights of Persons Belonging to National or Ethnic, Religious or Linguistic Minorities regulates that the signing countries are required to protect the existence and advance the fulfilment of national-, ethnical-, language- and religious minorities in their sovereign territory. Members of the already mentioned minorities can enjoy their designated rights by themselves, or share these with their relative groups, or their relatives.

The freedom religion and conscience has been guaranteed by the Council of Europe documents. According to the European Convention for the Protection of Human Rights and Fundamental Freedoms as amended by Protocol No. 11, “freedom of religious belief and worship are fundamental freedoms to be guaranteed by law in a democratic society”. According to the Article 9 of the Convention, “Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance”. The European Court of Human Rights convicted Greece due to its non-compliance with the regarding article.

The Article 10 of the Charter of Fundamental Rights of the European Union states that “Everyone has the right to freedom of thought, conscience and religion. This right includes freedom to change religion or belief and freedom, either alone or in community with others and in public or in private, to manifest religion or belief, in worship, teaching, practice and observance”.

According to the Article 27 of the 1966 UN International Covenant on Civil and Political Rights, which was ratified and put into effect by Greece in 1999, persons belonging to ethnic, religious or linguistic minorities are guaranteed with the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language.

Besides international documents stated below also guarantees the freedom of religion and conscience:

- 1965 Helsinki Final Act
- 1983 Concluding Document of the Madrid Meeting
- 1989 Concluding Document of the Vienna Meeting
- 1990 Charter of Paris for a New Europe
- 1999 OSCE Charter for European Security

Freedom of Religion and Conscience and State-Religion-Relationship in Greece

While analysing the freedom of religion and conscience of the Turkish Minority of Western Thrace in Greece, the freedom of religion and conscience of the Orthodox Christians, who constitute the majority in the country, should also be analyzed. The basic constituent of the Greek culture and Greekness is Orthodox Christianity. In the country, the ones belonging to other religions are considered as foreigners.

In Greece, except Muslims, there are Jews, Jehovah’s Witnesses and Catholic and Protestant Christians in small numbers. No official contact exits between the Orthodox Church and Catholic Church in Greece. The Orthodox Church, which is the only official church in the country, denies the other churches. In the Article 3, Paragraph 1 of the Greek Constitution, it is stated that “The prevailing religion in Greece is that of the Eastern Orthodox Church of Christ”.

The Orthodox Church of Greece is independent and inseparably united in doctrine with the Great Church in Istanbul and with every other Church of the same doctrine, observing unwaveringly the holy apostolic and syn-odal canons and sacred traditions.

Since the religious men of the Orthodox Church are considered as public servants, the Greek state pays the salaries of these. On the other hand, the religious men of the Jewish Central Board and the Catholic and Protestant Churches are paid by the communities themselves.

With regard to the state-mosque-relationship in Greece, there is no specific provision in the Constitution guaranteeing and protecting the freedom of religion of the Muslim Turkish minority. The ones, who obtained their religious education in Saudi Arabia, are exclusively appointed by the Greek government as religious commissary to the religious institutions of the Muslim Turks of Western Thrace.

According to the Lausanne Peace Treaty and applicable legislation, Mufti (appointed) is a public servant. On the other hand, the Jewish Central Boards and shared Jewish communities have public law entity concept. According to this, Western Thrace Muslim Turkish Minority does and must have a public law entity concept with its Muftis, mosques, lodges and other institutions. However, the Greek authorities and legislators do not accept this status.

In Greece, freedom of worship has been regulated under the Article 13, Paragraph 2 of the Greek Constitution, and according to this, the Muslim Turks belonging to “known” religion of Islam shall perform, with the condition of not offending public order or the good usages, their rites of worship unhindered and under the protection of the law. However, it is not allowed by Greece that the Muslim Turkish religious commissaries establish foundations, and their foundations are administered and managed by the ones elected by them.

Conclusion

The Law 3536/2007 envisages the appointment of 240 imams in charge of public service as “ecclesiastic” to the mosques belonging to the Turkish Minority of Western Thrace. The regarding law, which was passed in the Greek Parliament without asking the opinion of the Western Thrace Turkish Minority is a clear indication that the Greek government denies to establish a dialogue with the Minority. The selection of the candidates for the position of religious men under public service by a delegation of five Christians is a clear violation of the freedom of religion and conscience of the Muslim Turkish Minority. In addition, it is totally against the principle that “Minority administrates its own religious and wakfs’ institutions” stated in the Lausanne Treaty. In Western Thrace, two communities and two religions have been living together in peace for years. Nevertheless, it is a great disrespect made against the Muslim Turkish Minority that under the regarding law, the selection of the imams, who will serve in the mosques belonging to the Minority, will be carried out by a delegation composed of Orthodox Christians only, but not by the Minority itself. Furthermore, the regarding law has caused disputes among the Minority. This attempt has to be evaluated as a move to destroy the religious sovereignty of the Minority. Dissidence between the ones accepting the law and applying for the position of religious men under public service and the ones objecting to the law threatens the unity of the Muslim Turkish Minority of Western Thrace. If the Greek government is genuine with “modern minority policy”, it must construct and develop such a policy with the Muslim Turkish Minority itself and to the advantage of the Minority.