State Department Religious Freedom Report on Turkey, 2003

In November 2002, an appeals court overturned a February 2002 ruling by an administrative court to close the Union of Alevi-Bektasi Organizations (ABKB) on the grounds that it violated the Associations Law, which prohibits the establishment of associations “in the name of any religion, race, social class, religion, or sect.” The case was returned to the lower court, which ruled against closure in February. In May an appeals court upheld the lower court’s ruling.

Mystical Sufi religious-social orders (tarikats) have been banned officially since the 1920s. The military ranks tarikats among the most harmful threats to secularism; however, tarikats remain active and widespread. The NSC has called for stricter enforcement of the ban as part of its campaign against the perceived threat of Islamic fundamentalism. Nevertheless, some prominent political and social leaders continue to associate with tarikats and other Islamic communities.

Under the law, religious services may take place only in designated places of worship. Municipal codes mandate that only the State 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 Vakiflar, often take place on diplomatic property or in private apartments. Police occasionally bar Christians from holding services in private apartments.

An August 2001 circular signed by the Ministry of Interior encouraged some provincial governors to use existing laws, such as those regulating meetings, religious building zoning, and education, to regulate gatherings of “Protestants, Baha’is, Jehovah’s Witnesses, Believers in Christ” within their provinces, while “bearing in mind” those provisions of the law that provide for freedom of religion. According to one Protestant group, as well as reports by the media and other observers, local authorities asked more than a dozen churches in Istanbul and elsewhere to close. They subjected others to increased police harassment following the publication of the circular. Several Protestant groups that have engaged in religious activities, including worship, Bible study, and religious education, had charges filed against them for zoning violations. There is no official method for acquiring zoning permits for any new religious building construction. Mosques, churches, and synagogues lack official zoned status, and no group is known to have received zoning permission for the construction of a new place of worship.

Following the Constitutional Court’s June 2001 closure of the Islamist Fazilet (Virtue) party for activities “contrary to the principle of the secular republic,” two successor parties were formed, the Islamist Saadet Party and the AK Party. The AK Party, while conscious of the strength of Muslim tradition in Anatolia, has presented itself as a “conservative democratic” party. AK Party Chairman and Prime Minister Recep Tayyip Erdogan faced immediate legal challenges to his role as founding member of the party as a result of his 1999 conviction for the crime of “inciting religious hatred.” In January 2002, the Constitutional Court ruled that Erdogan was ineligible to run for Parliament due to this conviction and that he could not be a founding member of the party. The court then gave the AK Party an October 2002 deadline to remove Erdogan as party chairman. When the AK Party failed to comply, prosecutors opened a case demanding the party’s closure. The case continued at the end of the period covered in this report; however, under recent legal reforms a conviction would not lead to closure. Erdogan also faces possible legal charges for speeches he made in the early 1990’s that allegedly contained anti-secularist statements and for alleged financial misconduct. Erdogan was elected to Parliament in by-elections held after the term of his political ban expired and subsequently was appointed Prime Minister.

Necmettin Erbakan, an Islamist former Prime Minister, was also banned from the November elections due to a past conviction for illegal speech. Erbakan assumed the Saadet chairmanship in May after his 5-year political ban expired.

In March an Ankara State Security Court postponed a verdict in the trial in absentia of Fetullah Gulen, a controversial Islamic philosopher and leader now residing in the United States. Gulen, actively supported by the State from the mid-1980s until 1997, faced 5 to 10 years imprisonment after being indicted in 2000 under the Anti-Terror Law on charges of “attempting to change the characteristics of the Republic” by trying to establish a theocratic Islamic state. The prosecutor also charged that Gulen had attempted to “infiltrate” the military. Under the postponement ruling, the case against Gulen will be closed formally if he does not commit another felony crime within 5 years.

The authorities continue to monitor the activities of Eastern Orthodox churches but generally do not interfere with their activities. The Government does not recognize the ecumenical authority of the Greek Orthodox Patriarch, acknowledging him only as head of the country’s Greek Orthodox community; however, the Government does not interfere with his travels or other ecumenical activities. The Ecumenical Patriarchate in Istanbul continues to seek to reopen the Halki seminary on the island of Heybeli in the Sea of Marmara. The seminary has been closed since 1971, when the State nationalized all private institutions of higher learning. Under existing restrictions, religious communities largely remain unable to train new clergy in the country for eventual leadership. Coreligionists from outside the country have been permitted to assume leadership positions in some cases, but in general all religious community leaders, including Patriarchs and Chief Rabbis, must be Turkish citizens.

No law explicitly prohibits proselytizing or religious conversions; however, many prosecutors and police regard proselytizing and religious activism with suspicion, especially when such activities are deemed to have political overtones. Police occasionally bar Christians from handing out religious literature and sometimes will arrest proselytizers for disturbing the peace, “insulting Islam,” conducting unauthorized educational courses, or distributing literature that has criminal or separatist elements. Courts usually dismiss such charges. In September 2002, the Erzurum State Security Court charged 12 Baha’is with “openly inciting hatred and enmity” for distributing materials on the Baha’i Faith; the charges later were dropped. If the proselytizers are foreigners, they may be deported, but generally they are able to reenter the country. Police officers may report students who meet with Christian missionaries to their families or to university authorities.

