Rum Citizens Considered Foreigner in Land Posession

It has been reported that upon an incident whereby a Rum* citizen intended to buy property in Gökçeada (Imbros) however encountered problems about it, measures concerning Gökçeada and Bozcaada (Tenedos) have been removed upon the Ministry of Interior letter of 09.01.2012 with no: 14899.

Attorney Erhan Pekçe who follows up the process highlighted the petition of the Legal Advisor's Office at Directorate General of Title Deed and Cadastre which contained the following statement; "There are National Security Council decisions, inter-ministerial protocols and many administrative regulations concerning Gökçeada and Bozcaada." Pekçe noted that this was an indication of the policies pursued vis-à-vis Gökçeada.

"Discrimination involved"

It all began when Attorney Pekçe witnessed an engaged couple from Gökçeada applying title deed directorate to buy a property.

Young woman's father wanted to buy a property for the young couple so that they could build a house on it in the future and he also wanted to register it in the name of his daughter. However he was told that it would take years because they were Rum but if the property was to be registered in the name of the young man than the procedures would be completed in a short time.

The legislative process has begun after Pekçe, who heard about the matter by coincidence, visited the title deed Office. Pekçe explains as follows what he has observed in the title deed office;

"They said when a Rum citizen applies we refer him to Regional Directorate which then refers them to Foreigners Department, to National Intelligence.  This process sometimes takes even two years and sometimes they are rejected. We have related documents for that. Two applicants were rejected for example..."

Upon this information, Pekçe claimed that this was discrimination and took action. Based on the law on the right to access information, he submitted a petition inquiring the reason for such practice.

Pekçe said, "Pursuant to the law, the body to which you submit the petition should reply. I submitted the petition to the Title Deed Registry Directorate of Gökçeada, however the reply came from Bursa 4th Regional Directorate of the DG for Title Deed and Cadastre."

The reply made reference to Article 16 of Law No: 4222 on the Right to Access Information and notified that they cannot state the reason for such practice for reasons of national interest.

The problem came to daylight at the appeal instance

Erhan Pekçe filed a lawsuit at the Bursa Administrative Court to have the decision lifted and to receive a reply. This time, the First Legal Counsellor of the Directorate General for Title Deed and Cadastre in Ankara sent a note to the court referring to the law on acquisition of property by foreigners.

Pekçe, who won the case, stated that Rums were citizens of the Republic of Turkey. According to Pekçe, it is not logical for the court to initially refrain from making a statement by citing national interests as a justification and later to cite as a justification the non-confidential foreigners law, which is known by all.

The DG for Title Deed and Cadastre, which lodged an appeal against the court decision, referred -this time- in its appeal petition to National Security Council decisions concerning Gökçeada and Bozcaada, inter-ministerial protocols and administrative regulations.

The petition read: "Through the Interior Ministry letter no 14899 of 09.01.2012, it was declared that the measures pertaining to Gökçeada and Bozcaada have been abolished; as a result of the correspondence with the aforementioned Ministry, our administration is now evaluating whether or not the measures can be lifted."

Claiming that the wording of the petition was a decipher of the fact that the State had taken "measures" in this respect, lawyer Pekçe approached Gökçeada District Governorate with a new petition, where he inquired "whether or not the Interior Ministry had abolished the measures over Gökçeada."

Indictment to be filed

Pekçe said that in the reply, the District Governorate expressed no knowledge of the matter, adding that the inquiry should be made from the Interior Ministry. Pekçe continued by saying that a discrimination offence was being committed, and added that "he would indict against the National Security Council and all authorities who decide in a way to incite civil servants to commit an offence as well as those who implement such decisions."

The lawsuit won by Pekçe at the local court is now pending appeal. As they failed to purchase the property they wanted, he young people of Gökçeada, on the other hand, purchased another property from another Rum of the Island. There is no obstacle before the sales of property between two Rums on Gökçeada. (YY)

*  Greek-origin citizens of Turkey