ABSTRACT
Through this
report, the reader will find out the violations of momentous treaties
against the Greek minorities that remain at Turkey after first WW.
The reader could notice that by 12 years periods we have serious violations
against humanity. This report try to uncover the veil of secrecy that
covered the first genocide that happen at European land after WWII and
never came up to public opinion.
For better understanding reader can examine:
Treaty "de Paix" of Lausanne that's signed on 24/Jul./1923.
http://alex.eled.duth.gr
Convention for the Protection of Human Rights and Fundamental Freedoms
that's signed at Rome on 4/Nov./1950 and entered into force on
3/Sep./1953.
Universal Declaration of Human Right that adopted and proclaimed by
United Nations General Assembly resolution 217 A(III) on 10/Dec./1948.
http://www.un.org/Overview/rights.html
Convention on the Prevention and Punishment of the Crime of Genocide
that adopted by United Nations General Assembly Resolution 260 A (III)
on 9/Dec./1948.
Report from Preparatory Commission for the International Crime Court
(PCNICC/1991/L.5/).
CONTENTS
Prepared by Vassilios
S. Kyratzopoulos |
No
|
Violations 1923 - 1929 |
1-14
|
Violations 1930 - 1939 |
15-23
|
Violations 1940 - 1949 |
24-27
|
Violations 1950- 1959 |
28-32
|
Violations 1960 - 1969 |
33-46
|
Violations 1970 - 1979 |
47-50
|
Violations 1980 - 1989 |
51-54
|
Violations
1990 - 1999 |
55-68
|
CONCLUSION
& PROPOSALS |
1-10
|
APPENDIX A
THE ISTANBUL POGROM OF
6-7 SEPTEMBER 1955
IN THE LIGHT OF INTERNATIONAL LAW
By Professor Dr. Alfred de Zayas
|
-
|
APPENDIX B
STATISTIC TABLES |
1-6
|
Bibliography |
-
|
1923-1929
1)
|
In
October 1923 Turks restrict the civil and political rights of
Greeks living there. Banks, civil services of all kinds and categories
as well as big multinational companies and enterprises were forced
to dismiss all Greeks from their employ. |
(Violation
of Article 39 of the Treaty of Lausanne). |
2)
|
In the
same period, the political affiliations of the Greek teachers in
Constantinople became the object of the investigation conducted
by Salih Zeki, General Director of the Turkish Ministry of Education.
On this occasion of 104 teachers of Greek descent and 52 Greek teachers
were dismissed, characterized as 'unfit' to teach in minority schools. |
(Violation
of Articles 40 and 41 of the Treaty of Lausanne -
The League of Nations has guaranteed the implementation of said
Articles,
as set forth in Article 44 of the Treaty of Lausanne). |
3)
|
In
1923 Turkey, aiming to restrict the Greek presence in Constantinople,
arbitrarily characterized 40,000 Greeks, as personae non gratae
who had found temporary refuge for reasons of safety outside Turkey,
prior to the signing of the Treaty of Lausanne, removed their
Turkish citizenship and proceeded to the mass confiscation of their
properties. The occasion, as declared by Ankara, was that these
people, have left the country with travel documents that were not
accepted by the authorities of the Turkish Republic (i.e. have used
passport issued by the Ottoman authorities and not by the Turkish
Republic). In reality, when these people left in September and October
1922, the only authority in Constantinople issuing passport was
the Ottoman one. |
(Violation
of Article 2 of the Treaty on the exchange of populations,
which was incorporated in the Treaty of Lausanne). |
4)
|
Between
1923 and 1929 Turkey, aiming to restrict the Greek presence
in Constantinople, required that all Greeks settled in Turkey before
1918, and thus not exchangeable under the terms of the Treaty
on the exchange of populations. The Greek view was justified, on
21/Feb./1925, by the International Court of Justice. Nevertheless,
Turkey continued their policy. |
(Violation
of Article 2 of the Treaty on the exchange of populations,
which was incorporated in the Treaty of Lausanne). |
5)
|
Turkey,
in the framework of its strategic undermining and degradation of
the Ecumenical seat of the Orthodox faith, gave its full support
in September 1923 to the establishment of the so-called 'Turkish
Orthodox Church', which was founded by father Efthym Karahisarides
Erenerol, a priest from Keskin, Anatolia, who was the blind instrument
of Mustafa Kemal Ataturk. In October 1923, father Efthym,
by now renamed himself Pope Efthym, attempted to occupy the Patriarchal
Compound, causing grave incidents, while the Turkish authorities
did not lift an eyelid. |
(Violation
of Articles 38, 40 and 42 of the Treaty of Lausanne
-
The League of Nations has guaranteed the implementation of said
Articles,
as set forth in Article 44 of the Treaty of Lausanne). |
6)
|
By
virtue of Decree No 1092/06.12.1923, Turkey downgraded the
Ecumenical Patriarchate of Constantinople to a local NGO with no
legal personality and determined that the Patriarch would be elected
by clergymen who were Turkish nationals and were already serving
in Turkey. The fact that Turkey was unable to unilaterally evict
the Ecumenical Patriarchate from Constantinople, which is what it
would have done for any institution governed by the domestic Turkish
law, and was forced by the parties signing the Treaty of Lausanne
to accept that the Ecumenical Patriarchate would remain in Constantinople,
indicates the extent arbitrariness of the Turkish Republic. |
(Violation
of Articles 40, 42 and 43 of the Treaty of Lausanne
-
The League of Nations has guaranteed the implementation of said
Articles,
as set forth in Article 44 of the Treaty of Lausanne). |
7)
|
Immediately
after the installation of the Turkish authorities in Imvros and
Tenedos, on 4/Oct./1923, where more than 90% of population
was Greek, the Republic of Turkey completely ignored the special
local administration and the autonomy which the two islands, which
were offered to Turkey as a gift with the initiative of Great Britain
in the framework of the Treaty of Lausanne, should have enjoyed.
Government of Ankara appointed right away a Turkish commander and
Turkish officers to the courts, customs houses, police and port
authorities, dismissing all the elected local officials. They cut
off the Christian leadership characterizing as personae non gratae
1,500 people from Imvros and 64 from Tenedos, who had found temporary
refuge in safer places. Their real property was seized. |
(Violation
of Article 14 of the Treaty of Lausanne and Protocol XV
Article 5 on amnesty, violation of Articles 38 and 39
of the Treaty of Lausanne -
The League of Nations has guaranteed the implementation of said
Articles,
as set forth in Article 44 of the Treaty of Lausanne). |
8)
|
On
12/Feb./1924 father Efthym burst into the historic church of Panaghia
Kafatiani in Galatas (Karaköy) and the church of Sotiras Christos
and took possession of them, with the undisguised support of the
Turkish authorities. On 19/Feb./1924 the Patriarchal Holy
Synod stripped father Efthym of his clerical attire, while he had
already been excommunicated as an apostate and shameless traitor
of the orthodox faith. The Turkish courts rushed with unprecedented
eagerness to fine the Ecumenical Patriarch in April 1924 for the
mental anguish suffered by father Efthym as a result of his excommunication,
while the Turkish State officially conceded to him the churches
he had occupied with the violent 'backing' of the Turkish mob! |
(Violation
of Articles 37, 39, 40, 41 and 42 of the Treaty of Lausanne
-
The League of Nations has guaranteed the implementation of said
Articles,
as set forth in Article 44 of the Treaty of Lausanne). |
9)
|
On
30/Jan./1925, upon the conclusion of the mass for the celebration
of the holiday of the three Hierarchs, the Turkish police invaded
the premises of the Patriarchate, arrested Ecumenical Patriarch
Constantinos VI and after giving him an exchange passport led him
to the railway station of Sirkeci and deported him from Turkey. |
(Violation
of Articles 37, 38, 40, 42 of the Treaty of Lausanne
-
The League of Nations has guaranteed the implementation of said
Articles,
as set forth in Article 44 of the Treaty of Lausanne). |
10)
|
In
the same year, the Turkish Government decided to shut down the historic
Greek Literary Club and the contents of its invaluable library were
scattered among the state libraries in Ankara and Suleymaniye and
the various Turkish language and Turkish history societies. The
books are still there. |
(Violation
of Articles 37, 38, 39, 40, 41 and 42 of the Treaty of
Lausanne -
The League of Nations has guaranteed the implementation of said
Articles,
as set forth in Article 44 of the Treaty of Lausanne). |
11)
|
The
Turkish Government, in order to prevent Greek teachers from teaching
in Turkey, required them to pass examinations in the Turkish language
for the approval of a new teaching license. Most courses in the
Greek schools had to be taught in the Turkish language. Ethnic Greeks
in Constantinople were forced to bear the burden of the double salaries
paid to the Turkish teachers teaching in Greek schools, while at
the same time they were asked to pay a special education tax, invented
for the purpose of draining them. The Zappeion School for Girls
had to shut down because there were statues inspired from the Greek
mythology in its premises. The Patriarchal Commercial School, the
Greek Commercial School in Halki and the Apostolides private school
for languages had to shut down and their property has been confiscated
by the State. |
(Violation
of Articles 37, 38, 39, 40, 41 and 42 of the Treaty of
Lausanne -
The League of Nations has guaranteed the implementation of said
Articles,
as set forth in Article 44 of the Treaty of Lausanne). |
12)
|
On
14/Jun./1926 the Turkish Government, in the framework of
its strategy of undermining and lowering the status of the Ecumenical
Patriatchate, initiated criminal proceedings against the Ecumenical
Patriarch and all the Holy Synod, on the grounds that they had convened
a meeting at the Halki Seminary and not in Phanare (Fener), the
administrative seat of the Ecumenical Patriarchate.
In the same period, the Turkish Government did not allow the organization
of a Panorthodox Convention by the Ecumenical Patriarchate. |
(Violation
of Articles 38 and 40 of the Treaty of Lausanne) |
13)
|
The
introduction of the Civil Code in Turkey, in October 1926,
established for minority institutions an inability to acquire new
real estate, either by property transaction or by donation or inheritance,
while the Patriarchate's capacity as a legal entity was not officially
recognized, thus causing huge impediments to the management and
representation of the huge Patriarchal estate. |
(Violation
of Articles 37, 38, 39 and 40 of the Treaty of Lausanne
-
The League of Nations has guaranteed the implementation of said
Articles,
as set forth in Article 44 of the Treaty of Lausanne). |
14)
|
Law
1151, passed by the Turkish National Assembly on 25/Jun./1927,
substantially and officially abolished the self administration status
of the islands Imvros and Tenedos, shut down on various pretexts
the Greek School, prohibited the instruction of the Greek language
and placed Christians under persecution, to their final extinction. |
(Violation
of Articles 14, 27, 38 and 40 of the Treaty of Lausanne
-
The League of Nations has guaranteed the implementation of said
Articles,
as set forth in Article 44 of the Treaty of Lausanne).
|
1930-1939
15)
|
During the year 1930
the Turkish authorities openly intervened in the elections of the
administration boards of the minority hospital in Valoukli and the
community of Pera (Beyoglou), aiming at the big properties of the
minority members. |
(Violation
of Article 40 of the Treaty of Lausanne). |
16)
|
Law 2007, passed
by the Turkish National Assembly on 11/Jun./1932, banned
Greek nationals exempted from the exchange of populations and legally
residing in Constantinople from the exercise of thirty professions.
These professions covered a wide spectrum, indicative of the intentions
to indirectly force Greeks to emigrate voluntarily: The professions
of itinerant salesman, barber, musician, photographer, carpenter,
tailor and waiter were among the first to be prohibited for Greeks
by the Turkish authorities. The banning of other professions as
well followed later, compelling Greeks to make a painful choice:
either remain unemployed, work illegally or emigrate from their
land. |
(Violation
of Article 2, Convention IV, part (a) and Articles 37
and 40
of the Treaty of Lausanne). |
17)
|
Law
2596, passed by the Turkish National Assembly on 3/Dec./1934,
prohibited all Christian clergymen to don cassocks outside the church.
The only exception allowed by the Law manifests the Turkish intention
to bring the Ecumenical Patriarch down to the level of the "puppet-priest"
(father) Efthym Karahisarides Erenerol, since it set forth that
only the Patriarch and father Efthym, under his capacity as self-declared
head and leader of the Turkish Orthodox Church, were allowed to
wear cassocks outside the church. |
(Violation
of Articles 37, 38, 40 and 43 of the Treaty of Lausanne
-
The League of Nations has guaranteed the implementation of said
Articles,
as set forth in Article 44 of the Treaty of Lausanne). |
18)
|
In
the same year, Law 2525, under which all Turkish nationals
were obligated take on a surname, forced Greeks to Turkify their
last names, because those last names with Greek roots were not accepted
by the Turkish authorities. At the same time, a racist campaign
was launched under the slogan 'Citizens speak Turkish', with the
result that anyone daring to speak his mother tongue in the streets
was abused and fined. |
(Violation
of Articles 37, 38 and 39 of the Treaty of Lausanne -
The League of Nations has guaranteed the implementation of said
Articles,
as set forth in Article 44 of the Treaty of Lausanne). |
19)
|
Law
2762 on Vakuf, (property dedicated to charitable institutions),
passed by the Turkish National Assembly on 5/Jun./1935, placed
minority communities under the control and supervision of the General
Directorate of Charitable Foundations (Vakıflar Genel Müdürlüğü)
and required them to submit statements as to their income and their
properties. The management of minority institutions and schools
was assigned to a commissioner, appointed by the Turkish authorities. |
(Violation
of Articles 40 and 42 of the Treaty of Lausanne -
The League of Nations has guaranteed the implementation of said
Articles,
as set forth in Article 44 of the Treaty of Lausanne). |
20)
|
On 26/July/1934,
a new decree in implementation of the Law 2007/1932, banned
the Christian population who held the Greek nationality from the
exercise of more professions, which resulted to the mass exodus
of no less than 10,000 Christians with Greek nationality from Turkey. |
(Violation
of Article 2, Convention IV, part (a), and Articles 37
and 40
of the Treaty of Lausanne). |
21)
|
In the
two years 1936-1937, Greek minority schools became the Turkish
Government's target. All the courses had to be taught in Turkish,
with the exception of the course of Modern Greek Language. The military
education course was added, taught by an officer of the Turkish
army. A Turkish deputy-principal was appointed to each minority
school, answerable to the Turkish Ministry of Education, who gradually
became the sole and dominant power in minority schools. |
(Violation
of Articles 39, 40 and 41 of the Treaty of Lausanne
-
The League of Nations has guaranteed the implementation of said
Articles,
as set forth in Article 44 of the Treaty of Lausanne). |
22)
|
During
the same period, pursuant to Law 2762/1925, the Turkish authorities
appointed the infamous lawyer Istamat Zihni Özdamar, who was
father Efthym's right arm, as commissioner to the Valoukli Charitable
Foundation, causing an uproar in the Greek minority. |
(Violation
of Article 40 of the Treaty of Lausanne - The League
of Nations has guaranteed the implementation of said Articles, as
set forth in Article 44 of the Treaty of Lausanne). |
23)
|
In
1939 all minority sports clubs were required to merge with Turkish
sports clubs, so that they progressively shrank and lost their Greek
identity. |
(Violation
of Articles 40 and 42 of the Treaty of Lausanne -
The League of Nations has guaranteed the implementation of said
Articles,
as set forth in Article 44 of the Treaty of Lausanne). |
1940-1949
24)
|
During
WWII Republic of Turkey, found a wonderful opportunity, from the
safety of its neutrality, to strike heavy blows on the ethnic Greeks
of Turkey, taking advantage of the weakness of Greece, which was
struggling for the ideals of freedom and justice, at the side of
the Allied forces. Thus in May 1941 the Turkish Government
mobilized the prefectures in Eastern Thrace, starting from the prefecture
of Constantinople. The enlistment offices were ordered, by way of
a ciphered footnote under the mobilization decision, to summon selectively
the reservists from the Greek, Armenian and Jewish minorities. This
way, all Christians aged 20 to 45 were dragged to the army and were
scattered in the depths of Asia Minor to construct roads and military
buildings under the most adverse circumstances. |
(Violation
of Articles 37, 38 and 39 of the Treaty of Lausanne -
The League of Nations has guaranteed the implementation of said
Articles,
as set forth in Article 44 of the Treaty of Lausanne). |
25)
|
On
21/Sep./1941 'unknown' arsonists threw on the wooden roof
of the Ecumenical Patriarchate rags which they had immersed in gasoline
and put on fire. The Patriarchal Building burnt to ashes, taking
with it records, paintings of Patriarchs and valuable relics of
the Greek population. |
(Violation
of Articles 38 and 42 of the Treaty of Lausanne -
The League of Nations has guaranteed the implementation of said
Articles,
as set forth in Article 44 of the Treaty of Lausanne). |
26)
|
On
11/Nov./1942, the Turkish Government with its Law 4305,
using religion and ethnicity as criteria imposed an enormous emergency
property tax, which aimed at the financial extinction of Christians
in Turkey. The Law, which came to be known as Varlık
Vergisi, (Asset Tax) required the payment within 15 days of an arbitrarily
imposed taxed by the tax inspector, and without the right to appeal.
