| Greece: European Court of Human Rights finds violations of Turks’ freedom of association | Date: 30-03-2008 |
| Author: GHM | |
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Greece: European Court of Human Rights finds violations of Turks’ freedom of association Greek Helsinki Monitor (GHM) welcomes two very important judgments published yesterday by the European Court of Human Rights (ECtHR). The ECtHR ruled that Greece violated the freedom of association of the country’s Turkish minority, by dissolving the “Turkish Association of Xanthi” established in 1927, after a 21-year procedure (1983-2005), and by refusing the registration of the “Cultural Association of Turkish Women of the Region of Rodopi” after a four-year procedure (2001-2005). In both cases, Greek courts found objectionable the use of the word “Turkish” in the title to denote the ethnic identity of a minority which is recognized by Greece only as a religious “Muslim” and not as an ethnic “Turkish” minority. In the judgments, the Court made reference to its related case law that includes similar judgments on non-recognized minorities: Bekir-Ousta and others v. Greece, (one more case on the Turkish minority); United Macedonian Organization Ilinden and others v. Bulgaria and Stankov and United Macedonian Organization Ilinden and others v. Bulgaria (three cases on the Macedonian minority); Ouranio Toxo and others v. Greece and Sidiropoulos and others v. Greece (two cases on the Macedonian minority). GHM recalls (see its release http://cm.greekhelsinki.gr/index.php?sec=194&cid=3268) that a week ago the ECtHR published the communication to the Macedonian government of another related case on the Bulgarian minority, Association of citizens “Radko” and Vladimir Paunkovski v. the former Yugoslav Republic of Macedonia. The three countries -Bulgaria, Greece and Macedonia- rival each other in denying the existence of minorities perceived as “sensitive” to their national interest. From yesterday’s judgment (whose press release follows), GHM highlights the core argument condemning those states’ non-democratic attitude towards ethnic minorities whose existence is a historical fact:
“The Court observed that even supposing that the real aim of the applicant association had been to promote the idea that there was an ethnic minority in Greece, this could not be said to constitute a threat to democratic society. It reiterated that the existence of minorities and different cultures in a country was a historical fact that a democratic society had to tolerate and even protect and support according to the principles of international law. The Court also considered that it could not be inferred from the factors relied on by the Thrace Court of Appeal that the applicant association had engaged in activities contrary to its proclaimed objectives. Moreover, there was no evidence that the president or members of the association had ever called for the use of violence, an uprising or any other form of rejection of democratic principles. The Court considered that freedom of association involved the right of everyone to express, in a lawful context, their beliefs about their ethnic identity. However shocking and unacceptable certain views or words used might appear to the authorities, their dissemination should not automatically be regarded as a threat to public policy or to the territorial integrity of a country.”
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