State authorities continued to enforce a long-term ban on the wearing of religious head coverings at universities and by civil servants in public buildings. Women who wear head coverings and persons who actively show support for those who defy the ban have been disciplined or have lost their jobs in the public sector as nurses and teachers. Students who wear head coverings are not permitted to register for classes. Many secular Turkish women accuse Islamists of using the headscarf as a political tool and say they fear that efforts to remove the headscarf ban will lead to pressure against women who choose not to wear a head covering.

In April the President, the chief of the military’s General Staff, opposition party members, and high-ranking bureaucrats threatened to boycott a reception marking the 83rd anniversary of the founding of Parliament, because Parliament Speaker Bulent Arinc’s wife, who wears a Muslim headscarf, was listed on the invitation as co-host. Arinc later announced that his wife would not attend the event in an effort to avoid further tension. The incident marked the first time the event had been boycotted in 83 years. Arinc also drew sharp criticism from the secular elite in November 2002 for bringing his wife with him to the airport to see off President Sezer on a foreign trip. Some members of non-Muslim religious groups claim that they have limited career prospects in government or military service, particularly as military officers, judges, or prosecutors. A 1997 law made 8 years of secular education compulsory. Students may pursue study at Islamic Imam-Hatip high schools upon completion of 8 years in the secular public schools. Imam-Hatip schools are classified as vocational, and therefore graduates face some barriers to university admission, such as an automatic reduction in their entrance exam grades. Only the Diyanet is authorized to provide religious training, usually through the public schools, although some clandestine private religious classes do exist. Students who complete 5 years of primary school may enroll in Diyanet Koran classes on weekends and during summer vacation. Many Koran courses function unofficially. According to Mazlum-Der, police conducted approximately 20 raids of illegal Koran courses in the first 6 months of the year. Only children 12 and older legally may register for official Koran courses, and Mazlum-Der reports that many of the police raids target illegal courses for younger children.

State-sponsored Islamic religious and moral instruction in public 8-year primary schools is compulsory. Upon written verification of their non-Muslim background, religious minorities “recognized” by the Government under the 1923 Lausanne Treaty (Greek Orthodox, Armenian Orthodox, and Jews) are exempted by law from Muslim religious instruction. These students may attend Muslim religious courses with parental consent. Other non-Muslim minorities, such as Catholics, Protestants, and Syriac Christians, are not exempted legally; however, in practice they may obtain exemptions. The courts have ruled that all universities are public institutions and thus have an obligation to protect the country’s basic principles, including “secularism.” Small, peaceful protests against this policy occurred at various times during the period covered by this report, and some journalists and supporters face minor charges relating to their roles in the protests.

Some religious groups have lost property to the State in the past or continue to fight against such losses. An Armenian Orthodox church in Kirikhan, Hatay Province, faced possible expropriation when its community decreased to fewer than 10 persons. The Armenian Patriarchate won a court case allowing it to retain control of the property, but prosecutors appealed. In April an appeals court upheld the original ruling and ordered the property to be turned over to an Armenian Orthodox Church board.

In April 2002, the Baha’i community lost a legal appeal against government expropriation of a sacred site in Edirne. The Ministry of Culture had granted cultural heritage status to the site in 1993, but in January 2000, the Ministry of Education notified the Baha’i community that it had expropriated the property for future use by the adjacent primary school. At the end of the period covered by this report, members of the Baha’i community were awaiting the results of their final appeal to the Council of State.

Jehovah’s Witnesses reported increasing official harassment over meeting for worship due to the fact that they are not members of an officially recognized religion. Members also have reported some difficulties in claiming conscientious objector status and exemption from required military service. Jehovah’s Witnesses who are conscripted into the military refuse to take the military oath or carry weapons and have faced arrest and detention as a result; generally the detention lasts for about a month after which the individual is released pending trial. There were reports of three such cases during the period covered by this report.

Restoration or construction may be carried out in buildings and monuments considered “ancient” only with authorization of the regional board on the protection of cultural and national wealth. Bureaucratic procedures and considerations relating to historic preservation in the past have impeded repairs to religious facilities, especially in the case of Syrian Orthodox and Armenian Orthodox properties. However, according to religious leaders, the Government has become more supportive of these communities’ requests. Groups are prohibited from using funds from their properties in one part of the country to support their existing population in another part of the country.

Although religious affiliation is listed on national identity cards, there is no official discrimination based upon religious persuasion. Some religious groups, such as the Baha’i Faith, allege that they are not permitted to state their religion on their cards because no category exists; they have made their concerns known to the Government. Conversion to another religion entails amending one’s identification card; there are reports that those who convert from Islam to another religion have been subject to harassment by local officials when they seek amendment of their cards.