Four weeks after the imposition of the tax, failure to pay resulted
to the confiscation of the taxpayer's property, his arrest and displacement
to forced labor-camps in Aşkale, at extremely bad weather conditions.
In total, 1,869 illustrious members of the minority population saw
their properties suddenly confiscated and themselves exiled to the
Aşkale, where they built roads in order to settle their debt
to the Turkish State. Their daily wages were 2 Turkish Liras, out
of which one was deducted for the rudimentary meals they were given
and the other one deducted with regard to their debt to the Turkish
State. Most of them, in order to settle the debt arbitrarily imposed
on them, would have to work from 200 to 300 years!
At the end of 1943 (When WWII considered) the victims were emancipated,
but 21 Greeks died out in Aşkale. |
(Violation
of Articles 37, 38 and 39 of the Treaty of Lausanne
-
The League of Nations has guaranteed the implementation of said
Articles,
as set forth in Article 44 of the Treaty of Lausanne). |
27)
|
In
January 1943 the Turkish Government confiscated the properties
of the Holy Orthodox Monasteries of Mount Athos Megisti Lavra and
Koutloumousi on the island Imvros and started to relocate settlers
from Asia Minor to the island. The Mayor and three Community chairpersons
that dared to protest were banished in Asia Minor. The same destiny
awaited two of the most important members of the Holy Synod: Metropolite
Maximos of Chalcedon, who later became Ecumenical Patriarch, and
Metropolite Dorotheos of Prussa. |
(Violation
of Articles 14, 37, 38 and 39 of the Treaty of Lausanne
-
The League of Nations has guaranteed the implementation of said
Articles,
as set forth in Article 44 of the Treaty of Lausanne). |
1950-1959
On 10 December 1948,
the General Assembly of the United Nations adopted and proclaimed the
Universal Declaration of Human Rights. On 31 July 1950, Republic
of Turkey was signed the Convention on the Prevention and Punishment
of the Crime of Genocide without any declarations and reservations.
On 4 November 1950, Republic of Turkey was signed the
European Convention for the protection of Human Rights and Fundamental
Freedoms like being member of the Council of Europe. Conventions entered
in force at Turkey on 3 September 1953.
28)
|
On 6/Sep./1955
the Turkish Government, in a cold-blooded and preplanned manner,
launched an organized riots against Christians in Constantinople
(or stage of Extermination of Genocide as analyzed by Gregory
H. Stanton). Within the space of six hours:
* 72 holy places from 95,
* 36 Greek schools from 48,
* 3 Greek newspapers form 3,
* 4228 shops, companies, factories belonging to Greeks,
* 2640 houses belonging to Christians were destroyed, looted
or set on fire.
The tombs of the Patriarchs were destroyed and the Greek cemetery
in Şişli was the target of a frenzied attack by the
organized mob. The criminals were possessed with a cannibal-like
mania and they ruined tombs, opened the more recent ones, and
unburied corpses, which they knifed and tore to pieces. During
this night of terror for the Greeks of Constantinople, 37 deaths,
30 of injuries and 300 rapes took place, while icons and religious
paintings of priceless historic and archeological value were destroyed
or stolen.
The damages caused by this unheard of "riots" against
the 150,000 Greeks of Constantinople was estimated by the Turkish
government itself to be at ONE BILLION U.S. DOLLARS (1950's valuation).
No one of criminals was arrested. The denial of the state involvement
in the event took a place till to 2005.
(See appendix A)
|
(Violation
of Articles 38, 39, 40 and 43 of the Treaty of Lausanne
-
The League of Nations has guaranteed the implementation of said
Articles,
as set forth in Article 44 of the Treaty of Lausanne).
(Violation of Articles 2, 3 of the Convention on the Prevention
and Punishment
of the Crimes of Genocide).
(Violation of Articles 2, 3, 5, 8, 9, 13, 14, 16 of European
Convention on Human Rights). |
29)
|
On
16/Sep./1955 the Turkish authorities interdicted the publication
of the minority newspaper 'Eleftheri Phoni' and arrested
its publisher Andreas Lambikis, whom they imprisoned without
a warrant or official charges for a period of three months in the
military jail of Harbiye. |
(Violation
of Articles 37 and 39 of the Treaty of Lausanne -
The League of Nations has guaranteed the implementation of said
Articles,
as set forth in Article 44 of the Treaty of Lausanne).
(Violation of Article 10 of European Convention on Human
Rights). |
30)
|
In
November 1956, the Turkish authorities arrested twelve members
of the Greek Association of Constantinople, which they dissolved
by court decision in April 1958, allegedly for espionage
for Greece and for financing the struggle of the organization EOKA
in Cyprus. |
(Violation
of Articles 38, 39, 40 and 42 of the Treaty of Lausanne
-
The League of Nations has guaranteed the implementation of said
Articles,
as set forth in Article 44 of the Treaty of Lausanne - Violation
of Convention IV of the Treaty).
(Violation of Articles 3, 5 and 7 of European Convention
on Human Rights) |
31)
|
From
early 1957 to 1959 the Turkish authorities deported 57 personalities
of the Greek Orthodox minority in Constantinople, including reporter
Dimitrios Kaloumenos, who had captured with his camera the
vandalism's of 6/Sep./1955. |
(Violation
of Articles 37, 38 and 39 of the Treaty of Lausanne
-
The League of Nations has guaranteed the implementation of said
Articles,
as set forth in Article 44 of the Treaty of Lausanne).
(Violation of Articles 3, 5 and 10 of European Convention
on Human Rights) |
32)
|
During
the same period, the Turkish authorities with a campaign levered
mainly by students-members of Anti-Greek organizations and societies
used psychological pressure on consumers, forcing them not to buy
products from shops owned by Greeks. To that end, they distributed
propagandist leaflets in front of the Christian shops, with the
slogan 'Bu dükkan gavurların malıdır. Yanındakine
girin, çünkü Türkün'dür (This
shop belongs to an infidel. Prefer the shop next door, it belongs
to a Turk). This campaign, combined with the other one asking people
to speak only Turkish - the relevant slogan 'Vatandaş Türkçe
konuş' was everywhere - maintained the unbearable feeling of
terror, which surrounded the Christians of Constantinople. |
(Violation of Articles
38 and 39 of the Treaty of Lausanne -
The League of Nations has guaranteed the implementation of said
Articles,
as set forth in Article 44 of the Treaty of Lausanne).
(Violation of Articles 5,8, 9 and 14 of European Convention
on Human Rights) |
1960-1969
33)
|
The Turkish
authorities announced new restriction measures about the exercise
of various professions by Greeks in Constantinople in 1960,
in implementation of Law 2007/1932. |
(Violation
of Article 2, Convention IV, part (a) and Articles 37
and 40
of the Treaty of Lausanne).
(Violation of Articles 3, 5, 8, 9 14 and 16 of European
Convention on Human Rights). |
34)
|
That
same year, the Turkish authorities abolished the three central Greek
Orthodox boards of Stavrodromion (Pera, Beyoğlu), Halkidona
(Kadıköy) and Galatas (Karaköy), which coordinated
the ethnic Greek institutions. That way, the real estate belonging
to the institutions was led. However, thought to terrorized the
Greek Ortxodox, at the Turkish State. |
(Violation
of Article 40 of the Treaty of Lausanne).
(Violation of Articles 6, 7, 8, 9, and 14 of European
Convention on Human Rights) |
35)
|
Law
222 of 1961 arbitrarily brought minority schools under the jurisdiction
of the Turkish Ministry of Education, for the purpose of circumventing
the obligations undertaken by Turkey under the Treaty of Lausanne. |
(Violation
of Articles 37, 39, 40 and 41 of the Treaty of Lausanne
-
The League of Nations has guaranteed the implementation of said
Articles,
as set forth in Article 44 of the Treaty of Lausanne).
(Violation of Articles 7, 8, 10 14 and 16 of European
Convention on Human Rights) |
36)
|
In
1962 an application for the reconstruction of the Patriarchal
Palace, after the damages it had suffered from the fire of 1941,
was rejected. Similar applications for the maintenance of other
buildings belonging to the minority, such as the Pringipos Orphanage
(Büyük Ada), the Metropolis at Derkon and the Tatavla
(Kurtuluş) School were also rejected. In the same year the
plot of the church of Agios Georgios (Saint George) in Therapia
(Tarabya) was arbitrarily occupied for the purposes of developing
a big tourist complex, without any attention paid to the protests
of the Christians. |
(Violation
of Articles 38, 39, 40 and 42 of the Treaty of Lausanne
-
The League of Nations has guaranteed the implementation of said
Articles,
as set forth in Article 44 of the Treaty of Lausanne).
(Violation of Articles 3, 5, 6, 8, 9 and 14 of European
Convention on Human Rights) |
37)
|
In
1963 the church of Sotiras Christos, which in 1924 had
been forcefully occupied by father Efthym, was torn down by the
Turkish authorities. This church, 12 years after it had been occupied
by coup by the father Efthym, had been returned to the Christians
after a long struggle in the courts. In 1955 it had been
completely destroyed by the organized criminals- unlike the church
of Panagia Kafatiani, which had remained under the control of the
father Efthym and which was left untouched during the night of the
events. After it was torn down, the Turkish authorities awarded
damages to father Efthym! |
(Violation
of Articles 40 and 42 of the Treaty of Lausanne -
The League of Nations has guaranteed the implementation of said
Articles,
as set forth in Article 44 of the Treaty of Lausanne). |
38)
|
In
1964 the Turkish authorities implemented a coordinated wave
of persecutions, aiming at the complete extinction of the Christian
minority of Constantinople:
The year began with the authorities setting the proper climate,
with the stoning of the Patriarchate. This was followed, on 10/Jan./1964,
by the stoning of the Sinaitic Monastery of Agios Ioannis in Phanare
(Fener). Then the wave of persecutions assumed torrential dimensions.
Three principals of Greek High Schools and eleven Greek teachers
dismissed. Orthodox clergymen were forbidden entry in Greek schools
by virtue of Circular No 410/16/26.03.1964. On 1/Apr./1964
Emilianos, Metropolite of Seleukia and Iakovos, Metropolite of Philadelphia,
were deported from Turkey and were deprived of the Turkish nationality.
Nine days later, on 10/Apr./1964, the Patriarchal printing
office, which had been in operation since 1927, was shut
down and the publication of the ecclesiastical publications 'Apostolos
Andreas' and 'Orthodoxy' was forbidden. The handling of Greek books,
whatever their form, in minority schools, the teaching of the religious
education course and the celebration of the religious holidays of
Easter, Christmas and New Year's Day were forbidden by virtue of
Circular No 3385, issued on 15/Sep./1964. On 20/Sep./1964,
the community cemetery of Kouskoutzouki (Kuzguncuk) was desecrated
and on the following day, on September 21, 1964, the church
of Panaghia in Exi Marmara was stoned. Between October 4 and 9 the
Patriarchate was blockaded by a mass of organized 'demonstrators'.
Morning prayers were forbidden for Greek students in minority schools
by virtue of Circular No 8459, issued on December 18,
1964. Students were also forbidden to use the Greek language.
At the same time, the historic Greek Orphanage in Pringipos (Büyük
Ada) was shut down at one night, when the building was forcefully
occupied by the Turkish authorities. |
(Violation
of Articles 37, 38, 39, 40, 41, 42 and 43 of the Treaty
of Lausanne -
The League of Nations has guaranteed the implementation of said
Articles,
as set forth in Article 44 of the Treaty of Lausanne).
(Violation all Articles 2 to 16 of European Convention
on Human Rights). |
39)
|
On
16/Mar./1964 Turkish Preminister İnönü transgress
the Treaty of 1930 (signed between Greece - Turkey) and from
March 1964 the Turkish Government began the mass expulsion
of Greeks from Constantinople in the most provocative, flagrant
and blatant violation of the Treaty of Lausanne, given that
there was absolutely no question that Greek nationals settled in
Constantinople prior to 1918 were not exchangeable.
The summary mass persecution of the Greeks was the last blow to
the wounded and bled Hellenism of Constantinople. The expulsion
was suddenly announced in the press, accompanied by the simultaneous
seizure of the moveable property and confiscation of the real property
of the deportees, forcing them to leave the country with only what
they could fit inside the suitcase they carried and no more 200
Turkish Liras per person (about 40$). The Turkish authorities were
so eager to uproot the ethnic Greeks of Constantinople, that in
the lists they published with the names of the Greeks to be deported,
allegedly on the grounds of being dangerous to the safety of Turkey,
they included the names of people with mental or physical disabilities,
hundreds of elderly persons who could only move around with difficulty
as well as at least six dead people!
