Armenian Patriarchate of Jerusalem Wins Major Legal Battle in Turkey to Reclaim Vast, Confiscated Properties

The Armenian Patriarchate of Jerusalem has successfully won a lawsuit in Turkey, reclaiming vast properties that were confiscated decades ago. The legal case, which began in 2021, marks the end of a long and difficult battle for the church, whose properties were taken in 1973 by Turkey’s General Directorate of Foundations (GDF). 

The Armenian Patriarchate’s properties were confiscated nearly half a century ago when the Turkish authorities declared that the Mar Yakoup Armenian Church Foundation, originally established during the Ottoman Empire, was no longer functioning. This led to the seizure of the patriarchate’s lands and buildings. The legal fight to reclaim these properties had been ongoing for years, with several unsuccessful attempts before a major breakthrough was achieved.

Patriarch Nourhan Manougian, the Armenian Patriarch of Jerusalem, initially filed a lawsuit in 2012, but the case faced setbacks. Both a lower court in Ankara and an appeals court rejected the patriarchate’s claims. However, the church remained determined and took the case to the Constitutional Court of Turkey, the highest legal authority in the country. In a major ruling, the court found that the lower courts had violated the rights of the Armenian Patriarchate.

His Eminence Archbishop Nourhan Manougian, Patriarch of Jerusalem

Last week’s decision marked a turning point. The court ruled in favor of the patriarchate, reversing the frozen status of the confiscated properties. This victory now opens the door for the patriarchate to recover its vast holdings, which had been illegally taken decades ago.

Speaking to the media, Ali Elbeyoglu, the Turkish lawyer representing the Armenian Patriarchate, outlined two potential paths forward. The patriarchate could appoint a Turkish citizen to oversee the properties within Turkey, as was the arrangement before their confiscation, or the properties could be managed from Jerusalem. 

The case also revealed some troubling details about the fate of the patriarchate’s properties over the years. Much of the land and buildings taken from the church were sold to third parties without any compensation to the patriarchate. In an interview in 2019, Patriarch Manougian explained that the church once owned around 1,200 properties in Istanbul alone, along with many others throughout Turkey. He also mentioned that a large and valuable property in Yalova, once part of Istanbul, was sold in the 1950s by a Turkish-Armenian to a Turkish buyer who later fled to the United States.

Even with the recent victory, the patriarchate’s legal battle is far from over. Some of the recovered properties are highly valuable and located in prime areas of Istanbul, such as Kuzguncuk, Altunizade, and Fatih. Attorney Elbeyoglu said that a mansion in Kuzguncuk, whose title was transferred to the Istanbul Metropolitan Municipality, had been demolished. Other seized properties were located in Istanbul’s famous Istiklal Boulevard and the city of Adana.

This victory is not just important for the Armenian Patriarchate but also stands as a rare example of the Turkish government returning confiscated properties to Armenian owners. Historically, Turkey has been reluctant to return properties taken from Armenian, Greek, and Jewish charitable foundations. However, in 2011, the Turkish government made an announcement that it would return such properties or provide compensation if they had been sold to third parties. Although some properties were returned, the process was soon halted, and many legal cases are still pending.

It remains to be seen how the Armenian Patriarchate of Jerusalem will proceed with its reclaimed properties and whether it will pursue compensation for those that were sold over the years. The return of these properties represents a positive step in righting the wrongs of the past. As more court cases continue, there is hope that other minority communities may also recover what was taken from them long ago.

This victory is a reminder of the atrocities committed by the Ottoman Empire and modern day Turkey’s ongoing denial of the Armenian Genocide.