Religion – Weltanschauung – Recht [ RWR ]

The applicant, the Midyat Saint Gabriel’s Syriac Monastery Foundation (Midyat Süryani Deyrulumur Mor Gabriel Manastırı Vakfı), a foundation established under Turkish law, is a religious institution that was created during the Ottoman Empire. Its status is currently governed by Law no. 2762 of 13 June 1935, under which it is a legal entity. In particular, the Foundation manages Saint Gabriel’s Monastery (Mor Gabriel Manastırı), one of the oldest monasteries in the world, which is located in Midyat, Mardin province, where it was built in the fourth century. The case concerns the judicial authorities’ refusal to order the registration, in the applicant foundation’s name, of land that it claims has been in its possession without interruption for a long period of time and is part of the cemetery of the Syriac community.

The applicant foundation submits that the national authorities’ refusal to grant its request to have plot 15 – which it alleges is an integral part of the cemetery of the Syriac community – entered in the land register in its name constituted a violation of its rights under Article 1 of Protocol No. 1 (protection of property) and under Article 9 (right to freedom of thought, conscience and religion).

• Violation of Article 1 of Protocol No. 1

Just satisfaction

• non-pecuniary damage: € 5,000,–
• costs and expenses: € 7,000,–

Press release ECHR 271 (2023) 03.10.2023