Critical development for the the Armenian Patriarchate of Jerusalem’s properties in Turkey: Maryakop Foundation acquires its legal entity
The Maryakop Armenian Church Foundation was established within the Ottoman borders during the Ottoman Empire. The Armenian Patriarch of Jerusalem was also the sole authority of the Foundation. However, the foundation was transferred to the status of a fused foundation by the General Directorate of Foundations and its legal personality was terminated.
During this period, most of the foundation's immovable properties were sold to third parties, transferred to the trustees without payment of concession fees, or used unfairly.
The Armenian Patriarchate of Jerusalem filed a lawsuit, represented by lawyer Ali Elbeyoğlu, both against the decision to declare the foundation a vested foundation and for the return of the real estates. However, the local court ruled that “the lawsuit was dismissed on the grounds of lack of capacity to sue”. The Patriarchate then appealed to the Council of State. The 10th Chamber of the Council of State rejected all objections in 2016. This time the case went to the Constitutional Court. The Constitutional Court ruled that the Armenian Patriarchate of Jerusalem and the Maryakup Armenian Church Foundation were “violated the right of access to the courts”. Following this decision, the Ankara 15th Administrative Court held a retrial and ruled that the Maryakup Armenian Church Foundation could not be a fused foundation.
However, the Council of State overturned the decision of the first instance court after the GDF appealed the local court decision. However, despite this ruling of the Council of State, the 15th Administrative Court insisted on its final decision and the Maryakup Foundation ceased to be a fused foundation.
The court ruled that “the procedure regarding the inclusion of the plaintiff foundation among the mazbut foundations by considering it as a foundation that has no charitable service in law or in practice is contrary to the law.”
The court ruled that the foundation was established according to the legal rules of the Ottoman Empire and continued its activities in line with its founding purposes during the Republican era.
Following the decision, the General Directorate of Foundations sent a letter to the relevant authorities stating that the Maryakop Foundation will be removed from the status of a vested foundation and will be registered as an active community foundation. But at the same time, the GDF appealed the decision, this time at the General Assembly of the Council of State.
Ali Elbeyoğlu, the lawyer of the Armenian Patriarchate of Jerusalem, made statements to Agos. Stating that the court decision is new, Elbeyoğlu said that the GDF has initiated the process regarding the establishment of the Maryakop Foundation.
“We will meet with the GDF”
Elbeyoğlu said the followings.
“I asked for documents from the General Directorate of Foundations. I am the only representative at the moment. I asked for all the documents regarding the management to date. The DGF said they are working on it. We will meet with the General Directorate of Foundations after the foundation is registered. There are two possibilities, either the headquarters will be abroad, there will be no administration here. The Patriarchate will manage it and appoint a representative here. Or it will be a representative of a foundation established here, like the Aya Yorgi Church Foundation. It will not be a community foundation, because Aya Yorgi is the same. There is a one-person board of directors there, and that is the authorized person. I think the second possibility will be implemented. It is not important how the management will be or who will manage it, the important thing is that a foundation that will manage the real estate here is registered. We have achieved that too. Whichever of the possibilities happens, it won't make any difference to us. The Armenian Patriarchate of Jerusalem is in charge here. They have the main management authority. The Maryakop Foundation was not a community foundation in Turkey. The Armenian Patriarchate of Jerusalem appoints a representative, who manages the real estate here. Then the foundation was announced that it is a fused foundation, and then the DGF starts to manage it. Until I filed a lawsuit. Either we go back to the old way, the Patriarchate will appoint a representative and manage it. In this case, the General Directorate of Foundations will not have the authority to supervise. Because it is a foundation headquartered abroad and will be managed independently. But it can also be like the Aya Yorgi Church Foundation. I am the deputy there too. Here, the Patriarchate must appoint someone who is a Turkish citizen. And the DGF will accept and authorize him. It will be a one-man administration. These will be determined later. I am waiting for the documents from the DGF.”
The foundation's establishment, board of directors and headquarters will be announced with the announcement to be published in the Official Gazette. According to Ali Elbeyoğlu, it is not yet clear whether a representative office will be opened. Elbeyoğlu said that he will meet with Archbishop Nurhan Manukyan, the Armenian Patriarch of Jerusalem, for the representative office and the board of directors.
Foundation’s properties
It is known that the Maryakop Armenian Church Foundation owns over 100 properties in Turkey. There is a mansion in Kuzguncuk whose title deed was transferred to the Istanbul Metropolitan Municipality and then demolished, 21 deeds in Altunizade, İstiklal Street, Fatih and Adana.