(Violation of Articles 37, 38 and 39 of the Treaty of
Lausanne - The League of Nations has guaranteed the implementation
of said Articles, as set forth in Article 44 of the Treaty
of Lausanne). |
(Violation
all of Articles between 2-16 of European Convention on
Human Rights)
(Violation of Article 2 par. C of Convention on the Prevention
and Punishment of the Crime of Genocide). |
40)
|
On
2/11/1964, the Turkish Government by virtue of its secret decree
which acquired the reference num. 6/3801, proceeded to the
methodical looting of the huge Christian properties, make illegal
the transfer of property titles to persons of Greek nationality
and blocking the collection of all amounts due, all proceeds, incomes
and bank accounts. This unprecedented plundering was kept secret
and implemented faithfully for decades, until it was uncovered twenty-four
years later.
By the same law on article 5 the local state agents has the right
to expropriate any assets without to pay. Using these rights in
the island Imvros, 98% of arable land was expropriate (in 1960
25.000.000 m2 expropriate lands belongs to Greeks. In 1990
it decreased to 600 m2 ). Fishing, which was an important
means of livelihood for the residents, was prohibited.
By the same secret legislative (6/3801 depend on law 1062 par.1)
forebade Greek citizens to purchase any assets in Turkey. There
was same kind of articles at new secret legislative on 1995
(B.03.0.UIG.0.00.00.7-1995-YUNANİSTAN). |
(Violation
of Articles 37, 38, 49 and 42 of the Treaty of Lausanne
-
The League of Nations has guaranteed the implementation of said
Articles,
as set forth in Article 44 of the Treaty of Lausanne).
(Violation of Articles 3, 5, 6, 8, 9, 10, 13 and 14 of European
Convention on Human Rights). |
41)
|
In
1964 the Metropolitan and elders of Imvros were exiled to Asia
Minor. Gendarmerie camps were established and settlers were transferred
from Pontus and Bulgaria. The area was declared 'supervised zone'
and all Greek and foreign visitors had to secure a special permit
from the Dardanelles'(Çanakkale) Prefect. Some time later,
open prisons for long-term convicts were relocated to the island,
in order to terrify the residents, whose only way out was that,
which the Turkish authorities systematically implemented: to leave
their ancestral hearths.
In same year all the school buildings and assets of schools on Imvros
Island were confiscated. All teachers dismissed by the state and
forbidden them to teach in any other Greek School at Turkey. |
(Violations
of Articles 14, 38, 39, 40 and 41 of the Treaty of Lausanne
-
The League of Nations has guaranteed the implementation of said
Articles,
as set forth in Article 44 of the Treaty of Lausanne).
(Violation of Articles 5, 6, 7, 8, 9 and 14 of European
Convention on Human Rights).
|
42)
|
In
September 1965, father Efthym occupied by force, with the undisguised
support of the Turkish authorities, the holy churches of Agios Ioannis
in Hion and Agios Nikolaos in Galata (Karaköy). The Turkish
authorities rushed to offer him the Greek institutions in the area,
including 2 schools and 52 properties. Since then, all the legal
efforts for the return of the churches and institutions have been
met with legalistic problems, which have resulted to the continuous
adjournment of the relevant proceedings! |
(Violation
of Articles 38, 40, 42 and 43 of the Treaty of Lausanne
-
The League of Nations has guaranteed the implementation of said
Articles,
as set forth in Article 44 of the Treaty of Lausanne).
(Violation of Articles 5, 6, 7, 8, 9 and 14 of European
Convention on Human Rights). |
43)
|
In
1965 Andreas Lambikis, publisher of 'Eleftheri Phoni',
the minority newspaper, arrested and imprisoned. The newspaper,
printing presses and the premises owned by him were seized, and
the publisher was ousted from Turkey with the charge of 'insulting
Turkism'. |
(Violation
of Articles 38, 39 and 40 of the Treaty of Lausanne
-
The League of Nations has guaranteed the implementation of said
Articles,
as set forth in Article 44 of the Treaty of Lausanne).
(Violation of Articles 5, 6, 9 and 10 of European Convention
on Human Rights) |
44)
|
The
persecutions in minority schools continued, despite the rapid decline
in the number of students. In 1967 another 39 teachers were
dismissed and 6 Greek elementary schools were shut down. Children
whose identity bore the indication 'Christian' instead of 'Rum'
were not allowed entry in minority schools, and were forced to attend
Turkish elementary schools. |
(Violation
of Articles 38, 39, 40 and 41 of the Treaty of Lausanne
-
The League of Nations has guaranteed the implementation of said
Articles,
as set forth in Article 44 of the Treaty of Lausanne).
(Violation of Articles 2, 3, 5, 6, 7, 8, 9, 10 and 14 of
European Convention on Human Rights)
(Violation of Article 2 par. E of Convention on the Prevention
and Punishment
of the Crime of Genocide) |
45)
|
Law
903/1967 imposed a 5% tax on the annual gross Vakıf
income. The acquisition of any real property in excess of that
stated in 1936 was prohibited. The establishment of new minority
institutions was prohibited. |
(Violation
of Articles 37, 40 and 42 of the Treaty of Lausanne
-
The League of Nations has guaranteed the implementation of said
Articles,
as set forth in Article 44 of the Treaty of Lausanne). |
46)
|
In
this period on Imvros Island 262 holy places was desecrate and 248
of them was sacked. The sixteenth century historical church from
town of Kastro was set on fire. |
(Violation
of Articles 38, 40 and 42 of the Treaty of Lausanne).
(Violation of Articles 6, 7, 8, 9, and 14 of European
Convention on Human Rights). |
1970-1979
47)
|
On
9/July/1971 the Turkish Government, in an effort to strangle
the nursery of Orthodox clergymen, discontinued the operation of
the Seminary of Halki. In the 127 years from its foundation, 930
clergymen had graduated from the Seminary, including 12 Ecumenical
Patriarchs, 2 Patriarchs of Antiochy (Antakya) , 4 Archbishops of
Athens and 1 Archbishop of Tirana.
At the same time, all Greek minority schools were required to open
courses with the Turkish oath ending with the phrase 'Ne mutlu Türküm
diyene', which means 'How happy I am a Turk!" |
(Violation
of Articles 6, 7, 8, 9, and 14 of European Convention
on Human Rights).
(Violation of Articles 40 and 42 of the Treaty of Lausanne
-
The League of Nations has guaranteed the implementation of said
Articles,
as set forth in Article 44 of the Treaty of Lausanne). |
48)
|
In
September 1974 the Turkish authorities turned to mosques the
Byzantine monastery of Akatalyptos Maria Diakonissa, which was built
in 582, the monastery of Myreleo and the church of Agia Theodora. |
(Violation
of Articles 40 and 42 of the Treaty of Lausanne -
The League of Nations has guaranteed the implementation of said
Articles,
as set forth in Article 44 of the Treaty of Lausanne).
(Violation of Articles 8, 9 and 10 of European Convention
on Human Rights) |
49)
|
In
the islands of Imvros and Tenedos, the heroic Christian residents
who had lived through persecutions and terrorism, now had to suffer
more tribulations. The year after Stelios Kavalieros was
murdered by 'unknown' parties in Panaghia, Imvros in 1973,
the Mayor of Imvros, together with 20 eminent islanders, were put
in prison in the Dardanelles (Çanakkale). On the night of the
Turkish invasion in Cyprus, in July 1974, the old Metropolitan
Church of Imvros was looted and the cemetery of the village Castro
on the island was desecrated. In the following summer Styliani Zouni,
mother of two, was raped and murdered by a Turkish soldier in the
village of Agii Theodori, Imvros. Finally, in the two-year period
1975-1976 more lands, from what little had remained in the
hands of the Christian residents, were expropriated for next to
nothing, as usual. |
(Violation
of Articles 14, 37, 38, 39, 40 and 42 of the Treaty of
Lausanne -
The League of Nations has guaranteed the implementation of said
Articles,
as set forth in Article 44 of the Treaty of Lausanne).
(Violation of Articles 2, 3, 5, 6, 8, 9, 10 and 14 of European
Convention on Human Rights).
(Violation of Article 2 of Convention on the Prevention and
Punishment
of the Crime of Genocide). |
50)
|
The
Turkish authorities, with Law 502/1978 managed to shrink
the community property of the Valoukli Hospital to what it was in
1936, annulling all transfers of moveable and real properties
which had taken place by virtue of donations, bequests etc. |
(Violation
of Article 40 of the Treaty of Lausanne). |
1980-1989
51)
|
The
1980s were the coup de grace for the Christians of Imvros
and Tenedos, in the form of new 'unsolved' murders. In July 1980
George Viglis was massacred in Schinoudi, supposedly by 'unknown'
parties. In 1984 Efstratios Stylianidis was murdered
in Schinoudi and Nikos Ladas in PanHaghia. A few years
later Zaphiris Deliconstantis was murdered in the village of Glyky.
In 1984 the Turkish Government, bringing to a conclusion
the infamous 'eritme program?' (melting program), meaning the plan
for the complete Turkification of the Greek islands of Imvros and
Tenedos, proceeded to seize the last remaining 956 thousand square
meters, prohibiting cattle breeding and characterizing all remaining
pastures as forestland or lands to be reforested and national parks. |
(Violation
of Articles 14, 37, 38 and 39 of the Treaty of Lausanne
-
The League of Nations has guaranteed the implementation of said
Articles,
as set forth in Article 44 of the Treaty of Lausanne).
(Violation of Articles 2, 3, 5, 6, 8, 9, 10 and 14 of European
Convention on Human Rights).
(Violation of Article 2 of Convention on the Prevention and
Punishment
of the Crime of Genocide). |
52)
|
On
February, 1984 the Greek cemetery in Therapia (Tarabya) was
the target of a frenzied attack by the organized mob. Same cemetery
has second attack on 19/May/1986. |
(Violation
of Articles 38, 40 and 42 of the Treaty of Lausanne).
(Violation of Articles 6, 7, 8, 9, and 14 of European
Convention on Human Rights). |
53)
|
On
29/May/1985, on a symbolic date, the Turkish authorities proceeded
to an also symbolic act: They tore down the whole front of the holy
church of Agios Georgios in Makrochori (Bakırköy). |
(Violation
of Articles 40 and 42 of the Treaty of Lausanne -
The League of Nations has guaranteed the implementation of said
Articles,
as set forth in Article 44 of the Treaty of Lausanne).
(Violation of Articles 3, 6, 8, 9, and 14 of European
Convention on Human Rights). |
54)
|
On
July 1985 the government of Özal gave some rights to the
Greeks who were deported of 1964. They were given the right
of claim for lost properties. At same time with 8-118-27433 the
government ordered all the minions of law to "pay attention
to their decision".
This was the starting date for new Turkish foreign policy with two
facets; one for the foreign countries to proof "the democratic
face of Turkey", the other for local minions to "to maintain
all policies against minorities". |
|
1990-1999
55)
|
The current decade
is characterized by the increased intensity of the Turkish provocations,
against the remnants of the Greek properties in the unforgettable
fatherlands of Asia Minor, which are the fixed target of the Young
Turks, but also against the great Greek presence and the huge Christian
estates. After a period of 20 years since the last elections permitted
in the Greek communities of Constantinople, in March 1991
elections were held. However, the procedure permitted was only a
parody, since the members of the appointed returning committee were
also the only candidates! A Greek woman, who dared to protest, was
found abused in her home, after having received the 'visit' of unknown
parties who had tried to 'bring her to her senses'. |
(Violation
of Article 40 of the Treaty of Lausanne). |
56)
|
In the
same year, the Turkish authorities took arbitrary occupation of
the building of the Greek community of Tzivali (Cibali) and the
Community building of Agios Phocas in Mesochori (Ortaköy),
Bosphorus. In both cases, the Turkish State paid the expenses for
the restoration of the occupied buildings. |
(Violation
of Articles 40 and 42 of the Treaty of Lausanne).
(Violation of Articles 3, 6, 8, 9, and 14 of European
Convention on Human Rights) |
57)
|
On
25/Aug./1991, perfectly organized demonstrators, with not only
the tolerance but also the open support of the Turkish authorities,
besieged, under the sounds of epic songs of the janissaries, the
premises of the Ecumenical Patriarchate, which they blocked off
for four days and nights in a row. When they had the pleasure to
leave, they kept trumpeting forth their intention to return and
install a Turkish patriarch in the premises of the Patriarchate! |
(Violations
of Articles 38, 40, 42 and 43 of the Treaty of Lausanne
-
The League of Nations has guaranteed the implementation of said
Articles,
as set forth in Article 44 of the Treaty of Lausanne). |
58)
|
In
April 1992, four churches and one holy water spring were the
targets of attacks: The church of Evangelistria, at the foot of
Tatavla (Kurtuluş), the church of Agios Georgios in Edirnekapı,
the church of Agios Ignatios in Halkidona (Kadıköy) and
the holy water spring of Prophitis Ilias in Mega Revma (Arnavutköy).
In all these cases, the culprits removed undisturbed icons and religious
vessels of great historic and archaeological value, without getting
arrested of course. |
(Violation
of Article 42 of the Treaty of Lausanne).
(Violation of Articles 3, 6, 8, 9, and 14 of European
Convention on Human Rights) |
59)
|
In
August 1993, 'unknown' parties entered the Christian cemetery
of Neochori (Yeniköy), and opened and looted 30 tombs. At that
time, the church in the cemetery of Prophitis Ilias was broken into
and robbed, while at the holy water spring of Parthenos Maria in
Göksu, bold culprits opened a great hole on the wall of the
building, destroyed the premises and the holy water's taps. |
(Violation
of Article 42 of the Treaty of Lausanne).
(Violation of Articles 3, 6, 8, 9, and 14 of European
Convention on Human Rights) |
60)
|
On
12/Jun./1993, 'unknown' parties as usual, catapulted an improvised
Molotov bomb onto the building of the newly built, with great trouble
and expenses, Patriarchal House in Phanare (Fener). The fire was
extinguished by the clergymen, because the Fire Department was unable
to intervene! |
(Violation
of Article 42 of the Treaty of Lausanne).
(Violation of Articles 3, 6, 8, 9, and 14 of European
Convention on Human Rights) |
61)
|
In
early August 1993, one more incident shocked the Christian minority
of Constantinople. A twelve-year old girl, Petroula Syrigou,
was dragged by force inside a black Mercedes by three 'unknown'
parties, in front of the eyes of a large number of witnesses. The
poor girl was found a little while later naked and molested in a
state of aphasia, which lasted three whole days. On the third day,
Petroula Syrigou died and was buried in the Christian cemetery of
Neochori (Yeniköy). A few days later, on 24/Aug./1993,
vandals broke into the same cemetery and after breaking the tomb
marbles, scattered the bones of the dead and unburied a corpse from
its shroud in order to tear it apart! |
(Violation
of Articles 38 and 42 of the Treaty of Lausanne -
The League of Nations has guaranteed the implementation of said
Articles,
as set forth in Article 44 of the Treaty of Lausanne).