Abuses of Religious Freedom

U.S. citizen and Sufi Muslim preacher Aydogan Fuat was released following his May 2002 acquittal on charges of wearing banned religious clothing. Prosecutors appealed Fuat’s acquittal, but the appeals court did not take up the case. Fuat was also acquitted on separate charges of causing religious enmity through speech.

Christian groups have encountered difficulty in organizing (especially in university settings) in Gaziantep, Eskisehir, and other cities in which they have not sought recognition as a foundation; the authorities briefly detained some Turkish and foreign Christians in these areas.

In June an Istanbul court acquitted 13 Ahmadi Muslims, members of a small religious community, who had been arrested in April 2002 and charged under Article 7 of the Anti-Terror Law for involvement with an organization “with terrorist aims.” Three of the defendants remained in detention until their August 2002 hearing; the other defendants had been released on bail shortly after their arrest in April. The case was under appeal at the end of the period covered in this report.

In March an Istanbul court acquitted seven Christians charged with holding illegal church and Bible study meetings in an apartment.

In February a Protestant pastor in Diyarbakir who had been charged with “damaging a historical church” was acquitted. The pastor’s own church remains closed due to zoning restrictions that prohibit the use of the property as a place of worship.

There were no other reports of religious detainees or prisoners.

Forced Religious Conversion

There were no reports of forced religious conversion, including of minor U.S. citizens who had been abducted or illegally removed from the United States.

Improvements and Positive Developments in Respect for Religious Freedom

In June Parliament approved an amendment to the Act on Construction replacing the word “mosques” with “houses of worship,” removing a legal obstacle to the building of non-Muslim religious facilities.

In October 2002, the Government implemented a reform measure allowing, in principle, non-Muslim foundations to acquire property for the first time since 1936. A number of foundations criticized the application process as lengthy and burdensome, and by the end of the period covered by this report the Vakiflar had rejected many such applications.

In May 2002, the Diyanet adopted a series of decisions after holding a 4-day conference on religious issues with attendees from the Diyanet’s Supreme Council on Religious Issues and experts from theology schools. The Diyanet formally decided to: allow women to participate in the congregation for daily prayers on Fridays, during religious holidays, and funeral prayers; allow original Arabic prayers to be recited in native tongues; rule that men may not use the Koran as a premise for domestic violence; underline the fact that civil marriages (rather than religious marriages) are required by law; and state that social and legal advances for women are not against the spirit of the Koran. Some women immediately began to participate in congregations with men.

In the fall of 2001, the Diyanet issued an immediate statement condemning terrorism as a crime against humanity. The Diyanet also issued a statement, read during Friday prayers at all mosques, stressing that there is no Islamic justification for any form of terrorism. This message was reinforced during the Ramazan period at state-sponsored Iftar dinners attended by members of non-Muslim religious groups and repeated in a statement at the Diyanet-sponsored “Fifth Eurasia Islamic Council.”

Section III. Societal Attitudes

Government policy and the generally tolerant relationship among religions in society contributes to religious freedom; however, some Muslims, Christians, and Baha’is face societal suspicion and mistrust. Jews and most Christian denominations freely practice their religions and report little discrimination in daily life. However, there were regular reports that citizens who convert from Islam often experience some form of social harassment or pressure from family and neighbors. Proselytizing on behalf of non-Muslim religions is socially unacceptable. A variety of newspapers and television shows have published anti-Christian messages, including the leftist-nationalist newspaper “Aydinlik,” which in May 2002 published a purported list of 40 churches in the city of Izmir that were “bribing” converts. Occasional violence against minority religious communities continued. In September 2002, two pipe bombs exploded, causing minimal damage at the Birth of St. Mary Armenian Church in Bakrkoy; the attack did not result in any casualties.

Many non-Muslim religious group members, along with many in the secular political majority of Muslims, fear the possibility of Islamic extremism and the involvement of even moderate Islam in politics. Several Islamist newspapers regularly publish anti-Semitic material.

Iftar dinners, evening events tied to the daily breaking of the Ramadan fast, often involve invitations to non-Muslim religious and secular leaders. Iftars hosted by diplomats, as well as business and religious leaders, typically include invitations to non-Muslims as a sign of openness and hospitality.

Section IV. U.S. Government Policy

The U.S. Government discusses religious freedom issues with the Government in the context of its overall dialog and policy of promoting human rights. The Ambassador and other Mission officials, including staff of the U.S. Consulate General in Istanbul and the U.S. Consulate in Adana, enjoy close relations with Muslim majority and other religious groups. The U.S. Embassy continues to urge the Government to re-open the Halki seminary on Heybeli Island. In October 2002, the Archons of the Order of St. Andrew, an American group that actively supports the Ecumenical Patriarchate, made its first trip to Ankara and, with the support of the Embassy, met with the Diyanet and other senior officials to urge the reopening of Halki. The Ambassador and other Embassy officers also remain in close contact with local NGOs that monitor freedom of religion.