Statement By St. Gabriel Monastery Foundation Executive Board
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(AINA) -- Regarding the application we lodged at the European Court of Human Rights (ECtHR) in 2011 due to registration as forest area of 276-decares of our Foundation land, the ECtHR rejected our application on 9 May 2019 in view of substance regarding our claims of violation of "the right to property' and in view of procedure regarding our claims of violation of the 'right to a fair hi, and 'the rtght to effective remedy".

ECtHR's judgement related to the claims of violation of the -the right to proper, contradict with previous ECtliR judgements concerning community foundations; in addition, a judgement has apparently been handed down without assessing the evidence we presented during prosecutions in Turkey and before the ECtHR and taking into consideration the issues proved, and by Addy)! focusing on the defence of the government and the decisions of judicial authorities in Turkey. This judgement is explicitly contrary to the spirit of the European Convention on Human Rights, the established ECtHR jurisprudence on community foundations and the statute of community foundations' declaration.

Related: The Case of the St. Gabriel Assyrian Monastery in Midyat, Turkey

The assessment of our foundation continues for establishing the situation regarding the statute of limitation pointed out by the ECtHR in the rejection decision rendered in relation to the allegation a violations A the "right to fair trial" and the "right to effective remedy". In spite of severe and open rights' violations regarding the trial and the procedures during the course of trial in Turkey, and since our assessments on the matter and examination regarding the statute of limitation are underway, .formation [from our side] will come at a later stage.

Asa result, availing ourselves of the fact that the judgement rendered is openly in breach of universal law, the essence of the ECHR and the established case-law of the ECtHR as well as the understanding governing the right to ownership and the concept of fundamental rights, necessary appeals applications vis-a-vis the decision shall be filed so that the review is done before the Grand Chamber.

Kindly announced to the public.

May 21, 2019

St. Gabriel Monastery Foundation Executive Board

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