Country of origin information report Turkey March 2007

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18.31 The USSD 2006 report on Religious Freedom continued:
“Under the law, religious services may take place only in designated places of worship. Municipal codes mandate that only the Government can designate a place of worship, and, if a religion has no legal standing in the country, it may not be eligible for a designated site. Non-Muslim religious services, especially for religious groups that do not own property recognized by the GDF, often take place on diplomatic property or in private apartments. Police occasionally bar Christians from holding services in private apartments, and prosecutors have opened cases against Christians for holding unauthorized gatherings.
“The law prohibits imams, priests, rabbis, or other religious leaders from ‘reproaching or vilifying’ the Government or the laws of the state while performing their duties. Violations are punishable by prison terms of one month to one year, or three months to two years if the crime involves inciting others to disobey the law.” [5e] (Section II)
18.32 The USSD 2006 report on Religious Freedom also noted that “Government authorities do not interfere in matters of doctrine pertaining to non-Muslim religions, nor do they restrict the publication or use of religious literature among members of the religion. There are legal restrictions against insulting any religion recognized by the Government, interfering with that religion's services, or debasing its property.” [5e] (Section II)
18.33 The European Commission 2005 report stated that, “In practice non-Muslim religious communities continue to encounter significant problems: they lack legal personality, face restricted property rights and interference in the management of their foundations, and are not allowed to train clergy. [71d] (p29)
18.34 The EC 2005 report also stated that, “In January 2005, Governors’ Offices under the Ministry of Interior assumed responsibility for a number of issues related to non-Muslim minorities – including their health, social, cultural and educational institutions – which had previously fallen under the responsibility of the Provincial Security Directorates. The transfer of relevant documents to the Governors’ offices is reportedly ongoing.” [71d] (p36)
18.35 The EC 2005 further noted tjhat, “Although freedom of conscience is guaranteed by the Turkish Constitution and freedom of worship is generally not hindered, non-Muslim religious communities continue to encounter serious problems, particularly in terms of legal personality, property rights, the training of clergy, and the management of their foundations. The current legal framework does not recognise the right of religious communities to establish associations with legal personality in order to promote and protect their religions.” [71d] (p109)
18.36 The Economist Intelligence Unit (EIU) 2007 country report published January 2007 noted that:
“On November 9th 2006 the Turkish parliament appeared to have met part of

the EU!s demands for improvement of the rights of Turkey’s small non-Muslim

minorities, by passing a law allowing foreign citizens to establish charitable or

pious foundations in Turkey, to permit the return of properties of non-Muslim

foundations that had been seized by the state, to permit them to acquire new

property and to open branches abroad. On November 29th parts of the bill

were returned to the parliament by the president, Ahmet Necdet Sezer, on the

grounds that they conflicted with the constitution. However, it can be assumed

that the ruling Justice and Development Party (AKP) will be able to use its large

majority in parliament to re-pass the bill unchanged, in which case the

president would be constitutionally obliged to promulgate it as law, but could

then appeal to the constitutional court to review the law.” [108] (p17)
See also Section 18.19 on situation of the Alevi community