ECHR: Turkey Discriminated Cemevis

The European Court of Human Rights ruled that Turkey’s Directorate of Religious Affairs’s rejection of paying electricity bills of a cemevi is a “violation of right to religion” and “discrimination”.

Erol Önderoğlu

The European Court of Human Rights ruled that Turkey’s Directorate of Religious Affairs’s (DAR) rejection of paying electricity bills of Yenibosna Cemevi [sacred place for Alevi people] is a “violation of right to religion” and “discrimination”.

The applicant association, Cumhuriyetçi Eğitim Ve Kültür Merkezi Vakfı (Foundation for Republican Education and Culture, hereafter “the Foundation”), is a foundation established under Turkish law, which was set up in 1995 and has charitable status.

In this case, the foundation complaint about the refusal to exempt it from paying its electricity bills, arguing that national legislation provides for such an exemption for places of worship.

While the ruling was issued today, DAR declined the foundation’s request in August 2006 and a local court rejected their complaint on May 27, 2008.

ECHR: Discrimination based on faith

ECHR said the following on the verdict: “While the applicant foundation didn’t face an objective treatment, it is not plausible either. As the court, we observe a faith-based discrimination regarding the exemptions of electric bills on sacred places.”

“Cemevis are not places of worship”

In August 2006, submitting that the Foundation was a place of worship for the Alevi community, its director requested exemption from paying electricity bills, since the legislation provides that the 4 electricity bills for places of worship are paid from a fund administered by the Directorate of Religious Affairs (DAR).

The courts dismissed the Foundation’s claims, basing their decision on the DAR’s opinion that the cemevis are not places of worship but places of assembly in which spiritual ceremonies are held. The total amount of the Yenibosna Centre’s bills comes to 668,012.13 Turkish lira (TRY), or EUR 289,182, under the exchange rate at the relevant time.

Both discrimination and violation of freedom of religion

Relying on Article 14 (prohibition of discrimination) taken together with Article 9 (right to freedom of thought, conscience and religion), ECHR Court Panel including the newly-elected Section President Işıl Karakaş from Turkey found the Turkish state guilty with unanimous vote.

ECHR, on the other hand, postponed the execution of Article 41 of the Convention regarding making repartitions.

* Click here to read the article in Turkish.

Origin

BIA News Desk

Erol Önderoğlu

[email protected]

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A graduate of the French Language and Literature Department at İstanbul University. He has served as the Turkey representative for the international organization Reporters Without...

A graduate of the French Language and Literature Department at İstanbul University. He has served as the Turkey representative for the international organization Reporters Without Borders (RSF), where he began as a reporter in 1996. Since 1999, he has worked at bianet, a project of the IPS Communication Foundation, as the coordinator of the Legal Support Desk, editor for freedom of expression, and editor-in-chief. He has authored more than 4,800 signed news articles and opinion pieces. He has also written for Bizim Gazete and the journal Güncel Hukuk. He currently prepares the Media Monitoring Reports at bianet.