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Viewing cable 09THESSALONIKI45, THRACE COURT REJECTS "TURKISH UNION OF XANTHI'S" APPEAL FOR

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Reference ID Created Released Classification Origin
09THESSALONIKI45 2009-10-21 12:08 2011-08-24 01:00 UNCLASSIFIED//FOR OFFICIAL USE ONLY Consulate Thessaloniki
VZCZCXRO5852
RR RUEHAG RUEHAST RUEHDA RUEHDBU RUEHDF RUEHFL RUEHKW RUEHLA RUEHLN
RUEHLZ RUEHNP RUEHPOD RUEHROV RUEHSK RUEHSL RUEHSR RUEHVK RUEHYG
DE RUEHIK #0045 2941208
ZNR UUUUU ZZH
R 211208Z OCT 09
FM AMCONSUL THESSALONIKI
TO RUEHC/SECSTATE WASHDC 0479
INFO RUEHTH/AMEMBASSY ATHENS 0354
RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RUEHIK/AMCONSUL THESSALONIKI 0522
UNCLAS THESSALONIKI 000045 
 
SENSITIVE 
SIPDIS 
 
DEPT FOR EUR/SE, DRL 
 
E.O. 12958: N/A 
TAGS: PHUM PGOV PREL SOCI GR TU
SUBJECT: THRACE COURT REJECTS "TURKISH UNION OF XANTHI'S" APPEAL FOR 
RECOGNITION 
 
1.  (U) On 30 September, the Appeals Court in Thrace rejected an 
application by local Muslim community organization "Turkish 
Union of Xanthi" to reverse earlier decisions by national courts 
prohibiting it from being recognized and registered under that 
name.  The Union's appeal was based on a 27 March 2008 decision 
by the European Court of Human Rights that a GoG ban on use of 
the term "Turkish" violated Articles 11 (freedom of assembly and 
association) and 14 (prohibition of discrimination) of the 
European Convention on Human Rights.  The Appeals Court 
concluded that the ECHR ruling was not binding in this case 
because it focused only on the cultural activities of the 
organization and did not address the Union's political 
activities, which could potentially "endanger public order in 
the area.  "The Court also concurred with the lawyer of the 
Federation of Thracian Associations Ioannis Hatziantoniou, that 
Article 12 of the Union's organizational statutes, which deals 
with "Monitoring of Members' Social and National Beliefs" was in 
violation of Article 5 of the Greek Constitution.  In reaction 
to the verdict, the Union's lawyer Orhan Hajiibram commented 
that the court "did not interpret accurately the ruling by the 
ECHR" and Hajiibram said that he would consider the 
organization's future moves, including a possible appeal to the 
Supreme Court of Greece. 
 
 
 
2.  (SBU) BACKGROUND: The "Turkish Union of Xanthi" was 
originally established in 1928 and operated legally under that 
name until 1983, when a local Prefect decided to pursue legally 
its dissolution.  In 1986, the Appeals Court of Thrace ordered 
the Union's dissolution on the grounds that its name violated 
Lausanne Treaty provisions recognizing only a Muslim [NOTE: as 
opposed to "Turkish"] minority in Thrace.  The organization took 
the matter to Greece's Supreme Court which decided to uphold the 
original decision in 2005, thereby also violating, according to 
the ECHR, Articles 6&1 (fair hearing within a reasonable time) 
of the European Convention on Human Rights.  As noted above, in 
a 27 March 2008 ruling, the ECHR found that these court 
decisions contravened the Union's right to freedom of assembly 
and association under the European Convention, specifically 
noting that even if the aim of the organization was to promote 
the idea of a Turkish minority in Thrace, this did not 
constitute a threat to Greek national security and that Greek 
courts retained the ability to order the dissolution of the 
organization if members resorted to unconstitutional means to 
pursue their alleged goals. 
 
 
 
3.  (SBU) COMMENT:  The appeals court decision was announced 
just days prior to national parliamentary elections and thus 
elicited minimal public response.  At this time, it is unclear 
whether the Union will pursue further national or European legal 
remedies.  In addition to continuing the unresolved issues of 
freedom of association and freedom of religion associated with 
this case, the appeals court's decision to act in contravention 
of the ECHR ruling sets an important and potentially dangerous 
precedent.  Post will continue to monitor developments in the 
case and the impact of this ruling on minority organizations in 
Thrace.  END COMMENT 
 
KING