The European Court of Human Rights (ECHR) ruled this week that Turkey violated freedom of religion in a case involving two Greek Orthodox clergymen barred from running for leadership positions in religious foundations.
The court found that Turkish authorities improperly excluded members of the clergy of the Ecumenical Patriarchate from standing for election to the administrative boards of Greek Orthodox vakifs, or pious foundations, which manage religious, educational and charitable institutions.
The ruling upheld the claims of the late Gennadios (born Nikolaos) Mavrakis and Georgios Kasapoglou, who were prevented from seeking election to the boards. It marked the conclusion of a 15-year legal battle that began in Turkish courts before reaching the European level.
In its judgment, the court said organizations established to protect cultural or spiritual heritage and to promote religious or minority identity play “an essential role in the functioning of a democratic society.” It also stressed that pluralism depends on “genuine recognition and respect of cultural, ethnic and religious diversity.”
The case centered on a longstanding policy in Turkey that allowed only lay members of the Greek Orthodox community to participate in the governance of the vakifs, despite a 2008 law permitting elections for their boards. Turkish authorities had argued that provisions linked to the Treaty of Lausanne barred clergy from holding such positions.
