Confiscation of Armenian properties in Turkey

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The Confiscation of Armenian properties by the Ottoman and Turkish governments involved seizure of the assets, properties and land of the Armenian community of Turkey.

The Hrant Dink Foundation states that 661 properties in Istanbul were confiscated by the Turkish government, leaving only 580 of the 1,328 properties owned by the 53 Armenian foundations (schools, churches, hospitals, etc.). Subsequently 143 (21.6%) have been returned.

History

Confiscation as part of the Armenian Genocide

On 16 May 1915, while the Armenian Genocide was underway, an edict was promulgated entitled "administrative instruction regarding movable and immovable property abandoned by Armenians deported as a result of the war and the unusual political circumstances." The law made provisions for the formation of special committees who would prepare lists and reports of all property "abandoned" and place such property in safe custody in the name of the deportees. Perishable goods and animals were to be sold and the sum deposited in the name of the owners. It was further provided that Turkish refugees (mainly from the Balkan wars) were to be settled in the Armenian homes and on Armenian lands. Land and houses given to the refugees were to be registered. Farms, olive groves, houses, vineyards were to be distributed to the refugees. Such buildings not wanted by the refugees were to be sold through public auction.

On 29 May 1915, the CUP Central Committee passed the Tehcir Law authorizing the deportation of persons judged to be a threat to national security.

Another law promulgated on 13 September 1915 named the "Temporary Law of Expropriation and Confiscation" ("Abandoned Properties" Law), stated that all property, including land, livestock and homes belonging to Armenians, could be confiscated by the authorities. The law made a detailed provision as to how claims could be registered and executed against "abandoned" Armenian property. This was opposed by the Ottoman parliamentary representative Ahmed Riza:

It is unlawful to designate the Armenian assets as "abandoned goods" for the Armenians, the proprietors, did not abandon their properties voluntarily; they were forcibly, compulsorily removed from their domiciles and exiled. Now the government through its efforts is selling their goods… If we are a constitutional regime functioning in accordance with constitutional law we can’t do this. This is atrocious. Grab my arm, eject me from my village, then sell my goods and properties, such a thing can never be permissible. Neither the conscience of the Ottomans nor the law can allow it.

Contemporary Turkish historian Uğur Ümit Üngör asserts in his research article Seeing like a nation-state: Young Turk social engineering in Eastern Turkey, 1913-50 that:

The elimination of the Armenian population left the state an infrastructure of Armenian property, which was used for the progress of Turkish (settler) communities. In other words: the construction of an étatist Turkish ‘national economy’ was unthinkable without the destruction and expropriation of Armenians.

Confiscation during the Turkish Republic

The Turkish War of Independence lead to the founding of the Republic of Turkey in 1923, but confiscations continued because more Armenians had been either deported or killed.

On 15 April 1923, just before the signature of the Treaty of Lausanne, a law entitled "Law of Abandoned Properties" subsequently confiscated the properties of all Armenians who were absent, whatever the date, the motive or the circumstances of the departure, and refused the validity of any power-of-attorney provided by an absentee.

In anticipation of entry into World War II, the Turkish government levied a capital tax, the Varlik Vergisi, which disproportionately affected Turkey's non-Muslim residents. As a result of non-payment of the tax, the Turkish government collected 324 million liras ($270 million at the time) through the confiscation of non-Muslim assets.

In 1974 new legislation was passed that stated that non-Muslim trusts could not own more property than that which had been registered under their name in 1936. As a result, more than 1,400 assets of the charitable foundations of the Istanbul Armenian community since 1936 were retrospectively classified as illegal acquisitions and seized by the state. These properties included churches, schools, residential buildings, hospitals, summer camps, cemeteries, and orphanages.

In an attempt by the Justice and Development Party to comply with European Union standards, the opening up of the Ottoman land registry and deed records to the public were considered. However, it was prevented from occurring due to a warning from the National Security Committee of the Turkish Armed Forces dated 26 August 2005:

The Ottoman records kept at the Land Register and Cadaster Surveys General Directorate offices must be sealed and not available to the public, as they have the potential to be exploited by alleged genocide claims and property claims against the State Charitable Foundation assets. Opening them to general public use is against state interests.

On June 15, 2011 The United States House Foreign Affairs Committee voted 43 to one in support of a resolution (House Resolution 306) that calls upon the Republic of Turkey "to safeguard its Christian heritage and to return confiscated church properties."