(Violation of Articles 2, 3, 5, 6, 8, 9, 10 and 14 of European
Convention on Human Rights) |
62)
|
On
28/Sep./1993 eight 'unknown' persons entered the premises of
the Ioakimion School for Girls in Fener, used a tank of gas and
started a fire and then disappeared. The fire was extinguished by
the local residents, because the Fire Department did not deem it
necessary to make an appearance. The following month, in October
1993, a big rock was thrown inside the premises of the Patriarchate
from the neighbouring hill, a regular army bomb was placed in the
church of Panagia ton Ouranon, in an old quarter of Constantinople
, which fortunately did not explode, while the fire started by 'unknown'
parties at the Monastery of Agios Georgios in Principos (Büyük
Ada) ruined a significant part of the building. In November 1993
'unknown' parties threw two bombs inside the precinct of the church
of Panagia in Eğrikapı and disappeared. |
(Violation
of Article 42 of the Treaty of Lausanne).
(Violation of Articles 3, 6, 8, 9, and 14 of European
Convention on Human Rights) |
63)
|
On
30/Mar./1994, three improvised incendiary Molotov bombs were
catapulted from the northern wall of the Patriarchal House in Fener
and twelve days later, on 12/Apr./1994 Molotov bombs were
thrown inside the yard of the Greek Grand National School in Fener.
On the night of 30/Apr./1994 'unknown' parties broke into
the church of Metamorphosis in the Şişli cemetery, stole
7 icons of great value, four gold candle-stands and ruined various
religious vessels. Immediately after that, they broke into the neighbouring
chapel of the Apostles Petros and Pavlos, and desecrated the grounds.
On the night of 1/Aug./1994 'unknown' parties entered into
the chapel of Agios Ioannis Prodromos in the cemetery of Makrochori
(Bakırköy), stealing innumerable icons and desecrating
the grounds. In September 1994 the Turkish authorities, in
a characteristic insult to the religious sentiment of Christians,
make available the old Byzantine church of Haghia Irini for the
conduct of an international conference. |
(Violation
of Article 42 of the Treaty of Lausanne).
(Violation of Articles 3, 6, 8, 9, and 14 of European
Convention on Human Rights). |
64)
|
In
April 1995 the house of BBC correspondent Alkis Kourkoulas
was broken into and valuable documents were stolen. In June of the
same year 'unknown' parties broke into the church of Aghios Ignatios
in Halkidona (Kadıköy), stealing icons and five silver
candle-holders and into the Holy Water Spring of Parthenos Maria
in Göksu, ruining furniture. On 4/Oct./1994 'unknown'
parties murdered and robbed the elderly Christina Frangopoulou
in Pringipos (Büyükada). |
(Violation
of Articles 38 and 42 of the Treaty of Lausanne -
The League of Nations has guaranteed the implementation of said
Articles,
as set forth in Article 44 of the Treaty of Lausanne).
(Violation of Articles 2, 3, 5, 6, 8, 9, 10 and 14 of European
Convention on Human Rights) |
65)
|
On
3/Mar./1996 the church of Panagia ton Ouranon became again the
target of 'unknown' perpetrators. A powerful remote-controlled explosive
device was discovered by the church attendant and disposed of at
the last minute by the Turkish police. On 16/Sep./1996 two
bombs went off almost simultaneously, one in the Byzantine church
of Panagia in Mouchli (Fener) and the other in the now shut down
building of the Ioakeimion School for Girls in Fener. Thirteen days
later, on 29/Sep./1996 a grenade was catapulted onto the
roof of the Patriarchal Church of Haghios Georgios, causing damages
to the building. |
(Violation
of Article 42 of the Treaty of Lausanne).
(Violation of Articles 3, 6, 8, 9, and 14 of European
Convention on Human Rights) |
66)
|
The
bomb attacks in Fener went on under the impassive indifference of
the Turkish Government. Thus, on 2/Dec./1997 a fresh bomb
attack at the seat of the Ecumenical Patriarchate resulted to the
serious injury of deacon Nectarios from Rethymnon, Crete and to
extensive damages in the Holy Church of Agios Georgios. On 13/Jan./1998
the 'unknown' parties entered at two o'clock in the afternoon into
the holy water spring of Agios Therapon near Agia Sofia, murdered
the 73-year old keeper Haviaropoulos, threw his corpse into
a well, grabbed valuable icons and set the place on fire in order
to cover their tracks! |
(Violation
of Article 42 of the Treaty of Lausanne).
(Violation of Articles 2, 3, 5, 6, 8, 9, 10 and 14 of European
Convention on Human Rights) |
67)
|
On
the night of 30-31/Mar./1998 vandals entered the cemetery in
Tatavla, ruined 51 tombs and pillaged undisturbed the grounds. |
(Violation
of Article 42 of the Treaty of Lausanne).
(Violation of Articles 3, 6, 8, 9, and 14 of European
Convention on Human Rights) |
68)
|
In early
November 1998, the Turkish Government arbitrarily removed the supervisory
committee returning of the Seminary in Halki, on the grounds of
their alleged 'mismanagement' and 'propaganda against the Turkish
State', condemning in fact the whole Institution to shut down.
In the context a brief list containing of only some of the incidents
against the Greeks of Constantinople, Imvros and Tenedos, the population
contraction of the ethnic Greeks in Turkey is easily understood. |
|
After the Luxembourg European
Council in December 1997, the Commission has reported regulary
to the Council and the Parliament on progress made by the candidate
states in preparing of membership. It is quite interest to read the
opinions of the Committee Foreign Affairs, Human Rights, Common Security
and Defence Policy on the yearly regular reports (2001 - 2004) for Republic
of Turkey.
Although on the first 6 month of 2002, 55,000 people signed the petition
(www.greece.org/themis/halki)
for reopen the Seminary of Halki, petitions that supported by two presidents
of U.S.A. (Bill Clinton and George Bush), today Seminary
is still close on operative.
All the readers of this report must keep in their mind that Greeks from
Constantinople never use violence, we never fight against any Turkish
government. We have one mistake. For that Republic of Turkey punish
us:
Our crime was "To be Greek, Orthodox Christians from Constantinople".
Finally we like to notice that "history repeated it self".
V. Kyratzopoulos
CONCLUSION
In the light of the above,
the following proposals are made:
1)
|
Denunciation
of the Turkish Republic before the International Organizations (UNO,
OSCE, European Parliament, Council of Europe), all the members of
the European and US Parliamentary Bodies with regard to the flagrant
violations planty of the Treaties and other more recent Agreements. |
2)
|
A commanding
demand that Turkey respect all of its obligations under its conventional
commitments to the Greeks remaining in Turkey, with the abolishment
and legal quashing of all the legal decrees and decisions of the
Turkish authorities involving them and violating their freedoms
and human rights. |
3)
|
More
effective protection and guarantee of the required conditions for
the unhindered operation of the Ecumenical Patriarchate, which is
the revered crown of Orthodoxy, towards the performance of its high
ecumenical mission. |
4)
|
A demand
for damages in regard to the properties of the Greeks of Turkey,
who were forced to flee as a result of the anti-Greek measures adopted
in 1964. |
5)
|
A demand
for the protection of the lives and properties of the Greeks still
remaining in their hearths and the salvage of the huge community
property. |
6)
|
The salvage
and preservation intact of the invaluable cultural heritage of Hellenism. |
7)
|
Recognition
of September the 6th as a day of remembrance of the uprooting of
the Greeks of Constantinople. |
8)
|
Recognition
of the refugee status of the Greeks of Turkey who were forced to
leave their hearths in the last decades. |
9)
|
At
the time of the signature of the Treaty of Lausanne the population
of the islands of Imvros and Tenedos was 93% Greek, and for that
reason Turkey, upon receiving the islands, was forced under Article
14 of the Treaty of Lausanne to implement extended self administration.
Today only 1% of the islanders are Greek, as a result of the orgy
of violations of the Treaty of Lausanne by Turkey. In the 1980s
the 'mysterious' and 'unsolved' murders of Christians led the few
remaining Christians to abandon the islands, while the destruction
of symbols of the Christian religion in the two islands was incessant. |
10)
|
The Turkish
Government is required, under Article 42 of the Treaty of Lausanne,
'to grant full protection to the churches, synagogues, cemeteries,
and other religious establishments'. Nevertheless, for 80 whole
years, since the date the Treaty was signed, the churches and Christian
cemeteries have been the constant target of attacks, ruin and looting. |
APPENDIX A
THE ISTANBUL POGROM OF 6-7 SEPTEMBER 1955
IN THE LIGHT OF INTERNATIONAL LAW
By
Professor Dr. Alfred de Zayas
Abstract
The September 1955 pogrom[1]
(sometimes referred to in Greek sources as Septembriana[2]
) was a riot that occurred under the direct responsibility
and coordination of Turkish authorities. It was a "crime against
humanity"[3] ,
comparable in scope to the 1938 Kristallnacht[4]
in Germany, which had been carried out by the
Nazi SS and SA against Jewish synagogues and property in November 1938.
The Septembriana satisfies the criteria
of article 2 of the 1948 Genocide Convention[5],
because the "intent to destroy in whole or in part" the Greek
minority in Istanbul was demonstrably present, the pogrom having been
orchestrated by the government of Turkish Prime Minister Adnan Menderes.
Even if the number of deaths (estimated at 37)[6]
among members of the Greek community was relatively low, the result
of the pogrom was the flight and emigration of the Greek minority in
Istanbul that once numbered some 100,000 and was subsequently reduced
to a few thousand[7].
The vast destruction of Greek property, businesses and churches is evidence
of the intention of the Turkish authorities to terrorize the Greeks
in Istanbul into abandoning the territory, thus eliminating the Greek
minority under Turkish jurisdiction. This practice falls within the
ambit of the crime of "ethnic cleansing". The International
Criminal Tribunal for the Former Yugoslavia has recently interpreted
the Genocide Convention broadly and extended the scope of offences that
may be subsumed under the crime of genocide. In two of its judgments
the ICTY has determined that "ethnic cleansing" can amount
to genocide[8] .
Turkey is a party to the 1948 Genocide
Convention since 1950. Although Turkey is not a party to the 1968
Convention on the non-applicability of statutory limitations to
war crimes and crimes against humanity, modern international law imposes
the principle of non-prescription to genocide and crimes against humanity.
Accordingly, the obligation to punish the guilty and the responsibility
of Turkey to make reparations to the victims and their survivors for
the events of 6-7 September 1955 have not lapsed with time.
Seen in isolation, the Istanbul pogrom can be seen as a grave crime
under Turkish domestic law and international law. However, the Septembriana
must be seen in the historical context of a religious-driven genocidal
program that saw many pogroms before, during and after World War I,
within the territories of the Ottoman Empire, including the elimination
of the Greek communities of Pontos, Asia Minor and the atrocities against
the Greeks of Smyrna in September 1922. It is in the light of
the larger picture[9]
that the genocidal character of the Istanbul pogrom
best comes to light. It should be noted, however, that whereas the characterization
of the Septembriana as a form of genocide lends it greater emotional
impact, the legal consequences of the Istanbul pogrom are essentially
the same, whether it is classified under the rubric genocide or "crimes
against humanity".
Historical overview
Prior to the pogrom on 6-7 September
1955, the Turkish government had engaged in systematic incitement
of public opinion against the Greek minority, partly in connection with
the on-going dispute over Cyprus[10].
A student movement calling itself "Cyprus is Turkish" was
particularly virulent in the anti-Greek propaganda. On 28 August 1955
the largest daily Hürriyet threatened that "if
the Greeks dare touch our brethren, then there are plenty of Greeks
in Istanbul to retaliate upon"[11]
At 12:10 in the morning of 6 September 1955 an
explosion occurred in the courtyard of the Turkish Consulate in Thessaloniki,
a building adjacent to the house where Kemal Atatürk had
been born. The press immediately blamed the Greeks and published photos
of Atatürk's house purporting to show extensive damage.[12]
At the 1960-61 Yasssiada trial against Prime Minister
Adnan Menderes and Foreign Minister Fatin Zorlu it became
known that the explosion had been carried out by Turkish agents under
orders from the Turkish Government[13]
.
Beginning around 17:00 in the late afternoon[14],
Turkish mobs devastated the Greek, Armenian and Jewish districts of
Istanbul, killing an estimated 37 Greeks, and destroying and looting
their churches[15],
places of worship, homes and businesses. The pogrom was not spontaneous,
but was centrally organized, many of the rioters were recruited in Istanbul
and in the provinces by the Demokrat Parti authorities and taken into
Istanbul by train, trucks and some 4,000 taxis with instructions of
what to destroy and what not[16].
They were given axes, crowbars, acetylene torches, petrol, dynamite
and large amounts of rocks in carts. Predictably, the riots got out
of control, the mobs shouting "Evvela Mal, Sonra Can" ("First
your property. Then your life")[17]
The Turkish militia and police that coordinated
the pogrom refrained from protecting the lives and properties of the
Greek victims[18].
Their function was instead to preserve Turkish property and protect
it from also being destroyed.
The events are best described in English
by Professor Speros Vryonis in his 2005 book The Mechanism of
Catastrophe, which also draws on a vast amount of Turkish sources, including
the Yassiada trials, and upon the substantive report by Helsinki Watch[19]
of 1992 on the human- and civil rights violations
against the Greeks of Turkey. There is still no official Turkish government
or police report on the violence of 6-7 September 1955.
Besides the deaths, there were thousands
of injured, some 200 Greek women were raped[20],
and there are reports of the raping of Greek boys[21].
Many Greek men, including at least one priest, were subjected to forced
circumcision. The riots were accompanied by enormous material damage[22],
estimated by Greek authorities at 500 million US dollars, including
the burning of churches, the devastation of shops[23]
and private homes.[24]
After the fall of the government of
Prime Minister Adnan Menderes in 1960, he and other organizers of the
pogrom were put on trial and convicted. The Yassiada Trial of 1960-61
provides abundant evidence as to the "intent" to terrorize
and destroy the Greek minority of Istanbul. Menderes, Zorlu and their
Minister of Economics, Hasan Polatkan, were executed[25].
Norms
Under customary international law,
massacres such as occurred in Istanbul in September 1955 constitute
international crimes. There are many norms of international law, international
humanitarian law and international human rights law that are pertinent
in the examination of the Istanbul pogrom. Under these norms the pogrom,
taken in isolation, entails a multiplicity of violations of international
law. But it is in the historical context that the Istanbul pogrom emerges
as part of a genocidal program aimed at the destruction of the Greek
presence in all territories under Turkish rule.
Massacres committed by the Ottoman
authorities against the Armenians during World War I were labeled by
the British and the French governments as "crimes against humanity
and civilization" as early as 1915[26].
At the end of World War I, the victorious Allies
agreed that the atrocities committed against the Christian minorities
under Ottoman rule, including the Armenians, the Greeks from Pontos,
Asia Minor, Eastern Thrace, and the Assyrians should be investigated
and punished, and that the material damage should be compensated. Relevant
precedents are article 230 of the Treaty of Sevres[27],
which stipulated the obligation to punish and article 144, which stipulated
the obligation to grant restitution and compensation.[28]
Although the Ottoman State signed the
Treaty of Sèvres, formal ratification never followed, and the Allies
did not ensure its implementation[29].
Such failure was attributable to the growing international political
disarray following World War I, the rise of Soviet Russia, the withdrawal
of British military presence from Turkey[30],
the isolationist policies of the United States[31],
the demise of the Young Turk regime and the rise of Kemalism in Turkey.
