THRACE COURT REJECTS "TURKISH UNION OF XANTHI'S" APPEAL FOR

UNCLAS THESSALONIKI 000045 SENSITIVE SIPDIS DEPT FOR EUR/SE, DRL E.O. 12958: N/A TAGS: PHUM PGOV PREL SOCI GR TU SUBJECT: THRACE COURT REJECTS "TURKISH UNION OF XANTHI'S" APPEAL FOR RECOGNITION ¶1. (U) On 30 September, the Appeals Court in Thrace rejected an application by local Muslim community organization "Turkish Union of Xanthi" to reverse earlier decisions by national courts prohibiting it from being recognized and registered under that name. The Union's appeal was based on a 27 March 2008 decision by the European Court of Human Rights that a GoG ban on use of the term "Turkish" violated Articles 11 (freedom of assembly and association) and 14 (prohibition of discrimination) of the European Convention on Human Rights. The Appeals Court concluded that the ECHR ruling was not binding in this case because it focused only on the cultural activities of the organization and did not address the Union's political activities, which could potentially "endanger public order in the area. "The Court also concurred with the lawyer of the Federation of Thracian Associations Ioannis Hatziantoniou, that Article 12 of the Union's organizational statutes, which deals with "Monitoring of Members' Social and National Beliefs" was in violation of Article 5 of the Greek Constitution. In reaction to the verdict, the Union's lawyer Orhan Hajiibram commented that the court "did not interpret accurately the ruling by the ECHR" and Hajiibram said that he would consider the organization's future moves, including a possible appeal to the Supreme Court of Greece. ¶2. (SBU) BACKGROUND: The "Turkish Union of Xanthi" was originally established in 1928 and operated legally under that name until 1983, when a local Prefect decided to pursue legally its dissolution. In 1986, the Appeals Court of Thrace ordered the Union's dissolution on the grounds that its name violated Lausanne Treaty provisions recognizing only a Muslim [NOTE: as opposed to "Turkish"] minority in Thrace. The organization took the matter to Greece's Supreme Court which decided to uphold the original decision in 2005, thereby also violating, according to the ECHR, Articles 6&1 (fair hearing within a reasonable time) of the European Convention on Human Rights. As noted above, in a 27 March 2008 ruling, the ECHR found that these court decisions contravened the Union's right to freedom of assembly and association under the European Convention, specifically noting that even if the aim of the organization was to promote the idea of a Turkish minority in Thrace, this did not constitute a threat to Greek national security and that Greek courts retained the ability to order the dissolution of the organization if members resorted to unconstitutional means to pursue their alleged goals. ¶3. (SBU) COMMENT: The appeals court decision was announced just days prior to national parliamentary elections and thus elicited minimal public response. At this time, it is unclear whether the Union will pursue further national or European legal remedies. In addition to continuing the unresolved issues of freedom of association and freedom of religion associated with this case, the appeals court's decision to act in contravention of the ECHR ruling sets an important and potentially dangerous precedent. Post will continue to monitor developments in the case and the impact of this ruling on minority organizations in Thrace. END COMMENT KING