Contemporary analysis

Distribution of immovable assets (includes amount and percentage)

Owned by Armenian foundations (487) (37.42%) Conveyed to third parties (83) (18.90%) Returned to original ownership (143) (10.77%) Non-existent parcels of real estate (78) (5.87%) Unassigned ownership and indeterminate status (107) (8.06%) Sold by Armenian foundations (83) (6.25%) Conveyed to the Municipality (64) (4.82%) Conveyed to the Directorate General of Foundations (51) (3.84%) Conveyed to the treasury (31) (2.33%) Designated as public property (23) (1.73%)

The Hrant Dink foundation states that 661 properties in Istanbul were confiscated by the Turkish government, leaving only 580 of the 1,328 properties owned by the 53 Armenian foundations (schools, churches, hospitals, etc.). The fate of the remaining 87 could not be determined. Out of the 661 confiscated properties, 143 (21.6%) have been returned to the Armenian foundation.

The Hrant Dink foundation researched confiscations and now provides descriptions, photographs and boundary lines on its interactive mapping resource.

Confiscated assets of Armenian institutions

Immovable Asset (Real estate) by category	Quantity	Percentage	Notes
conveyed to third parties	251	18.90%
returned to original ownership	143	10.77%	e.g. Surp Prgich Armenian Hospital, Sanasarian Foundation
non-existent parcels of real estate	78	5.87%	e.g. Kalfayan Orphanage and Pangalti Armenian Cemetery - no trace of the buildings or structure remain.
conveyed to the Municipality	64	4.82%
conveyed to the Directorate General of Foundations (VGM)	51	3.84%	'Vakif Genel Mudurlugu' is a government organization that succeeds the ottoman Ministry of Foundations.
conveyed to the treasury	31	2.33%
designated as public property	23	1.73%
unassigned ownership	20	1.51%
: Total confiscated assets ?	661	49.77%

owned by Armenian foundations	497	37.42%
sold by Armenian foundations	83	6.25%
: Total unconfiscated assets ?	580	43.67%

Immovable assets of indeterminate status	87	6.55%

: Properties originally owned by the 53 Armenian foundations : (schools, churches, hospitals, etc.).	1,328	100%