Nevertheless, the criminality of the massacres against the Armenians,
Greeks and Assyrians had been acknowledged by the international community,
even though no Turkish official was ever tried before an international
tribunal and only few were indicted, tried and convicted by Turkish
courts martial.
The term "genocide" was
coined by the Polish jurist Raphael Lemkin in 1944
in connection with the Nazi murder of the Jews. The London Agreement
of 8 August 1945 laid down the indictment for the Nuremberg trials,
including the offence of "crimes against humanity" under article
6c) of the Statute.
The 1948 Genocide Convention
did not create the crime of "genocide", but it formalized
and codified the international prohibition of massacres. Article 1 of
the Convention stipulates that "genocide whether committed in time
of peace or in time of war, is a crime under international law".
Article 2 provides that "genocide means any of the following acts
committed with intent to destroy, in whole or in par, a national, ethnical,
racial or religious group, as such:
(a) killing members of the group;
(b) causing serious bodily or mental harm to members of the group;
(c) deliberately inflicting on the group conditions of life calculated
to bring about its physical destruction in whole or in part
"
Turkey acceded to the Convention
on 31 July 1950, more than five years prior to the events of September
1955.
Of crucial importance here is the international
rule of non-prescription, reflected in article I of the United Nations
Convention on the Non-Applicability of Statutory Limitations to War
Crimes and Crimes against Humanity[32],
according to which lapse of time does not extinguish the obligation
to prosecute in cases of genocide and crimes against humanity. As a
consequence of this same principle, lapse of time does not extinguish
the justiciability of claims to restitution. Moreover, there is an obligation
erga omnes[33] not to recognize
the material consequences of genocide and crimes against humanity.
.
International law has continued its normative development in this direction.
It is interesting to note that, although the International Criminal
Tribunal for the Former Yugoslavia has no jurisdiction in connection
with the Istanbul pogrom, it expands our understanding of the concept
of genocide and its criminalization. Thus, Article 4 of the 1993
Statute of the International Criminal Tribunal for the former Yugoslavia
defines the crime of genocide, and Article 5(g) lists rape as a "crime
against humanity".
Similarly, Article 6 of the 1998
Statute of Rome of the International Criminal Court defines genocide
in the terms of the Genocide Convention, article 7 defines "crimes
against humanity" in terms more explicit than those in the Nuremberg
Statute[34]. However, pursuant to article
11 of the Statute, the ICC shall have no competence ratione temporis
to examine events that occurred prior to the entry into force of the
Statute. .
In the domain of "soft law",
it is important to recall that in 1992 the General Assembly adopted
Resolution 47/121 stipulating that the Yugoslav policy of "ethnic
cleansing" was a "form of genocide."[35]
In 1995 the General Assembly adopted
Resolution 50/192 which addresses the systematic practice of rape in
the context of "ethnic cleansing" and reaffirmed "that
rape in the conduct of armed conflict constitutes a war crime and that
under certain circumstances it constitutes a crime against humanity
and an act of genocide as defined in the Convention on the Prevention
and Punishment of the Crime of Genocide".[36]
In the field of international human
rights law, Turkey adhered to the International Covenant on Civil
and Political Rights on 15 September 2003. Article 6 protects the
right to life, article 20 prohibits incitement to racial hatred and
incitement to violence, article 26 prohibits discrimination, and article
27 guarantees the rights of minorities. In November 2006 Turkey
also ratified the Optional Protocol to ICCPR, but added a reservation
precluding its retroactive application. In regional international law,
Turkey signed the European Convention on Human Rights and Fundamental
Freedoms on 4 November 1950 and ratified it on 18 May 1954.
Turkey also ratified Protocol I on 22 June 1953. The European
Convention protects the right to life, and its Protocol I protects the
right to property. The 1955 pogrom should also be viewed from
the perspective of International Human Rights Law.
Case Law
Bearing in mind that law is not mathematics,
judges have to determine how the norms apply to a particular set of
facts. While one judge may conclude that a pogrom constitutes genocide,
another may conclude that it does not go over the threshold. But since
a pogrom entails multiple violations of general principles of law and
human rights law, the obligation to punish the guilty and to provide
reparation to the victims is essentially the same.
The Nuremberg judgment of 1946
convicted the Nazis of crimes against humanity, including genocide.[37]
Massacres against a State's own citizens and permanent residents, such
as the victims of the Kristallnacht (night of broken glass) of 9-10
November 1938 were also deemed to constitute a "crime against
humanity."[38]
The International Criminal Tribunal
for the Former Yugoslavia has applied the concept of "genocide"
to individual massacres and determined in the judgment against General
Radislav Krstic[39] that the massacre
of Srebrenica constituted genocide. However, not every individual or
political authority associated with the Srebrenica massacre has been
charged with or convicted of genocide. The ICTY has also held that rape
can in certain circumstances constitute the crime of genocide[40],
and in its 2001 judgment against Kunarac, Kovac and Vucovic,
the ICTY also found that rape constitutes a "crime against humanity".[41]
Trials under Turkish law. The principal
architects of the Istanbul pogroms were tried, convicted and punished
in 1961. Former Prime Minister Menderes and a total of
592 individuals were charged at the Yassiada Trials in 1960-61.
The documentation and testimony emerging from this trial constitute
sufficient sources for establishing the "intent" of the Menderes
government to "destroy in whole or in part" the Greek minority
in Istanbul.[42].
The Doctrine of State
Responsibility for Wrongful Acts
A general principle of international
law stipulates that a State is responsible for injuries caused by its
wrongful acts and must provide reparation for such injury.[43]
The Permanent Court of International Justice enunciated this principle
in the Chorzow Factory Case as follows: "it is a principle of international
law, and even a general conception of law, that any breach of an engagement
involves an obligation to make reparation."[44]
It should be stressed that the wrong in question is not just a mere
violation of international law engaging inter-state responsibility,
but the gravest criminal violations of international law engaging, as
the International Court of Justice has determined, international responsibility
erga omnes - an obligation of the State toward the international community
as a whole.
Thus, the international crime of genocide imposes obligations not only
on the State that perpetrated the genocide, but also on the entire international
community : (a) not to recognize as legal a situation created by an
international crime, (b) not to assist the author of an international
crime in maintaining the illegal situation, and (c) to assist other
States in the implementation of the aforementioned obligations.[45]
In a very real sense, the legal impact of the erga omnes nature of the
crime of genocide goes far beyond the mere retroactivity of application
of the Genocide Convention. It imposes an affirmative obligation on
the international community not to recognize an illegal situation resulting
from genocide.
Imprescriptibility
of genocide and crimes against humanity
When the United Nations drafted the
Convention on the Non-Applicability of Statutory Limitations to War
Crimes and Crimes Against Humanity (adopted 26 November 1968,
in force 11 November 1970), it clearly and deliberately pronounced
its retroactive application. In Article 1 it stipulated "No statutory
limitation shall apply to the following crimes, irrespective of the
date of their commission... crimes against humanity, whether committed
in time of war or in time of peace as they are defined in the charter
of the International Military Tribunal, Nürnberg, of 8 August
1945... and the crime of genocide as defined in the 1948
Convention..." (emphasis added).
The principle of nullum crimen sine lege, nulla poena sine lege praevia
(no crime without law, no penalty without previous law), laid out in
paragraph 1 of article 15 of the International Covenant on Civil and
Political Rights is conditioned as follows in paragraph 2: "Nothing
in this article shall prejudice the trial and punishment of any person
for any act or omission which, at the time when it was committed, was
criminal according to the general principles of law recognized by the
community of nations."
Although Turkey is not a State party to the Convention on the Non-Applicability
of Statutory Limitations to War Crimes and Crimes Against Humanity,
international law is clear on the subject: there is no prescription
on the prosecution of the crime of genocide, regardless of when the
genocide occurred, and the obligation of the responsible State to make
restitution or pay compensation for properties obtained by means of
genocide does not lapse with time.
In its judgment of 6 October 1983 in the case concerning Klaus
Barbie, the French Cour de Cassation rejected the objections
of the defence and stated that the prohibition on statutory limitations
for crimes against humanity is now part of customary international law.[46]
France also enacted a law on 26 December 1964 dealing with crimes against
humanity as " imprescriptibles " by nature[47].
Similarly, the Inter-American Court of Human Rights has ruled that "provisions
on prescription
are inadmissible" when they "are intended
to prevent the investigation and punishment of those responsible for
serious human rights violations such as torture, extrajudicial, summary
or arbitrary execution and forced disappearance," since they "violate
non-derogable rights recognized by international human rights law."[48]
Imprescriptibility
of the right to restitution and compensation in cases of genocide
and crimes against humanity.
Because of the continuing character
of the crime of genocide in factual and legal terms, the remedy of restitution
is not foreclosed by the passage of time[49].
Thus the survivors of the Istanbul pogrom, as the survivors of the massacres
against Greeks of Pontos and Smyrna possess standing, both individually
and collectively, to advance a claim for restitution. This has been
also the case with the Jewish survivors of the Holocaust, who have successfully
claimed restitution against many States where there property had been
destroyed or confiscated.[50] Whenever
possible restitutio in integrum (complete restitution, restoration to
the previous condition) should be granted, so as to re-establish the
situation that existed before the violation occurred. But where restitutio
in integrum is not possible, compensation may be substituted as a remedy.
Restitution remains a continuing State responsibility also because of
Turkey's current human rights obligations under international treaty
law, particularly the corpus of international human rights law.
The United Nations Basic Principles and Guidelines on the Right to Reparation
for Victims of Gross Violations of Human Rights and International Humanitarian
Law provide in part:
"Reparation may be claimed individually and where appropriate collectively,
by the direct victims of violations of human rights and international
humanitarian law, the immediate family, dependants or other persons
or groups of persons closely connected with the direct victims."
Particularly important are Principle 9:
"Statutes of limitations shall not apply in respect of periods
during which no effective remedies exist for violations of human rights
or international humanitarian law. Civil claims relating to reparations
for gross violations of human rights and international humanitarian
law shall not be subject to statutes of limitations."
and Principle 12: "Restitution shall be provided to re-establish
the situation that existed prior to the violations of human rights or
international humanitarian law. Restitution requires, inter alia, ...
return to one's place of residence and restoration of... property."[51]
UN Sub-Commission member Mr. Louis Joinet presented two reports
containing comparable language:
"Any human rights violation gives rise to a right to reparation
on the part of the victim or his beneficiaries, implying a duty on the
part of the State to make reparation and the possibility of seeking
redress from the perpetrator"[52].
Although the International Criminal Court, established in July
2002, does not have jurisdiction to examine instances of genocide
having occurred prior to the entry into force of the Rome Statute, it
does reaffirm the international law obligation of providing reparation
to victims. Article 75, paragraph 1, of the Statute stipulates that
"The Court shall establish principles relating to reparations",
which it defines as restitution, compensation and rehabilitation.
This international law obligation to make reparation for violations
of rights is reaffirmed in the General Assembly Resolution 60/1§47 of
16 December 2005, which annexes the "Basic Principles and
Guidelines on the Right to a Remedy and Reparation for Victims of Gross
Violations of International Human Rights Law and Serious Violations
of International Humanitarian Law." Pursuant to Article 11 of these
Principles, the remedies for gross violations of human rights include
the victim's right to "(a) equal and effective access to justice;
(b) adequate, effective and prompt reparation for harm suffered; c)
access to relevant information concerning violations and reparation
mechanisms". Pursuant to article 6: "...statutes of limitations
shall not apply to gross violations of international human rights law
and serious violations of international humanitarian law which constitute
crimes under international law."[53]
In the context of reparation for gross violations of human rights, two
other general principles are relevant. the principle ex injuria non
oritur jus (from a wrong no right arises), that no State should be allowed
to profit from its own violations of law, and the principle of "unjust
enrichment".[54] It is a general
principle of law that the criminal cannot keep the fruits of the crime.[55]
In denying the applicability of statutes of limitation to restitution
claims by survivors of the Holocaust, Professor Irwin Cotler
argues:
"The paradigm here is not that of restitution in a domestic civil
action involving principles of civil and property law, or restitution
in an international context involving state responsibility in matters
of appropriation of property of aliens; rather, the paradigm - if there
can be such a paradigm in so abhorrent a crime - is that of restitution
for Nuremberg crimes, which is something dramatically different in precedent
and principles... Nuremberg crimes are imprescribable[56],
for Nuremberg law - or international laws anchored in Nuremberg Principles
- does not recognize the applicability of statutes of limitations, as
set froth in the Convention on the Non-Applicability of Statutory Limitations
to War Crimes and Crimes Against Humanity".[57]
The Doctrine of non-recognition
Hersch Lauterpacht points out that
the doctrine of non-recognition is based on the principle of ex injuria
non oritur jus: "This construction of non-recognition is based
on the view that acts contrary to international law are invalid and
cannot become a source of legal rights for the wrongdoer. That view
applies to international law one of 'the general principles of law recognized
by civilized nations.' The principle ex injuria jus non oritur is one
of the fundamental maxims of jurisprudence. An illegality cannot, as
a rule, become a source of legal right to the wrongdoer."[58].
Similarly, the "Friendly Relations" Resolution of the General
Assembly stipulates that: "No territorial acquisition resulting
from the threat or use of force shall be recognized as legal."[59]
In cases of "ethnic cleansing", the rights of the entire international
community have been affected, and every State is obliged to refrain
from giving recognition or effect to the consequences of the crime.
See, for instance, Article 10 of the Declaration of the United Nations
Sub-Commission on Promotion and Protection of Human Rights concerning
the illegality of population transfers, which provides in part: "Where
acts or omissions prohibited in the present Declaration are committed,
the international community as a whole and individual States, are under
an obligation ... not to recognize as legal the situation created by
such acts..."[60]
On 9 July 2004 the International Court of Justice issued an Advisory
Opinion on the Legality of the Construction of a Wall by Israel, concluding
that States had an obligation of non-recognition: "Given the character
and the importance of the rights and obligations involved, the Court
is of the view that all States are under an obligation not to recognize
the illegal situation resulting from the construction of the wall in
the Occupied Palestinian Territory, including in and around East Jerusalem.
They are also under an obligation not to render aid or assistance in
maintaining the situation created by such construction."[61]
Bringing the Istanbul pogrom before an international
tribunal
Although Turkey ratified the European
Convention on Human Rights and was bound by its provisions when the
Istanbul pogrom took place, the individual complaints procedure before
the European Court under article 34 of the Convention requires that
petitions be submitted within six months after the exhaustion of domestic
remedies. Bearing in mind that the events occurred 51 years ago, the
Court would declare the petition inadmissible ratione temporis pursuant
to article 35, paragraph 1, of the Convention.
Inter-state complaints, however, may be lodged under article 33 of the
Convention and any State party to the Convention could submit such an
inter-state application. The friendly settlement procedure could lead
to appropriate lump-sum reimbursement to the victims and their survivors.
Turkey ratified the International Covenant on Civil and Political Rights
in 2003 and acceded to the Optional Protocol thereto in November 2006.
