Information Note on the Court’s case-law 25

December 2000

Institut de prêtres français and Others v. Turkey - 26308/95

Judgment 14.12.2000 [Section IV]

Article 9

Article 9-1

Freedom of religion

Land on which places of worship erected registered as property of the Treasury and another public body: friendly settlement

Article 1 of Protocol No. 1

Article 1 para. 1 of Protocol No. 1

Peaceful enjoyment of possessions

Property belonging to a religious association since 1859 registered as property of the Treasury and another public body: friendly settlement

In 1982, in order to finance the upkeep of its church buildings, the Institute of French Priests (Institut de prêtr es français ) let out part of an estate to which had become entitled in 1859 under the terms of a foundation set up by the Ottoman Sultan. In 1988 the Treasury brought an action for a declaration that the Institute’s title to the property was void and for r estitution of the property. Judgment was entered for the Treasury on the ground that the Institute did not have the requisite legal personality and had sought to make profits by letting the premises out, contrary to its religious object. Thus, at the end o f the proceedings, an order was made for the estate to be registered in the name of the Treasury and the Directorate General of Foundations.

The parties have agreed on a friendly settlement under the terms of which the Treasury and the Directorate General of Foundations agree, inter alia , that the priests responsible for the administration of the Institute shall have a life tenancy, an arrangem ent that will enable the Institute in particular to let the land. The Treasury and the Directorate General of Foundations will be entitled to a reasonable portion of the rent, and waive their right to sums that have fallen due since the ruling that the Ins titute’s title was void.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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