Strasbourg, France, June 1, 2026
Photo: eclj.org
The European Court of Human Rights has ruled that Turkey violated the rights of Orthodox clergy who were prevented from standing for election to the administrative boards of minority religious foundations.
The Strasbourg court found Turkey in breach of Article 9 of the European Convention on Human Rights, which protects freedom of thought, conscience, and religion—the first time such a finding has been made in a case involving members of the Greek Orthodox community—as well as Article 11, which covers freedom of association. The case was brought by two clergymen of the Patriarchate of Constantinople: the late Gennadios, born Nikolaos Mavrakis, and Georgios Kasapoglou, according to Greek Reporter.
Paris Asanakis, legal counsel to the Patriarchate, described the ruling as historic, noting that the legal battle spanned 15 years, first through Turkish courts and then before the European Court. He said the decision overturns a position held for a century by Turkey’s Directorate General of Foundations.
Turkish authorities had long maintained that the Treaty of Lausanne barred Orthodox clergy from serving in administrative roles within minority foundations. The court found that position had no basis in statutory law, decree, or other regulatory act.
The foundations at the center of the dispute—known as vakıflar—are self-governing institutions rooted in Islamic legal tradition that manage the religious, educational, charitable, and community assets of Turkey’s non-Muslim minorities, including churches, schools, and hospitals. In 2008, following an agreement between Greek Foreign Minister Dora Bakoyannis and Turkish Foreign Minister Abdullah Gül, Turkey passed legislation allowing elections to the boards of non-Muslim vakıflar. However, authorities continued to restrict eligibility to lay members of the Orthodox community, excluding clergy.
Mavrakis had previously served as a layman on the board of the Fener High School for Boys. After his ordination as a priest, he was elected to the same body, only to be removed by the General Directorate of Foundations on the grounds that the Treaty of Lausanne prohibited clergy from holding such roles.
Two further appeals by priests on similar grounds remain pending before the court.
The ruling may also carry implications for the Balıklı Greek Hospital Foundation, which oversees a hospital, a nursing home, and a historic monastery. No elections have been held at the foundation since 1991.
In its decision, the court emphasized that associations created to protect cultural, spiritual, religious, or minority heritage play an essential role in democratic society, and that genuine pluralism depends on the recognition and respect of cultural, ethnic, and religious diversity.
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