By virtue of the OP. the Human Rights Committee is thus competent to
examine individual complaints against Turkey. However, Turkey has made
a reservation to the OP restricting its application to facts and events
occurring prior to the entry into force of the OP for Turkey, thus excluding
an examination of the violations of the right to life (article 6) and
cruel and degrading treatment (article 7) accompanying the Istanbul
pogrom. Turkey has also not given the declaration under article 41 of
ICCPR, which would give the Committee competence to entertain inter-state
complaints. Thus, the only avenue of redress would be through the examination
of Turkey's periodic reports to the Human Rights Committee under article
40 ICCPR. Although this is not a complaints procedure, the Human Rights
Committee would take cognizance of the failure of the State party to
give appropriate restitution and compensation to the victims of the
Istanbul pogrom.
Pursuant to article 34 of the Statute of the International Court of
Justice, only States may be parties in cases before the Court. Thus,
individuals or groups lack standing before the ICJ Although the Court
can examine ad hoc cases submitted by States parties, it cannot do so
if one of the parties does not accept the ICJ's competence, and Turkey
has let its declaration under article 36(2), recognizing as compulsory
ipso facto the jurisdiction of the Court expire.
A contentious case concerning the 1948 Genocide Convention, however,
could be entertained notwithstanding the absence of a declaration by
Turkey under article 36, paragraph 2 of the Statute. Indeed, pursuant
to article 36, paragraph 1, this would be possible, because Turkey is
a State party to the Genocide Convention, which stipulates in article
IX that "Disputes between the Contracting Parties relating to the
interpretation, application or fulfillment of the present convention,
including those relating to the responsibility of a State for genocide
or for any other acts enumerated in article III, shall be submitted
to the International Court of Justice at the request to any of the parties
to the dispute." Greece is also a party to the Genocide Convention
since 8 December 1954, i.e. prior to the Istanbul pogrom. Accordingly,
it would be possible for Greece (or for any other State party to the
Genocide Convention) to argue before the ICJ that the Istanbul pogrom
constituted "genocide" within the meaning of the Convention,
and that Turkey is obliged to ensure appropriate compensation to the
victims and their survivors.
Greece (or any State party to the Genocide Convention) could also invoke
article VIII of the Genocide Convention, which provides that any contracting
party may call upon the competent organs of the United Nations to take
such action as they consider appropriate for the "suppression"
of genocide. "Suppression" must mean more than just retributive
justice. In order to suppress the crime, it is necessary to suppress,
as far as possible, its consequences. This entails, besides punishing
the guilty, providing restitution and compensation to the surviving
generations.
Another possibility would be to have the United Nations General Assembly,
pursuant to article 96 of the UN Charter, refer the matter to the ICJ
for an advisory opinion, as was done in the cases of the "Legal
Consequences for States of the Continued Presence of South Africa in
Namibia (South West Africa) notwithstanding Security Council Resolution
276 (1970)" (1970-1971), and "Legal Consequences of the Construction
of a Wall in the Occupied Palestinian Territory" (2003-2004). The
ICJ could, pursuant to article 65 of the ICJ Statute, consider the question
whether the consistent pattern of Turkey's anti-Greek measures constituted
"crimes against humanity" or "genocide", and could
then fix the level of compensation and restitution required.
Admittedly, the criminal law aspects of the Genocide Convention are
of lesser relevance in the context of the Istanbul pogrom, since most
of the principal perpetrators of the Septembriana are no longer alive,
or are too old to be prosecuted. On the other hand, the Greek properties
that were destroyed and not sufficiently compensated for, give rise
to legitimate claims against the Turkish State. In this context, it
is worth noting the important restitution of many churches and monasteries
in the ex Soviet republics including Armenia, restitution that was effected
in the 1990's for confiscations that had occurred seventy years earlier,
following the Bolshevik revolution.[62]
Based on this precedent, compensation for the damage caused to Greek
churches and monasteries would appear not just morally mandated, but
also implementable in practice.
A determination of the crime of genocide by the International Court
of Justice would facilitate the settlement of claims for restitution,
including the identification of cultural and other properties destroyed,
such as churches, monasteries and other assets of historic and cultural
significance to the Greek communities of Turkey.
Conclusion
The Istanbul pogrom was a phase in
the Ottoman/Turkish policy of elimination of the Greek presence from
their 3,000 - year old homelands in Asia Minor, Thrace, the Aegean and
Constantinople itself . Seen in the context of a centuries-old process
of discrimination, massacres and expulsion, it can be classified as
a form of genocide. At the same time, the Istanbul pogrom also falls
within the definition of crimes against humanity in the Nuremberg Statute
and in the Statute of the International Criminal Court. Because these
crimes are not subject to statutes of limitation, Turkey still has important
international legal obligations to meet.
Turkey aspires to membership in the European Union, which is a community
not only of commercial interests but also of certain fundamental moral
values. By acknowledging its responsibility for the Istanbul pogrom,
for other massacres, and for the consistent pattern of religious intolerance[63],
Turkey would make its commitment to human rights, including the right
to truth[64], more credible. It
is incompatible with this commitment to human rights when those responsible
for the Istanbul pogrom are rehabilitated and schools and airports are
named after them. This poses a serious challenge to the European community.[65]
A modern, democratic Turkey, bound by the European Convention on Human
Rights and the International Covenant on Civil and Political Rights,
must still address these issues.
© Alfred de Zayas, J.D. (Harvard), Dr.phil. (Göttingen)
Professor of International Law,
Geneva School of Diplomacy
Professor of International Relations, Schiller International University
(Leysin)
Visiting Professor of Law (masters program), Universidad de Alcala
de Henares (Madrid)
Former visiting professor of Law, Institut Universitaire de Hautes
Etudes Internationales (Gèneve), DePaul University College of
Law (Chicago), University of British Columbia (Vancouver), Univesität
Trier, Académie Internationale du Droit Constitutionnel (Tunis)
Former Secretary, UN Human Rights Committee, Chief of Petitions Division
at the Office of the UN High Commissioner for Human Rights
Author of "Nemesis at Potsdam" (Routledge), "The German
Expellees" (Macmillan), "Heimatrecht ist Menschenrecht"
(Universitas), "Human Rights in the Administration of Criminal
Justice" (with Cherif Bassiouni) (Transnational), etc.
Président, P.E.N. International, Centre Suisse romand
zayas@bluewin.ch
http://alfreddezayas.com/
--------------------------------------------------
[1] "Pogrom"
is a term commonly used to refer to anti-Jewish riots in Russia, particularly
in 1881-82, 1903. and 1905 in Odessa, Kiev and other cities and villages
of the Russian Empire One of the most infamous massacres was the Kishinev
Pogrom of 6-7 April 1903, in which 47 Jewish persons lost their lives
and mob violence caused considerable property damage in Chisinau, the
capital of Bessarabia (now the Republic of Moldova). Parallels can be
drawn to the events of 6-7 September 1955 in Istanbul, where the number
of Greek victims was also relatively low and the involvement of the
Russian (Turkish) authorities in the preparation of the riots and the
failure of the Russian (Turkish) authorities to repress them raise the
same issue of State responsibility. Both the pogroms against the Jewish
population of Russia and the September 1955 massacres in Istanbul led
to mass emigration of the Jewish population of Russia and of the Greek
population of Istanbul. See John
Klier, "Pogroms , Pre Soviet Russia" in Dinah Shelton
(ed.) Encyclopedia of Genocide and Crimes Against Humanity, Macmillan
Reference, 2004, Vol. II, pp. 812-815. Of similar magnitude was the
Kielce pogrom on 4 July 1946 in Kielce, Poland, where some 41 Jewish
Holocaust survivors were massacred during riots in Kielce, Poland.
[2] Theodoros
Karakostas, "Black September",
http://www.greece.org:8080/opencms/opencms/HEC_Projects/Genocide/en/6_Archiv
[3] Article
6 c) of the Statute of the Nuremberg Tribunal of 1945.
[4] Rita
Thalmann, "Kristallnacht"
in Dinah Shelton, Encyclopedia of Genocide, vol. 2, pp. 626-628.
No less than 257 synagogues and some 7,500 shops were destroyed or damaged.
The number of Jews killed in the rioting is unknown, estimates between
36 and 91 being frequently given.
[5] Convention
on the Prevention and Punishment of the Crime of Genocide, approved
and proposed for signature and ratification by General Assembly Resolution
260 A (III) of 9 December 1948; entry into force 12 January 1951, in
accordance with article XIII. 140 States parties in January 2006.
[6] Speros
Vryonis, The Mechanism of Catastrophe,
New York, 2005, Appendix B, List of the dead in the pogrom, pp. 581
et seq. Thirty victims are identified, three unidentified bodies were
dug out of destroyed shops, three burned bodies were found in a sack
in Besiktas. Leonidas Koumakes, The Miracle, Athens
1982, speaks of the death of over twenty people, pp. 54-55. Lois
Whitman of Helsinki Watch lists fifteen deaths in The Greeks of Turkey,
p. 50, Senator Homer Capehart and journalist Noel Barber report sixteen
deaths.
[7] Helsinki
Watch (Human Rights Watch) The
Greeks of Turkey, New York, 1992, pp. 6-8 "After the population
exchange there were between100,000 and 110,000 Greeks in Turkey, most
of them in Istanbul and a smaller number on the islands of Imbros and
Tenedos. Today, the Greek community does not appear to number more than
2,500 - about 2,000 in Istanbul and about 480 on the two islands."
In his report of 11 August 2000 to the UN General Assembly on the "Elimination
of All Forms of Religious Intolerance", the Special Rapporteur,
Abdelfattah Amor, quotes statistics of the Turkish Ministry of Foreign
Affairs according to which there were between 3,500 and 4,000 Orthodox
Greeks in Turkey. UN Doc. A/55/280/Add,1, p. 3.
[8] On
2 August 2001, Trial Chamber I of the International Criminal Tribunal
for the Former Yugoslavia (ICTY) ruled that the events at Srebrenica
in July 1995 constituted "genocide". The actual number of
persons killed in Srebrenica is, however, unknown. Of the 7,000 missing
Muslims, 2,028 bodies were actually exhumed from mass graves, and the
Chamber noted that a number of these had died in combat.
[9] In
his report of 11 August 2000 to the UN General Assembly on the Elimination
of All Forms of Religious Intolerance, the Special Rapporteur, Abdelfattah
Amor reports on his findings during his visit to Turkey from 30 November
to 9 December 1999. He reflected his impressions from consultations
with the authorities and with non-governmental organizations and independent
Turkish experts. He put the prevailing intolerance in historical context:
"In its relations with Europe, the Ottoman Empire had to deal with
the question of its non-Muslim minorities in the context of European
claims to hegemony, often expressed under the pretext of providing protection
for these minorities. In these circumstances Turkish society felt itself
weakened and under threat and attempted to find scapegoats within its
midst, in this case the Christians ... during the first world war ...
when it came to the Greeks in the Aegean, the State, acting on the basis
of nationalistic ideas, drove out the Greek community by instigating
night-time attacks on farms, and popularized its efforts by mobilizing
the Muslim religion against the Christians. After the establishment
of the Republic... the State pursued this nationalistic bent, including
its anti-Christian component... in particular in 1932, legislation prohibited
Greeks from practicing certain professions (for example, law 2007);
in 1942, a wealth tax was aimed primarily at non-Muslims, who were economically
very active, in an effort to Turkicize the economy bz imposing prohibitive
taxes that forced people to sell their property; in 1955, anti-Christian
riots broke out, apparently linked to the Cyprus issue (a bomb was placed
bz an official of the Ministry of the Interior at the family home of
Ataturk in order, it was alleged, to provoke attacks on Christians);
in 1964, as a result of tensions over the Cyprus issue, Turkey broke
its agreement with Greece and prohibited all commercial dealings by
Greeks holding a Greek passport, leading thereby to the departure of
some 40,000 Greeks... " UN Doc. A/55/280/Add.1, paras 62-63. In
1992 Helsinki Watch noted "On October 11, 1964, the Turkish newspaper,
Cumhuriyet, reported that 30,000 Turkish nations of Greek descent
had left permanently, in addition to the Greeks who had been expelled.
The Greeks were not allowed to sell their houses or property or to take
money from their bank accounts". Helsinki
Watch, The Greeks in Turkey
p. 9. See also Ministerial Decree No. 6/3807/1964 ordering the seizure
of all real property and bank accounts belonging to Greek citizens.
Ministerial Decree No 3706/1964 prohibited Greek citizens from acquiring
real property in Turkey.
[10] The
Cyprus issue was a convenient pretext to incite the populace to violence
against the Greeks. The Ottoman and Turkish governments had a long established
policy against the Greek minorities, which manifested itself not only
in riots, but also in the anti-Greek laws (reminiscent of the Nazi Nuremberg
laws) that excluded Greeks from certain professions, the special Wealth
Tax of 1942, the recruitment of Greeks and Armenians into special work
battalions during World War II, etc. Vryonis,
op. cit., pp. 32-48.
[11] Alexis
Alexandris,
Greek Minority of Istanbul, Centre for Asia Minor Studies, Athens,
1992, p. 256.
[12] On
6 September Istanbul papers carried headlines like "Greek terrorists
defile Atatürks birthplace". On 7 September 1955 Turkish State
radio carried a broadcast saying in part: "The criminal attack
undertaken against the house of our dear Atatürk and our consulate
in Salonika, added to the deep emotion created over a period of months
in public opinion by the developments in connection with the question
of Cyprus... has provoked demonstrations on the part of large masses
which have continued ... in Istanbul until late last night." Quoted
in Vryonis,
op cit. p. 118, 193.
[13] The
agent provocateur in Thessaloniki, the student Oktay Engin, was acquitted
at the Yassiada Trial, and lived to occupy high positions in the Turkish
State after the Istanbul pogrom. Vryonis,
op. cit., p. 530.
[14] According
to various sources the riots began in various parts of Istanbul and
Izmir between 4 and 8 p.m. Vryonis brings a table according to which
the pogrom struck Yedikule, Samatya, Beyoglu, Siraselviler, Yesilkoy
at 7 p.m, Edirnekapi at 8:30 pm, Kalyoncu Kulluk at 9 p.m., Aksaray
at 11 p.m., Kurtulus "when night fell", and Kuzguncuk "after
midnight". Op cit. p. 103-4.
[15] The
Patriarchate in dispatch 139 (Istanbul to Washington DC) reported that
61 churches, 4 monasteries, 2 cemeteries and 36 Greek schools had been
devastated. Vryonis, op.
cit., p. 268. Between chapters three and four of the book, Vryonis
publishes inter alia photos of the destroyed churches of Saint Constantine
and Helen, Saint George Kyparissas, Saint Menat in Samatya, Saint Theodoroi
in Langa, Church of the Metamorphonis, the Panagia in Belgratkapi ,
etc. as well as cemeteries and the open and desecrated tombs of the
ecumenical patriarachs. Op. cit. between pages 288 and 289 in
a 90 picture section. These photographs of the destructions were taken
by D. Kaloumenos and smuggled out of Turkey by the Journalist
G. Karagiorgas.
The Athens Newspaper Ethnos published some early photos on 12/9/1955.
