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RUEHLN RUEHLZ RUEHROV RUEHSR RUEHVK RUEHYG
DE RUEHIT #0050 0241609
ZNR UUUUU ZZH
P 241609Z JAN 07
FM AMCONSUL ISTANBUL
TO RUEHC/SECSTATE WASHDC PRIORITY 6534
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE PRIORITY
RUEHDA/AMCONSUL ADANA PRIORITY 2286

UNCLAS ISTANBUL 000050 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
DEPARTMENT FOR EUR/SE 
 
E.O. 12958: N/A 
TAGS: PHUM PGOV TU
SUBJECT: TURKISH LEGAL SOURCES REGARDING THE ADMINISTRATION 
AND CLOSING OF HALKI SEMINARY 
 
REF: A. 06 ISTANBUL 2141 
     ¶B. 06 ISTANBUL 1302 
 
¶1.  (SBU) The following information is a summary of the 
relevant legal sources and points associated with the 
administration and closing of the Ecumenical Patriarchate's 
Halki Seminary.  Most of the information is taken from a 
Turkish Economic and Social Studies Foundation (TESEV) 
publication entitled, "Discussions and Recommendations on the 
Future of the Halki Seminary," published in December 2006. 
We have confirmed the accuracy of this information with the 
Patriarchate's legal advisors.  For a more thorough 
description of the Seminary and the Ecumenical Patriarchate's 
associated dispute with the Government of Turkey (GOT), 
please see ref A.  For information associated with a recent 
dispute resolution proposal, please see ref B. 
 
¶2.  (SBU) In 1947, the Ecumenical Patriarchate applied to the 
GOT's Ministry of National Education (MNE) to change the 
curriculum of Halki Seminary to a four-year theological 
school, including three high school grades and one post-high 
school grade.  The GOT rejected the proposal when it was 
originally requested, but when Prime Minister Menderes' 
Democrat Party came to power in 1950 it brought with it a 
more liberal approach to dealing with minorities and revived 
the proposal.  The MNE subsequently approved the "Regulations 
for the Education of the School for Greek Priests of Halki" 
in 1951, effectively granting the Seminary a charter as a 
"theological school."  The MNE communicated this approval to 
the Ecumenical Patriarchate through a letter originating from 
the Department of Private Schools and transmitted through the 
Directorate of National Education of the Province of Istanbul 
on October 3, 1951. 
 
¶3.  (SBU) On August 29, 1952, the MNE's Education Committee 
approved an addendum to the 1951 Regulation, establishing 
that "students who came from foreign countries and had no 
knowledge of Turkish were (to be) admitted to the classes of 
the school (Halki Seminary) in accordance with the equivalent 
status of education in their countries."  (Note: Though this 
doesn't directly relate to the opening of Halki Seminary, it 
sets an important precedent for permitting foreign students 
to attend the Seminary, a significant element in the current 
dispute with the GOT.  End note.) 
 
¶4.  (SBU) Law No. 625 dated June 8, 1965 concerned "Private 
Institutions of Higher Education" and was intended to 
regulate private education, in general, vice the 1951 
Regulation which applied specifically to Halki Seminary.  In 
1971, the Constitutional Court canceled certain articles of 
Law No. 625 and interpreted the Law as applying specifically 
to post-secondary education.  The Court further ruled that 
private institutions of higher learning must affiliate 
themselves with existing public institutions or close down. 
The MNE Regional Director subsequently split off the high 
school division of Halki Seminary through a "confidential" 
letter dated July 9, 1971 and ordered the Seminary to concur 
with the Court's ruling.  The high school remained open until 
1984, at which time the Patriarchate closed it, claiming that 
GOT-imposed restrictions kept it from effectively being able 
to educate the student body, which as a result of these 
restrictions included only four students. 
 
¶5.  (SBU) Comment: The Ecumenical Patriarchate argues that 
the 1923 Lausanne Treaty guarantees its right to train clergy 
and that the 1951 Regulation establishes Halki Seminary as a 
"theological school," consequently making the Seminary a 
vocational school not subject to the jurisdiction of Law No. 
625 or the associated 1971 Constitutional Court ruling.  The 
GOT claims that because the Seminary's curriculum included 
one year of post-secondary education, it does fall under the 
authority of Law No. 625 and therefore must comply with the 
1971 Constitutional Court ruling.  End comment. 
JONES