Blog author: jcouretas
by on Friday, February 15, 2008
Bartholomew I

My commentary this week looked at “Encountering the Mystery,” the new book from Ecumenical Patriarch Bartholomew I of the Orthodox Church.

In 1971, the Turkish government shut down Halki, the partriarchal seminary on Heybeliada Island in the Sea of Marmara. And it has progressively confiscated Orthodox Church properties, including the expropriation of the Bûyûkada Orphanage for Boys on the Prince’s Islands (and properties belonging to an Armenian Orthodox hospital foundation). These expropriations happen as religious minorities report problems associated with opening, maintaining, and operating houses of worship. Many services are held in secret. Indeed, Turkey is a place where proselytizing for Christian and even Muslim minority sects can still get a person hauled into court on charges of “publicly insulting Turkishness.” This law has also been used against journalists and writers, including novelist Orhan Pamuk for mentioning the Armenian genocide and Turkey’s treatment of the Kurds.

In a 2005 report on the Halki Seminary controversy, the Turkish think tank TESEV examined what it called the “the illogical legal grounds” behind the closing and how it violates the terms of the 1923 peace treaty of Lausanne signed by Turkey and Europe’s great powers. TESEV concluded that “the contemporary level of civil society and global democratic principles established by the state, are in further contradiction with the goal to become an EU member.” And, because of its inability to train Turkish candidates for the priesthood, TESEV warned: “It is highly probable that the Patriarchate will not be able to find Patriarch candidates within 30-40 years and thus, will naturally fade away.”

The Turkish Daily Hürriyet is reporting today on a proposed government revision of the “insulting Turkishness” law.

The European Union has been calling Turkey to amend the article 301, which has been the basis for charges against past cases against Turkish intellectuals such as Hrant Dink, Elif Safak, and Orhan Pamuk.

[Justice Minister Mehmet Ali] Sahin, also said the deputy parliament leaders of AKP will decide when to send the proposal of the amendment to the parliament.

According to Sahin’s statement, the article’s new status would be as follows:

Article 301: The insulting of the Turkish people, the Turkish Republic, as well as the institutions and organs of the state

1-A person insulting the Turkish people, the Turkish Republic, the State, the Turkish Parliament, the government of the Turkish Republic, the justice organs of the state, as well as the military or policing organizations of the state, will receive anywhere between 6 months to 2 years prison sentence.

2-Statements explaining thoughts which are expressed with the purpose of criticism are not to constitute a crime.

3-Any prosecution based on article 301 is to be tied to specific permission from the office of the President of the Turkish Republic.

Read “A Patriarch in Dire Straits” here.