Tur Abdin, Turkey -- The First Administrative Court in Sirnak has issued a decision suspending the enforcement of an administrative fine and closure order imposed on the annex of the historic Assyrian Orthodox Church of the Virgin Mary in Azakh, known in Assyrian as Beth Zabday (Turkish mandatory name: Idil). According to Assyrian Newspaper Gazete Sabro, the ruling followed a legal challenge filed by the church foundation against measures taken by the municipality, arguing that the penalty had been imposed without identifying the party responsible for the alleged unauthorized construction.

The case concerns a fine of approximately 1.17 million Turkish liras imposed on the church foundation over alleged violations of urban planning and construction regulations. The measures targeted buildings attached to the church, including a guesthouse. In a unanimous ruling issued on 7 October, the court ordered the suspension of the measures, citing legal irregularities in the way the penalty was imposed and the possibility that its continued enforcement could cause irreparable harm.

The ruling was based on the principle of individual responsibility for violations, explaining that the mere existence of an unlicensed building is not sufficient grounds for fining the foundation on whose property it stands, unless it is established that the foundation carried out the construction work or that it was directly responsible for it.

The court emphasized that the term "building owner" under Turkish Law No. 3194 does not necessarily refer to the registered owner of the property, but rather to the person or persons who actually carried out the unauthorized construction work.

The ruling also noted that the municipal administration had failed to complete the necessary investigations before imposing the fine. It had not identified who carried out the construction or heard statements from representatives of the foundation or the village head. Records from Dicle Electricity, which indicate that an electricity subscription was opened in 2008 under the name "Church Guesthouse," were also deemed insufficient to prove that the foundation had constructed the building.

The court concluded that the foundation's responsibility had not been established through concrete evidence, making the imposition of a penalty without completing the necessary investigations unlawful. Therefore, it suspended enforcement without requiring the foundation to provide financial security.

Lawyer Melke Karagöl, who filed the lawsuit, explained that legal proceedings began on 5 July when an appeal against the administrative fine was submitted to the Sirnak Administrative Court. She said the court issued its ruling on 7 October, resulting in the suspension of the penalty.

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Karagöl stressed that the ruling does not constitute a final judgment in the case, and that legal proceedings are still ongoing. He noted that the court had found further investigation necessary to identify the party actually responsible for the construction work.

The lawyer criticized the decision to hold the church foundation responsible for constructing the buildings, explaining that the construction work had been carried out through the efforts and contributions of members of the Assyrian community who had been forced to leave the region and settle in Europe, rather than by the foundation itself.

He argued that imposing the fine on the foundation without evidence establishing its responsibility raised questions about the selective application of municipal regulations. He also pointed to other legal concerns regarding the demolition orders, confirming that he had filed a separate lawsuit challenging them, particularly because the deadline provided to appeal the orders was insufficient, according to her account.

The case dates back to June, when the Assyrian Orthodox Church of the Virgin Mary Foundation in Azakh received an official notice imposing a fine of 1,170,743.24 Turkish liras over alleged violations of construction and urban planning regulations. The measures included the closure of the annex buildings and threats of demolition.

The measures sparked widespread criticism and drew considerable attention, particularly because the buildings had undergone restoration and rehabilitation work funded through contributions from members of the Suryoyo community in the diaspora, as part of efforts to preserve the religious and cultural heritage of the Assyrian community in the region.

The case also reached the Grand National Assembly of Turkey. Meanwhile, the International Idil (Azech) Assyrian Federation sent letters to Turkish Interior Minister Mustafa Çiftçi and Justice and Development Party Deputy Chairman Mustafa Demir, calling for an end to what it described as biased municipal practices and demanding that the damage inflicted on the church foundation be addressed.

In a statement, the Virgin Mary Church Foundation welcomed the court ruling, describing it as an important legal development for the foundation and members of the Suryoyo community, while stressing that judicial proceedings had not yet concluded.

The ruling is seen as an important judicial step in the case, as it temporarily halted enforcement of the penalties imposed on the foundation. It also reaffirmed the need to establish individual responsibility and conduct thorough investigations before taking administrative measures affecting religious institutions and their properties.