CEDH · PRESS;HEARINGS;ENG — 20 septembre 2005

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TURKEY Yedikule Surp Pirgiç Ermeni Hastanesi Vakfı v. Turkey   The European Court of Human Rights is holding a Chamber hearing today Tuesday 20   September 2005 at 9 a.m., on the merits in the cases of Fener Rum Erkek Lisesi Vakfı v.Turkey (application no. 34478/97) and Yedikule Surp Pirgiç Ermeni Hastanesi Vakfı v. Turkey (nos. 50147/99 and 51207/99)   The applicants   Both applicants are foundations under Turkish law that were established at the time of the Ottoman Empire. Fener Rum Erkek Lisesi Vakfi was set up to provide educational facilities at the Greek Higher Secondary School in Fener (Istanbul). Yedikule Surp Pırgiç Ermeni Hastanesi Vakfı is the foundation for the Armenian hospital Surp Pırgiç in Yedikule. The status of both foundations complies with the provisions of the Lausanne Treaty of 1923 affording protection to foundations that provide public services for religious minorities.   Summary of the facts   In accordance with Law no. 2762 of 13 June 1935, by virtue of which they obtained legal personality, the applicant foundations filed a declaration in 1936 of their aims and of their immovable property.   In 1952 the Fener Rum Erkek Lisesi Vakfi Foundation received a gift of part of a building in Istanbul. It purchased another part of the building in 1958. The Yedikule Surp Pırgiç Ermeni Hastanesi Vakfı Foundation received gifts of two properties in Istanbul in 1943 and 1967, one in Beyoğlu, the other in Kadıköy.   In 1992 the Treasury applied to the Turkish courts for an order setting aside the applicants’ title to the properties and deleting their names from the land register. In three judgments (on 7   March 1996 in the case of Fener Rum Erkek Lisesi Vakfi and on 30 October 1997 and 24   February 1998 in the case of Yedikule Surp Pırgiç Ermeni Hastanesi Vakfı ), the Istanbul High Court granted the Treasury’s applications. Referring to a decision of the Court of Cassation of 8 May 1974, it held that the foundations, whose membership was made up of religious minorities as defined by the Treaty of Lausanne and whose constitutive documents did not contain a statement that they had capacity to acquire immovable property, were precluded from purchasing or accepting a gift of such property. Accordingly, their immovable property was restricted to that set out in their constitutive documents and finalised in the declaration made in 1936, so that they were precluded from acquiring immovable property.   On appeals on points of law by the applicants, the Court of Cassation upheld the judgments of the Istanbul High Court in decisions of 9 December 1996, 22 September 1998 and 20   October 1998.   In October 2000 Fener Rum Erkek Lisesi Vakfi applied to the Foundation Commissioners for permission to amend its status to permit it to acquire immovable property. However, its application was turned down.   Complaints   The applicants complain of the orders setting aside their title to the properties. They argue that the Turkish legislation as interpreted by the domestic courts deprives foundations established by religious minorities within the meaning of the Lausanne Treaty of all capacity to acquire immovable property. In their submission, that incapacity amounts to discrimination when their position is compared to that of other foundations.   The applicants rely on Article 1 of Protocol No. 1 (protection of property) to the European Convention on Human Rights and Article 14 (prohibition of discrimination) taken together with Article 1 of Protocol No. 1. Yedikule Surp Pırgiç Ermeni Hastanesi Vakfı further complains under Article 6 (right to a fair hearing) that it did not receive a fair hearing in the Turkish courts.   Procedure   The application Fener Rum Erkek Lisesi Vakfı v.Turkey was lodged with the European Commission of Human Rights on 25 November 1996 and transmitted to the European Court of Human Rights on 1 November 1998. It was declared admissible on 8 July 2004.   In the case of Yedikule Surp Pirgiç Ermeni Hastanesi Vakfı, the applications were lodged with the European Court of Human Rights on 16 July and 20 August 1999. They were joined and declared admissible on 14 June 2005.   Composition of the Court   The case will be heard by a Chamber composed as follows:   Jean-Paul Costa (French), President , András Baka (Hungarian), Ireneu Cabral Barreto (Portuguese), Riza Türmen (Turkish), Volodymyr Butkevych (Ukrainian), Danute Jočienė (Lithuanian), Dragoljub Popović (citizen of Serbia-Montenegro), judges , Karel Jungwiert (Czech), Mindia Ugrekhelidze (Georgian), Antonella Mularoni (San Marinese), Elisabet Fura-Sandström (Swedish), substitute judges , and also Sally Dollé , Section Registrar .   Representatives of the parties   Government :   A Münci Özmen , Co-agent , Erdoğan İşçan , Basri Yıldız , Vedia Sirmen , İrem Yaşar , Nihan Çetin , Oya   Ercil , Z Baran Avcıoğlu , Özden Gazialem , Advisers .   Applicants :   For the foundation Fener Rum Erkek Lisesi Vakfı   : Gülten Alkan , Mehmet Ali Hatemi , Prodomos Filipos , Tanaş Angelidis , Counsel .   For the foundation Yedikule Surp Pırgiç Ermeni Hastanesi Vakfı   : Diran Bakar , Setrak Davuthan , Luiz Bakar , Counsel .     After the hearing the Court will begin its deliberations, which are held in private. Judgment will be delivered at a later date.     ***     Registry of the European Court of Human Rights F – 67075 Strasbourg Cedex Press contacts:   Roderick Liddell (telephone: +00 33 (0)3 88 41 24 92)   Emma Hellyer (telephone: +00 33 (0)3 90 21 42 15)   Stéphanie Klein (telephone: +00 33 (0)3 88 41 21 54) Fax: +00 33 (0)3 88 41 27 91   The European Court of Human Rights was set up in Strasbourg by the Council of Europe Member States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights. Since 1 November 1998 it has sat as a full-time Court composed of an equal number of judges to that of the States party to the Convention. The Court examines the admissibility and merits of applications submitted to it. It sits in Chambers of 7 judges or, in exceptional cases, as a Grand Chamber of 17 judges. The Committee of Ministers of the Council of Europe supervises the execution of the Court’s judgments. More detailed information about the Court and its activities can be found on its Internet site.