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Viewing cable 07ISTANBUL773, NOT NEW, JUST REHEATED: AN UPDATE ON CHARGES

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Reference ID Created Released Classification Origin
07ISTANBUL773 2007-08-24 13:56 2011-08-24 01:00 UNCLASSIFIED//FOR OFFICIAL USE ONLY Consulate Istanbul
VZCZCXRO9337
PP RUEHAG RUEHAST RUEHDA RUEHDBU RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA
RUEHLN RUEHLZ RUEHPOD RUEHROV RUEHSR RUEHVK RUEHYG
DE RUEHIT #0773 2361356
ZNR UUUUU ZZH
P 241356Z AUG 07
FM AMCONSUL ISTANBUL
TO RUEAIIA/CIA WASHDC PRIORITY
RUEKJCS/DIA WASHDC PRIORITY
RHEHNSC/NSC WASHDC PRIORITY
RUEKJCS/SECDEF WASHDC PRIORITY
RUEHC/SECSTATE WASHDC PRIORITY 7438
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE PRIORITY
UNCLAS ISTANBUL 000773 
 
SIPDIS 
 
SIPDIS 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: PHUM PGOV PREL TU GR
SUBJECT: NOT NEW, JUST REHEATED: AN UPDATE ON CHARGES 
AGAINST THE ECUMENICAL PATRIARCH 
 
REF: A. ISTANBUL 664 
 
     B. ISTANBUL 638 
     C. ISTANBUL 607 
     D. ISTANBUL 550 
 
Sensitive but Unclassified, Please Protect Accordingly. 
 
1.  (SBU) Summary.  Following recent Greek and Turkish press 
reports that an Istanbul prosecutor subpoenaed Ecumenical 
Patriarch Bartholemeos, the Patriarch,s attorney Kezban 
Hatemi told us that new prosecutorial staff had mistakenly 
issued the subpoena when they overlooked the Patriarch,s 
prior written statement in the same case.  Hatemi is trying 
to resolve this issue quietly.  This controversy illustrates 
how the Turkish legal system can be used for intra-orthodox 
battles.  End Summary. 
 
2.  (SBU)  Several Greek media sources, as well as Turkish 
newspapers Yenicag and Sabah, recently reported that Beyoglu 
Public Prosecutor Ahmet Cakar subpoenaed Ecumenical Patriarch 
(EP) Bartholemeos in connection with statements he made at 
the 2nd International Orthodox Youth Conference on July 12, 
2007.  The charges under investigation were filed by Bojidar 
Cipov, a Bulgarian Orthodox priest who was defrocked by the 
EP in 2002 on the grounds of disobedience.  Cipov's 2003 
lawsuit challenging the EP's ability to remove him from 
clerical office was the subject of the Yargitay case (reftel 
D) in which the Yargitay commented that the EP was not 
"ecumenical" in nature.  In the case at hand, Cipov filed 
charges with the Beyoglu prosecutor's office alleging the EP 
to have "misused his religious services," as stipulated in 
Turkish Penal Code Article 219 when he said "Our Patriarchate 
has been ecumenical since the 6th century.  This is a 
historical title and the entire world recognizes it."  Cipov 
has filed several other cases, alleging the EP "misused his 
religious services," and attempting to block actions by the 
Ecumenical Patriarchate, including the July 7-10 Holy Synod. 
Cipov has since filed another complaint in relation to a 
planned August 27-29 Holy Synod meeting. 
 
3.  (SBU) While Kezban Hatemi, the Patriarchate's lawyer, 
acknowledged that the Beyoglu Prosecutor had contacted the 
Patriarchate, she dismissed the case as an old story that the 
press was trying to "re-heat".  She told us "this is not a 
new issue, and it is not a big deal."  She said that the 
previous prosecutor had accepted the written statement she 
sent regarding this issue, but that the new prosecutor was 
unaware of this exchange.  (August is typically a period of 
significant personnel upheaval in the Turkish bureaucracy as 
civil servants adjust to arrival and departures caused by 
their summer transfer season.)  Hatemi wants to handle the 
issue quietly and to avoid having the EP travel to the 
Prosecutor's office. 
 
4.  (SBU)  Comment:  Turkish judicial officials are required 
by law to investigate any charges brought to them, resulting 
in a proliferation of nuisance lawsuits brought by 'concerned 
citizens' against prominent figures.  Article 301 cases 
brought against well-known writers and intellectuals are the 
best example of this situation.  Cipov's objection to His All 
Holiness's ecumenical nature was the core of the 
"disobedience" for which he was defrocked several years ago. 
He now appears to have found a venue for airing his 
grievances in public -- the Turkish court system.  End 
comment. 
WIENER