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Xanthi Civil Court of First Instance handled the case of Xanthi Turkish Union

23.02.2009
The Xanthi Civil Court of First Instance handled the file claimed by the Xanthi Turkish Union on 19th February 2009 to retrieve the previous legal status of the Union as of before 1983. Ozan Ahmetoglu, Chairman of the Xanthi Turkish Union, members of the Union’s executive board and Western Thrace Turkish minority members participated the hearing. Attorney Orhan Haciibram represented the Xanthi Turkish Union while Attorney Anastasia Vasiliu, member of the Greek State Legal Consultancy represented the Greek side. The Xanthi Turkish Union demands the annulment of the Xanthi Civil Court of First Instance verdict abolishing the Union and to restore its previous legal status.

The Association, which was founded in 1927 under the name of “House of the Turkish Youth of Xanthi”, was renamed as “Xanthi Turkish Union” in 1936. The Union was closed down in 1983 after Xanthi Governorship had filed a petition to the Xanthi Civil Court of First Instance to suspend the activities of the Union on the grounds that there were no Turks in Western Thrace, thus the Union was redundant and should be disestablished. After resorting to all the domestic legal means, the Union applied to the European Court of Human Rights (ECHR) in July 2005. In March 2008, the ECHR convicted the Greek state for violating the Article 11 regulating the freedom of association of the European Convention on Human Rights. Subsequently, the Greek government declared that it would appeal to the ECHR Grand Chamber following the three month deadline of objection in July 2008. The ECHR Preliminary Commission consisting of 5 judges concluded unanimously that verdict of ECHR dated 27 March 2008 in favor of Xanthi Turkish Union legitimate and just.

Thrace Associations Federation intervened the case

The Thrace Associations Federation (Omospondia Trakikon Silogon) based in Selanik intervened in the case against the Xanthi Turkish Union. Yet, Union’s attorney Orhan Haciibram stated that the Thrace Association Federation did not exist at the time of Xanthi Civil Court of First Instance’s verdict on the Xanthi Turkish Union, and hence the Thrace Associations Federation did not have any right to intervene in the case. Haciibram reiterated that the Greek state should restore the previous legal status of the Union.

Regarding the case of Xanthi Turkish Union that is still open at Xanthi Civil Court of First Instance, Halit Habipoglu, President of the Federation of Western Thrace Turks in Europe (ABTTF), stated that “ECHR convicted Greece for violating the right to freedom of association on March 27th 2008, yet the Union has not regained its legal status as of before 1983 although a considerable amount of time has passed. Similar to the Xanthi Turkish Union case, in the report published by Thomas Hammarberg, the Council of Europe Commissioner for Human Rights, it is underlined that Home of Macedonian Civilization Association founded by the Macedonians living in Florina region of Greece has not been registered yet despite the verdict of ECHR in 1998. Note that the mentioned cases are taking place in an EU member country, Greece, the cradle of civilization. Thus, we can say without hesitation that our country Greece is being monitored closely by other European countries. In the report of Hammarberg, Greece is explicitly criticized with regard to right to freedom of association, adding that Greece has a lot to achieve regarding human rights. Yet, we think the solution is crystal clear; the Xanthi Turkish Union will be opened with its Turkish name and neither in Thessaloniki based Thrace Associations Federation nor any other interference will be to able to prevent it.”
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