On Saturday (27 August), the Official Gazette published a decree on the return of immovable property of non-Muslim minorities. Thus, all confiscated immovable properties, historic cemeteries and fountains will be returned to non-Muslim minorities. Immovable property owned by third persons will be paid for. The decree is an expansion of the law on returning goods to minority foundations as enforced in 2008.
Radikal newspaper reported that the Ministry of Finance is going to determine the compensation to be paid for immovable property owned by third persons and the Treasury of the Foundations General Directorate are going to pay the money.
The new regulation comes unexpected and within an unusual context: It was issued in the scope of amendments of certain Decree Laws (KHK) on the duties of the Food, Agriculture and Livestock Ministry.
According to the decree, "Immovable properties of non-Muslim foundations registered in the 1936 Declaration with their 'owner' section left empty, immovable properties in the 1936 Declaration regulating minorities' properties for the first time during the Period of the Republic and registered on the Treasury, the General Directorate of Foundations, Municipalities and Special Provincial Administration, except for reasons of sale or expropriation, and cemeteries and fountains registered on public institutions, will be entitled to be registered on the non-Muslim foundations upon application".
Amendments in 2003 and 2008 paved the way to the return of certain properties of minority foundations that were subject to dispute. However, no steps were being made towards immovable property owned by third parties in particular.
The 1936 Declaration prohibited minority communities from acquiring property. According to the new regulation, immovable property registered in the "ownership" section of the 1936 Declaration that is not owned by third persons will be returned to the minority communities together with the related entry in the land register.
The foundations will have to apply to the Foundations Council within twelve months to reclaim their property.
Among the property to be returned to minority foundations are about 50 cemeteries including the Şişli Greek Cemetery and important cemeteries in Yeniköy or Boyacıköy (districts on the European side of Istanbul); the Galata School in Karaköy (Istanbul); important areas of the Jewish community in Kandilli on the Asian banks of the Bosporus; the Armenian Gülbenkyan Selamet Public House; immovable property belonging to the Bakılkı Greek Hospital Foundation. (YY/VK)
