Thrace Court of Appeal rejected the application of Xanthi Turkish Union

On 30 September 2009, the Thrace Court of Appeal rejected the appeal of the Xanthi Turkish Union. Although the decision is not justified yet, according to information acquired, the Thrace Court of Appeal refused the application of the Union because the possibility of applying decisions of the European Court of Human Rights (ECHR) in domestic law of Greece does not exist.

According to the news of daily Embros published on 3 October 2009, the Thrace Court of Appeal announced that it did not have the necessity to comply with the EHCR judgments and that there was no commitment made regarding this. Therefore, the EHCHR judgment did not constitute a precedent. Regarding the decision of the Thrace Court of Appeal, Orhan Hacıibram, lawyer of the Xanthi Turkish Union, stated: „I don’t believe that the way of thinking of the EHCR’s judgment is correctly interpreted in the decision of the Thrace Court of Appeal. The deprivation of the right to establish associations still continues as the Union does not exist as a legal person. The Union, which has been operating with this name since 1928, has been suffering between the wheels of the courts since 1983 when the then governor of Xanthi, Fanis Donas, instructed to shut it down“. Hacıibram also noted in his statement that they were considering to bring the decision of the Thrace Court of Appeal before the Supreme Court.

Despite the judgment of the ECHR, the Union could not regain its official status

On 27 March 2008, the EHCR found the closure of the Xanthi Turkish Union because it contained the term „Turkish“ in its name unjust and held unanimously that Greece had violated Article 11 (freedom of assembly and association) of the European Convention on Human Rights (case of Tourkiki Enosi Xanthis and Others v. Greece (no. 26698/05). But, the Greek Government declared that at the end of the three-month objection period in June 2008, it would bring the case before the ECHR Grand Chamber, while the ECHR Preliminary Commission consisting of 5 judges concluded unanimously in favour of the Union and rejected the application of Greece. On 19 February 2009, the Xanthi Civil Court of First Instance handled the lawsuit filed by the Union to retrieve its previous legal status as of before 1983. The hearings were made in written form at the lawsuit, and the Federation of Thracian Association based in Thessalonica pled against the Union. Moreover, the lawsuit filed by the Union before the Thrace Court of Appeal in Komotini for restoration of its legal status was handled on Friday, 3 April 2009. In May 2009, the Xanthi Civil Court of First Instance rejected the lawsuit filed by the Union to retrieve its legal status as of before 1983. Subsequently, the Union decided to appeal the judgment of the Xanthi Civil Court of First Instance.

With regard to the issue, Halit Habipoglu, President of the Federation of Western Thrace Turks in Europe (ABTTF), stated that “The rejection of the Union’s appeal is not surprising, but it is a sad situation. Despite the judgment of the EHCR, the legal status of the Union was not returned, and the problem could not be resolved. During the Government of the New Democracy as Dora Bakoyannis was Foreign Minister of Greece, it was announced that a comprehensive working had been initiated regarding the reflection of EHCR’s decisions into domestic law, and it was noted that workings were to be complete till the end of the year. Therefore, we call on George A. Papandreou, who will perform as Prime Minister and Minister of Foreign Affairs during the Government of the Panhellenic Socialist Movement (PASOK), to inform the Turkish Minority of Western Thrace by making a statement on the issue. It should not be forgotten that this situation has been damaging the reputation of Greece in the international arena, and harming the prestige of the country, too”.