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.

Pope Francis Visiting Turkey Decries ISIL Violence

Pope Francis is in the midst of a 3-day visit to Turkey.  Yesterday in Ankara he spoke to religious and political leaders in an address to the Presidency of Religious Affairs, the "Diyanet." (Full text of speech). He said in part:

Especially tragic is the situation in the Middle East, above all in Iraq and Syria. Everyone suffers the consequences of these conflicts, and the humanitarian situation is unbearable..... Particular concern arises from the fact that, owing mainly to an extremist and fundamentalist group, entire communities, especially – though not exclusively – Christians and Yazidis, have suffered and continue to suffer barbaric violence simply because of their ethnic and religious identity. They have been forcibly evicted from their homes.... This violence has also brought damage to sacred buildings, monuments, religious symbols and cultural patrimony, as if trying to erase every trace, every memory of the other.

As religious leaders, we are obliged to denounce all violations against human dignity and human rights.... [A]ny violence which seeks religious justification warrants the strongest condemnation because the Omnipotent is the God of life and peace. The world expects those who claim to adore God to be men and women of peace who are capable of living as brothers and sisters, regardless of ethnic, religious, cultural or ideological differences.

European Court Says Turkey Should Offer Alevis Exemption From Compulsory Religion and Ethics Courses

In Mansur Yalçın and Others v. Turkey, (ECHR, Sept. 16, 2014) (full text of opinion in French), the European Court of Human Rights in a Chamber Judgment held that Turkish schools have not made sufficient chagnes in required religion and ethics classes to accommodate Alevis.  As summarized in the Court's English language press release:

The fact that the curriculum of the religion and ethics classes gave greater prominence to Islam as practised and interpreted by the majority of the Turkish population than to other minority interpretations of Islam could not in itself be viewed as a departure from the principles of pluralism and objectivity which would amount to indoctrination. However, bearing in mind the particular features of the Alevi faith as compared with the Sunni understanding of Islam, the applicants could legitimately have considered that the approach adopted in the classes was likely to cause their children to face a conflict of allegiance between the school and their own values.

The Court failed to see how such a conflict could be avoided in the absence of an appropriateexemption procedure. The discrepancies complained of by the applicants between the approach adopted in the curriculum and the particular features of their faith as compared with the Sunni understanding of Islam were so great that they would scarcely be alleviated by the mere inclusion in textbooks of information about Alevi beliefs and practice.

A Chamber Judgment may be appealed to the Grand Chamber of the Court.

Turkey's Constitutional Court Says Female Lawyers Can Wear Headscarves In Courtrooms

On Wednesday, Turkey's Constitutional Court ruled 16-1 that the rights of a Muslim female lawyer had been infringed when she was not permitted to enter a courtroom wearing a headscarf.  According to Daily Sabah, the Council of State, the country's highest administrative court, ruled in 2013 that women lawyers had the right to register at the Bar Association with a photo showing them wearing a headscarf. However some judges were still banning headscarves in their courtrooms. The Constitutional Court said this week that such bans violate Art. 10 (equality before the law) and Art. 24 (freedom of religion and conscience) of Turkey's Constitution.

European Court Says Turkey Mistreated Jehovah's Witness Conscientious Objectors

In Buldu and Others v. Turkey, (ECHR Second Section, June 3, 2014) (full text in French), the European Court of Human Rights held that Turkey violated the European Convention on Human Rights Art. 3 (inhuman and degrading treatment) and Art. 9 (freedom of thought conscience and religion) in its prosecution and conviction of four Jehovah's Witnesses who were conscientious objectors to military service. It also held that Turkey violated Art. 6, Sec. 1 (fair trial) as to one of the petitioners who complained that he had had to appear as a civilian before a court made up exclusively of military personnel. The court (in an appealable Chamber Judgment) awarded substantial amounts in damages to each petitioner. More information on the decision is available in the Court's English language press release, and from Law & Religion UK blog.