Conference by Xanthi Turkish Union in the 10th year of ECtHR judgment

Established in 1927, Xanthi Turkish Union(İTB), of which signboard was removed in 1983 and which was dissolved in 1986 on the ground that it had the word “Turkish” in its name, organized a conference in the tenth year of the judgment of 2008 of the European Court of Human Rights(ECtHR), which convicted that Greece violated the right to freedom of association. Represented by Melek Kırmacı Arık, International Affairs Director, and Fatma Ahmetcik, Member of International Affairs and Lobby Group, Federation of Western Thrace Turks in Europe(ABTTF) made a presentation on “ABTTF’s Role in Bringing the Xanthi Turkish Union Case to the International Level”.

Speakers underlined that ECtHR’s judgments have not yet been implemented, although ten years have elapsed since the ECtHR’s judgments on the Bekir-Ousta group cases of Xanthi Turkish Union, Cultural Association of Turkish Women in the Prefecture of Rodopi and Evros Minority Youth Association and added that the case is no longer a legal case but has turned into a political case. The speakers conveyed that the restrictions with the new law, which should have enabled the implementation of the ECtHR judgments pending for many years due to procedural reasons, is a result of a malicious policy of the Greek government.

From past to present, Xanthi Turkish Union’s struggle for 35 years discussed

At the first session of the conference moderated by Ozan Ahmetoğlu, Chairman of İTB, Orhan Hacıibram, who was the lawyer of the association until its application to the ECtHR, the lawyer Ahmet Kara, the lawyer who has undertaken the case of Xanthi Turkish Union in 2011, Panayotis Dimitras, Spokesperson of the Greek Helsinki Monitor and Melek Kırmacı Arık, made speeches.

Hacıibram presented the legal struggle of Xanthi Turkish Union from the start of domestic remedies to the application to the European Court. He noted that following the 2008 ECtHR judgment, it was possible to implement the Court’s judgment without a new legal regulation on the basis of Article 758 of the Code of Civil Procedure, however, Greek government did not choose this option.

Ahmet Kara mentioned that the legal struggle since 2008 should be separated into two, as the legal and the political struggle. He presented his legal view concerning the law 4491/2017 adopted on 13 October 2017 and added that Xanthi Turkish Union has been carrying out a political struggle through conveying regular information to the Committee of Ministers of the Council of Europe and the Department for the Execution of Judgments of the ECtHR.

And Panayote Dimitras, the Spokesperson of the Greek Helsinki Monitor stressed that that the case of Xanthi Turkish Union is a political issue. Dimitras reminded Xanthi Turkish union was dissolved on the ground that its statute was against the public order and public security, which was rejected by the European court in its judgment of 2008. Dimitras stressed that Greece claims that there is only a Muslim minority in Greece, not a Turkish minority and noted that Greece, therefore, rejects the existence of an ethnic Turkish minority.

As the last speaker of the first session, Melek Kırmacı Arık, ABTTF International Relations Director underlined that the İTB case has turned out to be a political case, and she presented the work carried out by ABTTF before the European Union, the United Nations, the Organization for Security and Cooperation in Europe (OSCE) and the Council of Europe and statements by Greece at the international meeting on this specific issue. ABTTF mentioned that a political synergy should be established after the adoption of law 4491/2017 and added that Greece does not have a problem-solving approach in the case of Xanthi Turkish Union. Furthermore, ABTTF underlined that the re-opening of the legal proceedings by Xanthi Turkish Union at the Thrace Court of Appeal and the hearing on February 9, 2018 for the return of its legal entity should be raised at the international arena.

At the second session, lawyer Halil Mustafa from the Hellenic League for Human Rights, Journalist Damon Damianos and Pervin Hayrullah, the Director General of Western Thrace Minority Culture and Education Company (PEKEM) made their speeches. Halil Mustafa noted that the implementation of the ECtHR’s judgment on the basis of the Code of Civil Procedure would have been possible without adoption of a new law. Halil Mustafa added that since the law adopted in the parliament has become a hot political issue due to Xanthi Turkish Union’s case, new restrictions were added in the new text after the withdrawal of the first draft in September. Though, Mustafa noted that new restrictions might not cause any hinderance if the court would adapt a legal approach on the basis of the ECtHR’s judgments of 2008.

Journalist Damon Damianos presented his views on the Xanthi Turkish Union case with a general perspective of the Greek majority on the Western Thrace Turkish community. Damianos noted that Greece recognizes a “Muslim” minority, rather than a Turkish minority in the region and tries to determine the identity of the people living in this region. Furthermore, Damianos noted that the Turkish identity is generally perceived as a risk of danger by the Greek majority.

Pervin Hayrullah, Director General of Western Thrace Minority Culture and Education Company (PEKEM) stressed that the case of İTB is not only about freedom of association but it is directly connected the issue of recognition of the Turkish identity of the minority. As a representative of the Western Thrace Minority University Graduates Association at international meetings, Hayrullah gave information about studies they have conducted for the Xanthi Turkish Union.

In his closing speech, Ozan Ahmetoğlu, the Chairman of the Xanthi Turkish union stated that Greece has not implemented the European Court’s judgment for more than ten years and noted that they expect Greece to take a brave step for Greece’s democracy and comply with comply with the ECtHR judgment in the case of Xanthi Turkish Union.