Identifier
Created
Classification
Origin
07ISTANBUL50
2007-01-24 16:09:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Consulate Istanbul
Cable title:  

TURKISH LEGAL SOURCES REGARDING THE ADMINISTRATION

Tags:  PHUM PGOV TU 
pdf how-to read a cable
VZCZCXRO7247
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RUEHLN RUEHLZ RUEHROV RUEHSR RUEHVK RUEHYG
DE RUEHIT #0050 0241609
ZNR UUUUU ZZH
P 241609Z JAN 07
FM AMCONSUL ISTANBUL
TO RUEHC/SECSTATE WASHDC PRIORITY 6534
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE PRIORITY
RUEHDA/AMCONSUL ADANA PRIORITY 2286
UNCLAS ISTANBUL 000050 

SIPDIS

SENSITIVE
SIPDIS

DEPARTMENT FOR EUR/SE

E.O. 12958: N/A
TAGS: PHUM PGOV TU
SUBJECT: TURKISH LEGAL SOURCES REGARDING THE ADMINISTRATION
AND CLOSING OF HALKI SEMINARY

REF: A. 06 ISTANBUL 2141

B. 06 ISTANBUL 1302

UNCLAS ISTANBUL 000050

SIPDIS

SENSITIVE
SIPDIS

DEPARTMENT FOR EUR/SE

E.O. 12958: N/A
TAGS: PHUM PGOV TU
SUBJECT: TURKISH LEGAL SOURCES REGARDING THE ADMINISTRATION
AND CLOSING OF HALKI SEMINARY

REF: A. 06 ISTANBUL 2141

B. 06 ISTANBUL 1302


1. (SBU) The following information is a summary of the
relevant legal sources and points associated with the
administration and closing of the Ecumenical Patriarchate's
Halki Seminary. Most of the information is taken from a
Turkish Economic and Social Studies Foundation (TESEV)
publication entitled, "Discussions and Recommendations on the
Future of the Halki Seminary," published in December 2006.
We have confirmed the accuracy of this information with the
Patriarchate's legal advisors. For a more thorough
description of the Seminary and the Ecumenical Patriarchate's
associated dispute with the Government of Turkey (GOT),
please see ref A. For information associated with a recent
dispute resolution proposal, please see ref B.


2. (SBU) In 1947, the Ecumenical Patriarchate applied to the
GOT's Ministry of National Education (MNE) to change the
curriculum of Halki Seminary to a four-year theological
school, including three high school grades and one post-high
school grade. The GOT rejected the proposal when it was
originally requested, but when Prime Minister Menderes'
Democrat Party came to power in 1950 it brought with it a
more liberal approach to dealing with minorities and revived
the proposal. The MNE subsequently approved the "Regulations
for the Education of the School for Greek Priests of Halki"
in 1951, effectively granting the Seminary a charter as a
"theological school." The MNE communicated this approval to
the Ecumenical Patriarchate through a letter originating from
the Department of Private Schools and transmitted through the
Directorate of National Education of the Province of Istanbul
on October 3, 1951.


3. (SBU) On August 29, 1952, the MNE's Education Committee
approved an addendum to the 1951 Regulation, establishing
that "students who came from foreign countries and had no
knowledge of Turkish were (to be) admitted to the classes of
the school (Halki Seminary) in accordance with the equivalent
status of education in their countries." (Note: Though this
doesn't directly relate to the opening of Halki Seminary, it
sets an important precedent for permitting foreign students
to attend the Seminary, a significant element in the current
dispute with the GOT. End note.)


4. (SBU) Law No. 625 dated June 8, 1965 concerned "Private
Institutions of Higher Education" and was intended to
regulate private education, in general, vice the 1951
Regulation which applied specifically to Halki Seminary. In
1971, the Constitutional Court canceled certain articles of
Law No. 625 and interpreted the Law as applying specifically
to post-secondary education. The Court further ruled that
private institutions of higher learning must affiliate
themselves with existing public institutions or close down.
The MNE Regional Director subsequently split off the high
school division of Halki Seminary through a "confidential"
letter dated July 9, 1971 and ordered the Seminary to concur
with the Court's ruling. The high school remained open until
1984, at which time the Patriarchate closed it, claiming that
GOT-imposed restrictions kept it from effectively being able
to educate the student body, which as a result of these
restrictions included only four students.


5. (SBU) Comment: The Ecumenical Patriarchate argues that
the 1923 Lausanne Treaty guarantees its right to train clergy
and that the 1951 Regulation establishes Halki Seminary as a
"theological school," consequently making the Seminary a
vocational school not subject to the jurisdiction of Law No.
625 or the associated 1971 Constitutional Court ruling. The
GOT claims that because the Seminary's curriculum included
one year of post-secondary education, it does fall under the
authority of Law No. 625 and therefore must comply with the
1971 Constitutional Court ruling. End comment.
JONES