ECUMENICAL PATRIARCHATE ON THE POPE'S VISIT AND

C O N F I D E N T I A L SECTION 01 OF 02 ISTANBUL 002150

SIPDIS

SIPDIS

DEPARTMENT FOR EUR/SE

E.O. 12958: DECL: 12/10/2016
TAGS: PHUM PREL TU
SUBJECT: ECUMENICAL PATRIARCHATE ON THE POPE'S VISIT AND
NEW FOUNDATIONS LAW VETO

REF: A. ANKARA 6593

B. ISTANBUL 2141

C. ANKARA 6529

Classified By: Consul General Deborah K. Jones for reasons 1.4 (b) and
(d)


1. (C) Summary: Ecumenical Patriarchate senior advisor
Metropolitan Meliton shared with us his deep satisfaction
over the success of Pope Benedict XVI's recent visit to
Turkey but predicted improved Muslim-Christian relations
would not influence the Government of Turkey (GOT) to resolve
issues concerning the Patriarchate. Meliton expressed his
appreciation for the U.S. Ambassador's very supportive
remarks at a December 1 dinner honoring Ecumenical Patriarch
Bartholomew I. In addition, Meliton described President
Sezer's November 29 Foundations Law vetoes as irrelevant,
claiming that the new law itself was inadequate. Finally,
Meliton said he'd met with attorneys in the United States to
explore bringing the issue of the Ecumenical Patriarchate's
lack of juridical personality in Turkey to the European Court
of Human Rights (ECHR). End summary.

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Pope's Visit a Success but Will it Translate into GOT Action?
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2. (C) In a December 5 meeting following Pope Benedict XVI's
visit to Istanbul, Metropolitan Meliton praised the visit's
success and said the Pope had done everything he could to
help the Ecumenical Patriarchate, including making the trip
in the first place (the GOT, he claimed, did not want the
visit to happen). He said that the Pope is ready to speak to
the GOT about the Patriarchate's problems and had asked that
the Patriarchate send Vatican Prime Minister Cardinal Bertone
a list of issues. He added that the world knows the Pope
came to Turkey specifically for the Ecumenical Patriarch and
that this was a very significant event in the Patriarchate's
life. The two leaders discussed the official theological
dialogue relating to the goal of inter-communion as well as
the "negative points" between the two churches, he said.


3. (C) Despite the visit's success, Meliton lamented that
while it would undoubtedly have a positive effect on
Muslim-Christian relations, the Ecumenical Patriarchate is
unlikely to derive any collateral benefit because of the
secular (and by implication--not religious) establishment's
aversion to resolving these issues. He was also gravely
disappointed by the fact that no Turkish official escorted
the Pope to the events hosted by the Ecumenical Patriarchate,
adding that the same held true during President Clinton's
1999 visit and that this was a sign of the Government's true
feelings regarding the Patriarchate.


4. (C) Meliton also expressed his gratitude for the
Ambassador's very supportive remarks at a December 1 dinner
in honor of Bartholomew. Reflecting the great scrutiny
placed upon this visit by fellow (and in this case,
competing) members of the Orthodox world, he added that the
Russian Consul General complained about the priority seating
given to the U.S. Ambassador during the religious services at
the Patriarchate. Other foreign representatives viewed the
seating arrangements much more favorably, with the Serbian
Consul General noting that he was delighted by protocol
arrangements that placed Foreign Minister Vuk Draskovic only
one seat away from the Pope during the November 30 Orthodox
service.

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New Foundations Law: Veto irrelevant, Law inadequate
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5. (C) Meliton said President Sezer's recent veto of nine
articles in Parliament's new Foundations Law (ref A) were
irrelevant because the legislation itself was inadequate.
Meliton stated the Patriarchate is waiting to see what
Parliament does before deciding on how to address a number of
concerns, which include:

-- Lack of provision for granting legal status to the
religious authorities of non-Muslim minorities, having the
effect that they can neither obtain nor maintain assets;

-- The law's provisions are applied subject to the principle
of reciprocity (and thus, argues Meliton, holds the
non-Muslim minorities captive for concessions by other
governments (i.e. Greece, Armenia) to their own minorities);

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-- Lack of provision for returning properties associated with
foundations which have been seized by the GOT;

-- Lack of provision for returning non-Muslim
cemeteries--which despite Lausanne Treaty obligations, are
currently owned by local municipalities--to their respective
minority communities;

-- Continued ability of the GOT's General Directorate of
Foundations (Vakiflar) to confiscate foundations which have
not held board elections in 10 years or which no longer
fulfill the goals for which they were founded (Note: this is
of particular concern to the Greek Orthodox community which,
due to dwindling numbers, often does not have sufficient
foundation members to hold board elections. In addition, the
Ecumenical Patriarchate has long feared that this provision
could be used by the GOT to confiscate the foundation
associated with Halki Seminary because the school is closed
and the foundation, arguably, no longer fulfills the goal for
which it was established (Ref B). End note.);

-- The Vakiflar is authorized to exchange, sell or transfer
property associated with foundations which have been
confiscated by the GOT. Meliton noted that the Vakiflar had
recently used this provision to transfer three such Greek
Orthodox minority properties to a Muslim foundation;

-- The law stipulates that the cultural wealth associated
with the foundations confiscated by the Vakiflar are also
transferred to the Vakiflar;

-- Foundations are not permitted to be involved in
international activities unless such activities are formally
stipulated in the foundation's charter. Meliton stated that
since such a declaration was not required when most of the
Greek Orthodox community foundations' charters were
established, they do not stipulate an intention to engage in
international activity;

-- Foundations are permitted to receive donations from abroad
only through a remittance process which includes notifying
the Vakiflar;

-- The Vakiflar is the authorized agency for generating
solutions to disputes arising between itself and the
foundations;

-- Finally, there is no provision regarding compensation for
properties which were sold by the Vakiflar to third parties,
which Meliton claims applies to most of the Greek Orthodox
community properties seized by the GOT.

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Possible ECHR Case on Juridical Personality
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6. (C) Meliton also informed us of his visit to the United
States in mid-November, where he met with a group of American
and British lawyers to discuss whether or not the Ecumenical
Patriarchate should bring a case against the GOT to the ECHR
regarding the Patriarchate's lack of juridical personality.
The legal committee is conducting a risk-benefit analysis to
assess possible affects on the Patriarchate in the event it
were to lose such a case. (Note: according to Meliton, the
Ecumenical Patriarchate has previously brought 27 cases to
the ECHR, all pertaining to property disputes. End note.)
Meliton also used his trip to discuss with a number of
unspecified Congressional representatives the Patriarchate's
problems.


7. (C) Comment: Though the New Foundations Law was widely
recognized as a positive step towards advancing minority
rights in Turkey (ref C),Meliton's negative opinion reflects
the Ecumenical Patriarchate's existential fear that it cannot
afford to wait out a slow reform process and that any
solution that falls short of resolving key livelihood
issues--such as its legal standing in Turkey--is inadequate.
The ECHR case under consideration is further evidence of this
opinion, as are Meliton's guarded sentiments about the long
term benefits of the Pope's visit. End comment.
JONES