European Court Says Turkey Violated Rights of Alevi Community

In  İzzettin Doğan and Others v. Turkey, (ECHR, April 26. 2016), the European Court of Human Rights in a Grand Chamber judgment held that Turkey violated Article 9 (freedom of religion) and Article 14 (prohibition on discrimination) of the European Convention on Human Rights when it refused to recognize and grant support to the Alevis (the country's second largest faith group) as a separate religious community. As described in the court's press release on its decision, the lawsuit by 203 Turkish nationals asked that

the Alevi community be provided with religious services in the form of a public service; that Alevi religious leaders be recognised as such and recruited as civil servants; that the cemevis (the places where Alevis practise their religious ceremony, the cem) be granted the status of places of worship; and that State subsidies be made available to their community. Their requests were refused on the grounds that the Alevi faith is regarded by the authorities as a religious movement within Islam, more akin to the “Sufi orders”.

The court found the Art. 9 violation by a vote of 12-5 and the Art. 14 violation by a vote of 15-1. According to AFP, there have been improvements in the Alevis position since the suit was first filed in 2010, with a Turkish court in August ruling that the government should cover all the expenses of Alevi places of worship. Daily Sabah says that last year Prime Minister Ahmet Davutoğlu said that Cemevis will be granted legal status. (See prior related posting.)

European Court Holds Hearing On Alevis' Complaint Against Turkey

The Grand Chamber of the European Court of Human Rights yesterday held a hearing in Doğan and Others v. Turkey. (Webcast of full hearing with English simultaneous translation.) The case, brought by members of Turkey's Alevi community, involves claims of unequal treatment. Daily Sabah, reporting on the hearing, provides more background:

Applicants to the court requested the state provide the same status to cemevis as mosques and offer free public services. Several Alevi citizens had filed a lawsuit against the Prime Ministry in 2005 after their request for cemevis to be granted a new status was rejected. They then took their case to the European Court of Human Rights in 2010. They claim Turkish authorities violated the European Convention on Human Rights concerning freedom of religion and thought and its ban on discrimination. An Alevi foundation had asked the government to implement regulations that would enable the bills of cemevis to be paid through a fund administered by the Presidency of Religious Affairs (DİB) that oversees the operation of mosques. Turkish courts had dismissed the foundation's application, basing their decision on the directorate's opinion that cemevis are not places of worship, but rather places of assembly in which spiritual ceremonies are held.

European Court Says Turkey Discriminated Against Alevi Houses of Worship

In Cumhuriyetçi Eğitim Ve Kültür Merkezi Vakfi v. Turkey, (ECHR, Dec, 2, 2014) (full text in French), the European Court of Human Rights in a Chamber Judgment held that Turkey had violated the European Convention on Human Rights (Art. 9 and 14) in its discriminatory treatment of Alevi houses of worship (cemevis),  As summarized by the Court's English language press release:

Turkish law reserved the exemption from payment of electricity bills to recognised places of worship and that, by excluding cemevis from the benefit of that status, it introduced a difference in treatment on the ground of religion.

Turkey's Daily News calls the decision a landmark ruling and says:

The Dec. 2 ruling comes after the Turkish government recently announced a fresh set of reforms aimed at answering the demands of Alevis. These reforms were greeted with considerable skepticism among Alevis, as they once again failed to recognize cemevis as official places of worship.

Chamber judgments are appealable to the Grand Chamber of the Court.