D. Kaloumenos published more photos in Greece after his expulsion
from Turkey in 1957 (The Crucifixion of Chirstianity,4th edition, Athens
2001). According to the Report of Human Rights Watch, The Greeks in
Turkey, "More than 4,000 Greek shots were sacked and plundered;
38 Churches were burned own and 35 more churches vandalized; two monasteries
and the main Greek Orthodox cemeteries were vandalized and, in some
cases, destroyed; more than 2,000 Greek homes were vandalized and robbed,
and 52 Greek schools were stripped of their furniture, books and equipment."
p. 8
[16] Targets
were premarked with paint, and the attackers had lists, as had happened
in Kristallnacht.
[17] Vryonis,
op.cit.,
p. 211.
[18] The
American Consul-General telegraphed the US State Department that "the
destruction was completely out of hand with no evidence of police or
military attempts to control. it. I personally witnessed the looking
of many shops while the police stood idly by or cheered on the mob."
Helsinki Watch,
The Greeks of Turkey, 1992, p. 7.
[19] Helsinki
Watch is a New York-based non governmental organization, founded in
1978. It subsequently changed its name to Human Rights Watch.
[20] Vryonis,
op. cit., p. 222. The estimates go to 2000 rapes. One of the most
frequently mentioned cases of rape involved the Working Girls' Hostel
on the island of Büyükada (Prinkipo). List of victims were
established by the Ecumenical Patriarchate and by the Greek Consul General.
[21] Ibid.,
p. 224.
[22] The
United States Consulate in Istanbul sent a dispatch to the State Department
on 27 September 1955: "A survey of the damage inflicted on public
establishments of the Greek Community of Istanbul during the rioting
on the night of September 6-7 shows that the destruction caused has
been extremely widespread. In fact, only a very small percentage of
community property appears to have escaped molestation. Although there
are as yet no figures available assessing the damage sustained, the
number of establishments attacked and the nature of the destruction
caused ... convey a clear picture of the scope of the devastation. In
most cases the assault on these establishments involved a thorough wrecking
of installations, furniture, equipment, desecration o f holy shrines
and relics, and looting. In certain instances serious damage was inflicted
on the buildings themselves by fire." Helsinki
Watch, the Greeks of Turkey,
1992, p. 7.
[23] Vryonis,
op. cit., p. 248. According to the Istanbul police, 2,572 Greek
businesses, 741 Armenian and 523 Jewish were destroyed. Vryonis provides
a list of 329 destroyed businesses on pp.251-259. On a separate table
he lists a survey according to which 1,100 shops and 600 homes owned
by Greek nationals were destroyed, and 3,000 shops owned by Turkish
citizens of Green ethnic origin (the Greek minority) and 1,500 homes,
p. 270.
[24] Vryonis,
op. cit., p. 220.
[25] Menderes
was convicted primarily because of "abuse of discretionary funds"
and less because of the pogrom itself. Bearing in mind the gravity of
their offences, it is worrisome to note that young generation of Turks
know little or nothing about their crimes and that subsequent governments
have honored the memory of Menderes, Zorlu and Polatkan. A university
in Aydin and the international airport in İzmir are named after
Menderes, and his name has been given to two high schools, namely, Istanbul
Bahcelievler Adnan Menderes Anadolu Lisesi, and Aydin Adnan Menderes
Anadolu Lisesi.
[26] Alfred
de Zayas, The Genocide Against
the Armenians 1915-1923 and the Relevance of the 1948 Genocide Convention,
Brussels, 2005, p 3. See also Egon
Schwelb, "Crimes Against Humanity",
23 British Yearbook of International Law (1946), 178-226 at 181.
Jean-Baptiste Racine,
Le génocide des Arméniens. Origine et permanence du crime
contre l'humanité, Dalloz-Sirez, 2006. Reymond
Kevorkian, Le Génocide des
Arméniens, Odile Jacob, 2006
[27] Pursuant
to article 230 of the Treaty of Sèvres: "The Turkish Government
undertakes to hand over to the Allied Powers the persons whose surrender
may be required by the latter as being responsible for the massacres
committed during the continuance of the state of war on territory which
formed part of the Turkish Empire on the 1st August 1914. The Allied
Powers reserve to themselves the right to designate the Tribunal which
shall try the persons so accused and the Turkish Government undertakes
to recognize such Tribunal
." American Journal of International
Law , Volume 15, Supplement, 1921, Official Documents, p. 235. The
officers of the Ottoman State who had been imprisoned in Malta and should
have been tried for crimes against humanity were granted an amnesty
by virtue of the Treaty of Lausanne of 1923. See also
William Schabas, Genocide in
International Law, Cambridge University Press, pp. 20-22.
[28] Article
144 of the Treaty of Sevres stipulated: "The Turkish Government
recognizes the injustice of the law of 1915 relating to Abandoned Properties
(Emval-I-Metroukeh), and of the supplementary provisions thereof, and
declares them to be null and void, in the past as in the future. The
Turkish Government solemnly undertakes to facilitate to the greatest
possible extent the return to their homes and re-establishment in their
businesses of the Turkish subjects of non-Turkish race who have been
forcibly driven from their homes by fear of massacre or any other form
of pressure since January 1, 1914. It recognizes that any immovable
or movable property of the said Turkish subjects or of the communities
to which they belong, which can be recovered, must be restored to them
as soon as possible, in whatever hands it may be found
. The Turkish
Government agrees that arbitral commissions shall be appointed by the
Council of the League of Nations wherever found necessary. .. These
arbitral commissions shall hear all claims covered by this Article and
decide them by summary procedure." American Journal of International
Law, Volume 15, Supplement, 1921, Official Documents, p. 210.
[29] André
Mandelstam, La Societé des
Nations et les puissances devant le Problème Arménien,
2d. ed. 1970.
[30] Paul
Helmreich, From Paris To Sèvres,
Ohio State University Press, Columbus, 1974, pp. 131 et seq.
[31] Although
U.S. diplomats had condemned the genocide as early as 1915, the U.S.
Government did not take any action to redress the injustices after the
war. It is worth remembering that U.S. Ambassador Henry Morgenthau,
Sr., had called the massacres "race murder" and that on 10
July 1915 he had cabled Washington with the following description of
the Ottoman policy: "Persecution of Armenians assuming unprecedented
proportions. Reports from widely scattered districts indicate systematic
attempt to uproot peaceful Armenian populations and through arbitrary
arrests, terrible tortures, whole-sale expulsions and deportations from
one end of the empire to the other accompanied by frequent instances
of rape, pillage, and murder, turning into massacre, to bring destruction
and destitution on them. These measures are not in response to popular
or fanatical demand but are purely arbitrary and directed form Constantinople
in the name of military necessity, often in districts where no military
operations are likely to take place." Samantha
Power, A Problem from Hell. America
and the Age of Genocide, Basic Books, New York, 2002, p. 6.
[32] Adopted
by General Assembly resolution 2391 (XXIII) of 26 November 1968, entry
into force 11 November 1970. Black's Law Dictionary defines prescription
as the "effect of the lapse of time in creating and destroying
rights." Black's Law Dictionary 1201 (7th ed. 1999). .
[33] When
a State breaches an obligation erga omnes, it injures every other State.
Thus, every State is concerned and has standing to raise a claim for
redress. Certain obligations that apply to the entire community of States
are, for instance, the obligation to refrain from committing jus cogens
crimes such as aggression, torture and genocide See J.A. Frowein "Obligations
erga omnes" in R. Bernhardt
(ed.), Encyclopedia of Public International Law, vol. 3, 1997,
pp. 757-759.
[34] Under
customary international law, as codified in the Rome Statute of the
International Criminal Court, crimes against humanity are defined as
any of the following acts when committed as part of a widespread or
systematic attack directed against any civilian population, with knowledge
of the attack:
(a)
Murder;
(b) Extermination;
(c) Enslavement;
(d) Deportation or forcible transfer of population;
(e) Imprisonment or other severe deprivation of physical liberty
in violation of fundamental rules of international law;
(f) Torture;
(g) Rape, sexual slavery, enforced prostitution, forced pregnancy,
enforced sterilization, or any other form of sexual violence of comparable
gravity;
(h) Persecution against any identifiable group or collectivity
on political, racial, national, ethnic, cultural, religious,
gender as defined in paragraph 3, or other grounds that are universally
recognized as impermissible under international law, in connection
with any act referred to in this paragraph or any crime within the
jurisdiction of the Court;
(i) Enforced disappearance of persons;
(j) The crime of apartheid;
(k) Other inhumane acts of a similar character intentionally
causing great suffering, or serious injury to body or to mental or
physical health. Rome Statute of the International Criminal Court,
July 17, 1998, art. 7(1), 2187, U.N.T.S. 90, entered into force July
1, 2002.
[35] General Assembly Resolution
47/121 of 18 December 1992, adopted by a recorded vote of 102 in favour,
0 against, and 57 abstentions.
[36] Adopted
22 December 1995.
[37] By
Resolution 95 (1) of 11 December 1946, the General Assembly "affirms
the principles of international law recognized by the Charter of the
Nürnberg Tribunal and the judgment of the Tribunal", and in
Resolution 96 (1) of the same date, it confirmed "that genocide
is a crime in international law, which the civilized world condemns,
and for the commission of which principals and accomplices - whether
private individuals, public officials or statesmen, and whether the
crime is committed on religious, racial, political or any other grounds
- are punishable".
[38] There
are many analogies to be drawn between the Kristallnacht of 1938 and
the Istanbul pogrom 1955. Both had as driving force the governmental
intention to terrorize the targeted group so that they would leave.
Both made an effort to restrict the number of persons killed, so as
to avoid unnecessary international or diplomatic outrage. Both should
be seen in the larger historical context. But while the Kristallnacht
can be seen as the beginning of the Holocaust, the Istanbul pogrom can
be seen as one of the last phases in the "ethnic cleansing"
of the Greeks from territories under Muslim-Turkish jurisdiction. International
Military Tribunal, Trial of the
Major War Criminals, Nuremberg, Vol. I, pp. 248, 271.
[39] On
2 August 2001 General Krstic was the first person to be convicted of
genocide by the ICTY. http://www.un.org/icty/pressreal/p609-e.htm
[40] See
Akayesu Judgment, Case No. ICTR-96-4-T.
[41] http://www.un.org/icty/foca/trialc2/judgement/index.htm
See also Prosecutor v. Anto Furundzija, Case No. IT-95-17/1-T and
Celebici Judgment: Prosecutor v. Delalic, Mucic, Delic, and Landzo,
Case No. IT-96-21-T. See also "ICTY Prosecutor, Carla Del Ponte,
Releases Background Paper on Sexual Violence Investigation and Prosecution,"
Press Release, The Hague, 8 December 1999.
[42] Ahmet
Hamdi Basar, a former member of
both parliament and the Demokrat-Parti wrote during the 1960 tribunals:
"From the first day it had become clear that the events of September
6-7 had been organized by those who governed." Yasadigimiz devrin
ic yüzü, Ankara, 1960, p. 90. See also Vryonis,
op.cit., p. 43.
[43] Malcolm
Shaw, International Law,
p. 481 "A breach of an international obligation gives rise to a
requirement for reparation"; Wladyslaw Czaplinski, State Succession
and State Responsibility, in Canadian Yearbook of International law
339 (1991): "State responsibility is a legal relationship created
through the violation of an international legal obligation by a State;
that violation gives rise to the duty to compensate for any resulting
damage, one of the oldest principles of international law and universally
recognized in international practice." Karl Zemanek,
"Responsibility of States: General Principles" in R.
Bernhardt (ed.), Encyclopaedia of Public International Law,
Vol. 4, 2000, pp. 219-229; Mohammed Bedjaoui, "Responsibility of
States: Fault and Strict Liability", in Bernhardt
(ed.), pp. 212-216. Irwin Cotler, "Confiscated Jewish
Property: The Holocaust, Thefticide and Restitution: A Legal Perspective"
in : 20 Cardozo Law Review, December 1998, pp. 601-624, p. 610.
[44] Chorzow
Factory Case (Germany v. Poland) , 1928 P.C.I.J. (ser. A) No. 17. p.
29. Ignaz Seidl-Hohenveldern, "German Interests in Polish Upper
Silesia Cases", in R. Bernhardt
(ed.), Encyclopaedia of Public International Law, vol. II, 1995,
pp, 550-553.
[45] Karl
Zemanek, (op. cit. footnote
43), p. 226.
[46] Fédération
nationale des deportés et internés et patriots et al v. Barbie
, 78 International Law Reports 125, p. 135. See Doman,
"Aftermath of Nuremberg: The Trial of Klaus Barbie", 60 Colorado
Law Review 449 (1989).
[47] Nouveau
Code penal de 1994, Arts. 211-1 to 213-5. Jacques
Francillon, "Aspects juridiques
des crimes contre l'humanité", in L'actualité du Génocide
des Arméniens, Edipol. 1999, pp. 397-404 at 398.
[48] Inter-American
Court, Barrios Altos Case, Judgment of 14 March 2001, p. 41. See also
31. General Assembly Resolutions 2338(XXII) of 18 December 1967, 2583
(XXIV) of 15 December 1969, 2712 (XXV) of 15 December 1970: 2840 (XXVI)
of 18 December 1971, 3029 (XXVII) of 18 December 1972; 3074 (XXVIII)
of 3 December 1973, etc.
[49] A
leading international law expert in Europe, the late Professor Felix
Ermacora, member of the UN Human Rights Committee, member of the European
Commission on Human Rights, and Special Rapporteur of the UN Commission
on Human Rights for Afghanistan and Chile, maintained this view. In
a legal opinion on the continuing obligation to grant restitution to
the expelled Germans from Czechoslovakia, some 250,000 of whom had perished
in the course of their ethnic cleansing 1945-46, Ermacora wrote: "Ist
die Konfiskation von Privatvermögen Teil eines Völkermordes,
so ist auch ihre Rechtsnatur Teil eines Rechtsganzen. D.h. der Vermögensentzug
hatte für sich selbst im vorliegenden Gesamtzusammenhang Völkermordcharakter
. Er unterliegt auch der Beurteilung aufgrund der Völkeremordkonvention,
deren Partner sowohl die BRD als auch die Tschechoslowakei ist. Entsprechend
den Regeln internationalen Rechts sind die Akte des Völkermordes
- so auch die Vernichtung von Lebensbedingungen, wie sie durch einen
totalen Vermögensentzug stattgefunden haben und mit der Vertreibung
kombiniert waren, zumindest nach der Konvention über die Nichtverjährbarkeit
von Verbrechen gegen die Menschlichkeit nicht verjährbar."
Ermacora,
Die Sudetendeutschen Fragen, Munich, 1992, p. 178.
[50] Irwin
Cotler, op. cit.,
p. 609. Sabine Thomsen, "Restitution"
in R. Bernhardt
(ed.), Encyclopaedia of Public International Law, vol. 4, 2000,
pp. 229-32. "Nuremberg 50 years later: The restitution of Jewish
Property and Norwegian Justice", Nordic Journal of International
Law, 1998, No. 3, pp. 275-287.
[51] Commission
on Human Rights, fifty-third session, Doc. E/CN.4/1997/104. Compare
with the first report by Professor Theo van Boven E/CN.4/Sub.2/1993/8
of 2 July 1993, section IX, and the second report C/CN.4/Sub.2/1996/7
of 24 May 1996.
[52] Special
Rapporteur Louis Joinet, Principle 36 in document E/CN.4/Sub.23/1997/20
of 26 June 1997 and Principle 33 in Document E/CN.4/Sub.2/1997/20/Rev.1
of 2 October 1997.
[53] UN
Doc. A/RES/60/147, 21 March 2006.
[54] Peter
D. Maddaugh and John D. McCamus,
Law of Restitution, Aurora, Ontario, 1990, pp. 484-493. Even
in the Old Testament we find an admonition against unjust enrichment,
King James Version, 1 Kings, Chapter 21, verse 19: "Thus saith
the Lord, Hast thou killed, and also taken possession?" The story
is that Naboth, a man from Jezreel, had a vineyard on the outskirts
of the city near King Ahab's palace. The King coveted the land, because
it was convenient to his palace, but Naboth did not want to sell, because
the vineyard had been in his family for generations. Jezebel, Ahab's
wife, persuaded the King to have Naboth falsely accused of blasphemy
and stoned to death. When King Ahab went to take possession of the vineyard,
Elijah came to him and admonished the King: "Isn't killing Naboth
bad enough? Must you rob him, too? Because you have done this, dogs
shall lick your blood outside the city just as they licked the blood
of Naboth!" , The Living Bible (new translation), Tyndale House
Publishers, Wheaton, Illinois.1971.
[55] J.
W. Wade, "Acquisition of Property
by willfully killing another - A Statutory Solution", 49 Harvard
Law Review, pp. 715 et seq. (1936); W.
M. McGovern, "Homicide and
Succession to Property" (1969) 68 Michigan Law Review, p.
65 et seq. There is ample case-law stating that "it is against
public policy for a person who is guilty of feloniously killing another
to take any benefit in that other person's estate" Re Johnson,
(1950) 2 D.L.R. 69, at pp. 75-6 D.L.R., 1 W.W.R. 263.
[56] (sic)
imprescriptible.
[57]
Irwin Cotler,
op.cit., p. 621.
[58] H.
Lauterpacht. Recognition in International
Law. Cambridge, University Press, 1947 p. 420.
[59] GA
Res.2625 of 24 October 1970. See also the Report of the United Nations
International Law Commission ,53rd session 2001, commentary to Article
41 of the Draft Report on Responsibility of States, GAOR, 56th Session,
Supp. No. 10 (A/56/10), 2001, pp. 289-290. para. 9. See also Arts. 26
and 20 of the ILC Articles on State Responsibility.
[60] Al
Khasawneh Report, UN Doc. E/CN.4/Sub.2/1997/23.
[61] Para.
159. http://www.icj-cij.org/icjwww/idocket/imwp/imwpframe.htm
[62] Dickran
Kouymjian, "La confiscation
des bien et la destruction des monuments historiques comme manifestations
du processus génocidaire" in L'actualité
du Génocide des Arméniens,
op cit., p. 227.
[63] See
the Report on his visit to Turkey by Special Rapporteur Abdelfattah
Amor "Elimination of all forms of religious intolerance" to
the UN General Assembly, A/55/280/Add.1, and its recommendation "The
Government should take all necessary measures , consistent with international
human rights standards, to combat hatred, intolerance and acts of violence,
intimidation and coercion motivated by religious intolerance."
[64] On
20 April 2005 the United Nations Commission on Human Rights adopted
a relevant resolution entitled "The Right to Truth", UN Doc.
E/CN.4/2005/66.
[65] The
awkwardness of the prevailing situation becomes even more striking in
the following hypothetical situation: How would the international community
react, if the post-war German Government would name streets after Josef
Goebbels and Reinhard Heydrich, the architects of Kristallnacht? What
would the reaction of the international community had been, if, instead
of making moral and material reparation, the German government had refused
to render restitution and compensation to the victims and their survivors?
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The Greeks of Constantinople, Athens 1994.
Alexis Alexandris, The Greek minority of Istanbul and Greek-Turkish
relations 1918-1974. Athens 1983
Cherif Bassiouni, Crimes Against Humanity in International
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Dimitrios Kaloumenos, The Crucifixion of Christianity,
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Roger Clark, "Crimes Against Humanity at Nuremberg",
in George Ginsburgs and Vladimir Kudriaytsev (eds.), The Nuremberg
Trials and International Law, pp. 179 et seq.
Vahakn Dadrian, The History of the Armenian Genocide. Ethnic
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Rhode Island, 1995.
Vahakn Dadrian, "The Documentation of the World War I Armenian
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George Ginsburgs and Vladimir Kudriavtsev (eds.), The Nuremberg
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Israel Gutman (ed-), Encyclopedia of the Holocaust, Macmillan,
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Donald Horowitz, Deadly Ethnic Riot, University of California
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Bernard Lewis, The Emergence of Modern Turkey, third edition
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William A. Schabas, Genocide in International Law, Cambridge
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Jacques Semelin, "Massacres" in Dinah Sehlton
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Dinah Shelton (ed.) Encyclopedia of Genocide and Crimes Against
Humanity, Macmillan Reference, 2004.
Carl Skutsch (ed.) Encyclopedia of the World's Minorities,
Routledge, London, 2005.
Telford Taylor, Anatomy of the Nuremberg Trials, Alfred
Knopf, New York 1992.
Speros Vryonis, The Mechanism of Catastrophe, New York
2005.
-- "American Foreign Policy in the Ongoing Greco-Turkish Crisis
as Contributing Factor to Destabilization" in: UCLA Journal
of International Law and Foreign Affairs 2 :1997:1. pp. 69-89.
Nicole van Wees. Ta Septemvriana. Groningen 1996.
Leni Yahl, "Kristallnacht" in Israel Gutman (ed.),
Encyclopedia of the Holocaust, Volume 2, New York 1990, pp. 836-840.
Alfred de Zayas, The Genocide Against the Armenians 1915-1923
and the Relevance of the 1948 Genocide Convention, Brussels, 2005
Erik Zürcher, Turkey: A modern history, 3rd edition,
London 2004.
Geneva, 4 November 2006
APPENDIX B
Population 2000
& 2005
|
Turkey
|
33 Countries
|
Rwanda
|
|
All Country
|
Greek
(Orthodox)
|
%o
|
Total
|
Jews
|
%o
|
Total
|
Tootsie
|
%o
|
2000
|
67.420.000
|
2.200
|
0,033
|
464.210.041
|
1.413.284
|
3,045
|
7.312.756
|
877.531
|
120,000
|
2005
|
72.065.000
|
1.800
|
0,025
|
463.451.890
|
1.375.660
|
2,968
|
8.440.820
|
1.266.123
|
150,000
|
Δχ
|
4.645.000
|
-400
|
-0,0077
|
-758.151
|
-37.624
|
-0,0762
|
1.128.064
|
388.592
|
30,0000
|
33 Countries of holocaust
Source: C.I.A. The World Fact Book
Statistics on Varlık
Vergisi, (Asset Tax) 1942
|
Imports
|
Exports
|
Trade
Balance
|
Domestic
Trade
|
Vault cash
|
Foreign
Assets
|
Gold
Prices
T.L.
|
Price
Index
|
Notes
issued
& Coins
|
Total
Tax
|
1938
|
149.836,00
|
114.947,00
|
-34.889,0
|
294.783,00
|
24,14
|
12,74
|
1.077,00
|
100,00
|
219.431,00
|
|
1939
|
118.249,00
|
127.388,00
|
9.139,00
|
245.638,00
|
21,80
|
14,08
|
1.251,00
|
111,00
|
308.649,00
|
|
1940
|
68.922,00
|
111.446,00
|
42.524,00
|
180.369,00
|
102,12
|
6,73
|
1.726,00
|
126,60
|
433.800,00
|
104.122,00
|
1941
|
74.815,00
|
123.080,00
|
48.265,00
|
197.896,00
|
102,13
|
9,34
|
2.341,00
|
175,30
|
534.502,00
|
113.937,00
|
1942
|
147.713,00
|
165.034,00
|
17.321,00
|
312.748,00
|
104,95
|
38,12
|
3.192,00
|
339,60
|
765.545,00
|
96.677,00
|
1943
|
203.046,00
|
257.151,00
|
54.105,00
|
397.475,00
|
109,24
|
92,45
|
3.151,00
|
590,10
|
833.664,00
|
220.568,00
|
1944
|
|
|
0,00
|
|
|
|
|
458,00
|
994.541,00
|
365.899,00
|
|
762.581,00 |
899.046,00 |
136.465,00 |
1.628.909,00 |
464,38 |
173,46 |
2.123,00 |
271,51 |
584.304,57 |
901.203,00 |
|
Total |
Total |
Total |
Total |
Total |
Total |
Aver. |
Aver. |
Aver. |
Total |
Schools Churches
Hospitals Total payed
Belongs to
|
Schools
|
Churches
|
Hospitals
|
Total payed
|
Latin's |
38.500,00
|
18.600,00
|
1.250,00
|
58.350,00
|
Jew's |
12.000,00
|
4.500,00
|
|
16.500,00
|
Greek's |
113.000,00
|
71.900,00
|
74.000,00
|
258.900,00
|
Armenian's |
73.550,00
|
30.800,00
|
11.500,00
|
115.850,00
|
Total
|
237.050,00
|
125.800,00
|
86.750,00
|
449.600,00
|
Foreign
Citizens |
Deptors
|
Total Tax
|
Payed
|
Payed %
|
German |
188
|
4.466.350,00
|
2.241.128,00
|
50,18
|
U.S.A. |
4
|
671.500,00
|
0,00
|
0,00
|
Bulgarian |
124
|
982.400,00
|
326.395,00
|
33,22
|
French |
85
|
2.946.000,00
|
1.024.699,00
|
34,78
|
British |
175
|
6.647.228,00
|
2.019.923,00
|
30,39
|
Iranian |
129
|
4.402.750,00
|
2.066.785,00
|
46,94
|
Spanish |
138
|
3.790.350,00
|
766.706,00
|
20,23
|
Switzerland |
57
|
1.629.032,00
|
801.516,00
|
49,20
|
Italian |
878
|
24.714.401,00
|
13.971.766,00
|
56,53
|
Σοβιετικοί |
27
|
211.000,00
|
42.683,00
|
20,23
|
Greece |
1.512
|
19.861.350,00
|
5.835.641,00
|
29,38
|
Total |
3.317
|
70.322.361,00
|
29.097.242,00
|
41,38
|
Victims On 6-7 Septembers
Spyros
Vryonis
|
Christian Greeks
in Constantinoupoli
|
Turkey
|
%o
|
Population |
144.752
|
20.947.188
|
6,910
|
Death |
37
|
0,0002
|
0,256
|
Injured |
30
|
0,0001
|
0,207
|
Raped |
300
|
0,0014
|
2,073
|
Damage by Helsinki Watch
Helsinki Watch |
Total On (1955)
|
Destroyed
|
%
|
Holy
Place |
95
|
71
|
74,737
|
Schools
|
48
|
36
|
75,000
|
News
- papers |
3
|
3
|
100,000
|
Statistics on Varlık
Vergisi, (Asset Tax) 1942
Population of Constantinople by religions
& mother languages
Total Population of Turkey |
16,157,450 |
18.790.174 |
20.947.188 |
24.064.763 |
27.754.820 |
31.391.421 |
|
|
20/10 1935 |
21/10/1945 |
22/10/1950 |
1955 |
23/10/1960 |
24/10/1965 |
Religions |
Islam |
664.937
|
870.166
|
|
1.353.122
|
1.693.488
|
2.133.179
|
Other Christians |
73.556
|
|
|
74.874
|
83.246
|
80.144
|
Orthodox
Christians |
95.956
|
76.844
|
|
67.550
|
68.118
|
47.207
|
Jews |
47.444
|
49.952
|
|
36.914
|
35.485
|
30.831
|
Others |
1.726
|
585
|
|
862
|
1.755
|
2.462
|
Total
|
883.619
|
1.017.899
|
|
1.533.322
|
1.882.092
|
2.293.823
|
Mother
Language
|
Turkish |
692.460
|
898.841
|
1.001.625
|
1.366.077
|
1.744.452
|
2.185.741
|
Armenian |
9.831
|
738
|
42.652
|
46.683
|
37.280
|
29.479
|
Greeks |
79.920
|
6.978
|
67.593
|
65.108
|
49.081
|
35.097
|
Hebrew |
6.385
|
31.777
|
28.172
|
26.853
|
16.754
|
8.608
|
Latin's |
18.251
|
17.214
|
9.005
|
10.555
|
13.728
|
15.949
|
Slav's |
8,164
|
4.070
|
3.765
|
2.118
|
4.123
|
4.180
|
Kurdish |
2.095
|
2.297
|
1.392
|
2.973
|
2.027
|
2.618
|
Other |
15.177
|
12.286
|
12.286
|
12.296
|
14.652
|
30.073
|
Total
|
832.233
|
974.273
|
1.166.490
|
1.532.663
|
1.882.097
|
2.311.745
|
Mother Languages
in all Turkey
|
|
20/10 1935 |
21/10/1945 |
22/10/1950 |
1955 |
23/10/1960 |
24/10/1965 |
Languages |
Armenian |
67.381
|
60.082
|
62.098
|
62.319
|
72.200
|
55.354
|
Greeks |
176.272
|
153.146
|
144.752
|
138.681
|
147.969
|
127.035
|
Hebrew |
46.185
|
53.819
|
39.556
|
37.117
|
23.774
|
13.491
|
Kurdish |
1.594.702
|
1.593.692
|
2.069.921
|
1.942.285
|
2.317.132
|
2.817.313
|
Source: Türkiye Nüfus Sayımlarında Azınlıklar,
1999 Doz yayınları.
"Οι μειονότητες στην Τουρκία" του
Fuat Dündar, infognomon, Αθήνα 2003.
State Institute of Statistics Prime Ministry Republic of Turkey
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ΦΩΤΟΓΡΑΦΙΚΟ ΥΛΙΚΟ

Βαρλίκι
|

Μονή
Ζωοδόχου Πηγής Βαλουκλί
|

Ναός Αγίας
Τριάδος Πέρα
|
Ναός Αγίου
Δημητρίου Ταταύλα
|

Ιερά Μονή
Χριστού (Μακαρίου) Χάλκη
|

Μονή Ζωοδόχου
Πηγής Βαλουκλί
Τάφοι Πατριαρχών
|

Ναός Αγίου
Αθανασίου Ταταύλα
|

Τάφοι
|

Φόρος Περιουσίας
|

Gonen
|
βκ
|