Notable confiscations

Name	Confiscation	Current status
Mkhitaryan Bomonti Armenian School	In 1979 the State Charitable Foundations Directorate confiscated the Armenian School, stating that the new building was illegal because the school was not listed in the 1936 Declaration. The property was returned to the original owners whose heirs sold it to Militas Construction Company who closed it.	In November 2012, after numerous legal proceedings, the property was returned to the Armenian community.
Tuzla Armenian Children's Camp	The Gedikpaşa Church Foundation wanted to purchase the property but in 1979 the State Charitable Foundations Directorate applied in court for its return to the previous owner. It was confiscated in 1983 and closed down in 1984. The property has changed ownership five times since closure but nothing has been built on the derelict site.	In 2001 the property was purchased by a businessman to build a house. When he was advised by the journalist Hrant Dink that it had belonged to an orphanage he offered to donate it back but the law did not permit it. In 2007 the new Foundation law was vetoed by President Ahmet Necdet Sezer. The Gedikpaşa Church Foundation has filed several unsuccessful cases, the most recent being in August 2011.
Kalfayan Orphanage	The Orphanage School was founded by Srpuhi Kalfayan in 1865. It was expropriated and demolished in the 1960s to make way for infrastructure developments. An attempt to rebuild the orphanage in another location was deemed illegal under the 1974 law.	The Orphanage School was forced to move to Uskudar where it is part of the Semerciyan School Premises.
Pangaltı Armenian Cemetery	In 1865 cholera forced the Ottoman government to ban burials at the Pangaltı cemetery and move them to the Şişli Armenian Cemetery. In the 1930s the Pangaltı cemetery was confiscated and demolished. The site has been redeveloped with the Divan Hotel, Hilton Hotel, Hyatt Regency Hotel and TRT Radio Buildings. The marble tombstones were sold in 1939 and used for the construction of the Inonu Gezi Park and the Eminonu square.	In 1932 Mesrob Naroyan, the Armenian Patriarchate of Constantinople, filed a lawsuit for the return of the property, but the Istanbul Municipality argued that he had been a legal non-entity in Turkey since his exile during the Armenian Genocide. Therefore he had no title to the land, even though he still functioned at the Kumkapi headquarters in Istanbul. The Patriarchate acknowledged the lack of title, but argued legitimacy to represent the cemetery on behalf of both the Armenian Catholic Community and the Surp Agop Armenian Hospital. The commission to investigate land ownership found the Patriarch's claims groundless, so title remains with the Istanbul municipality and the third party owners.
Selamet Han	The Selamet Han, located in the Eminonu district of Istanbul, was built by architect Hovsep Aznavur and donated to the Surp Prgich Armenian Hospital by businessman Calouste Gulbenkian in 1954. The property was confiscated in 1974.	In February 2011, the Selamet Han was returned to the Surp Prgich Armenian Hospital. The director of the hospital, Bedros Sirinoglu, declared that the badly damaged building will be repaired and turned into a boutique hotel.
Kasimpasa Surp Hagop Armenian Church and Surp Mesrobyan School	The Church was built in 1854 and the school in 1859 on property that the Armenian community had held for decades. On May 9, 1919 a fire destroyed both the Church and the school. On May 3, 1973, the State Charitable Foundations Directorate seized the property.	The Church and School have been replaced by domestic residences. No civil suits have been filed.
Properties of Surp Prgich Armenian Hospital	In 1832 Harutyun Bezciyan built the Surp Prgich Armenian Hospital in the Yedikule district of Istanbul. It owned 19 properties that were confiscated, including : a building lot; a house and four shared lots in Sariyer; a residential building in Moda; 2 residential buildings in Şişli; one flat in Beyoglu; a store in Kapalıçarşı; a house in Uskudar; one apartment building, one flat and a warehouse in Kurtuluş; a four storey hotel in Taksim; a retail and office commercial building in Beyoglu; an apartment flat in Çamlica; a 47,500 sq. m. vacant lot in Beykoz; 44,000 sq. m. land adjacent to the Hospital, formerly the gardens of the Hospital, presently used as Zeytinburnu Stadium (confiscated by the Zeytinburnu Municipality in 1985); a sports building; a parking lot; a tea garden.	In February 2011 after the successful acquisition of the Selamet Han, Bedros Sirinoglu, the president of the hospital, vowed to re-acquire all 19 properties. The hospital appealed to an Istanbul court which ruled in its favour by imposing an interim injunction on the 43,160 sq. m. estate (currently the Zeytinburnu Stadium) and the hospital. Sirinoglu has announced that the hospital has already received affirmative responses regarding seven of the 19 properties requested.
Ohannes Kasabian Estate. Çankaya Köşkü Presidential palace	The Çankaya Villa and vineyard in Ankara belonged to Ohannes Kasabian, a wealthy Armenian jeweller and merchant, until the Armenian Genocide. After the Kasabian family escaped from Ankara to Istanbul it was confiscated and occupied by the Bulgurluzâde family. In 1921 Mustafa Kemal Atatürk, the future President, purchased it from Bulgurluzâde Tevfik Efendi for 4,500 Turkish lira.	No civil suits have been filed.
Incirlik Air Base Claims of Rita Mahdessian, Alex Bakalian and Anais Haroutunian.	The land on which the Incirlik Air Base is built was owned by Armenians who died in the Armenian Genocide. In 2010 three Armenian Americans, who claim to have deeds ownership, sought compensation for 122 acres (0.49 km) of the land. One claimant states that in 1923, after the genocide, the land was seized by the Bank of Agriculture.	A U.S.A. court accepted the case and granted Turkey 21 days to respond. The defendant Turkish banks were granted an extension of the deadline until September 2011, and the lawsuit is now pending.
Topkapi Armenian Cemetery (today's Ulker factory)	The Topkapi Armenian Cemetery was owned by the Surp Nigoghayos Armenian church and served the Armenian community from the 17-19th centuries. The last known burial was 7 April 1896. It was confiscated and taken over by Midhat Pasha who sold the tombstones. It has been sold to third parties such as Ulker who built a factory there in 1948.	All suits filed for return of the property failed, but there are renewed claims are under the 2011 legislation.
Sanasarian College	Founded in 1881 by Armenian philanthropist Mgirdich Sanasarian, the Sanasarian College was an Armenian language higher education institution in the city of Erzurum under the Ottoman Empire. The school operated until the Armenian Genocide when most teachers were killed and the buildings ruined. The building was then used as the gathering place for the Erzurum Congress.	On March 14, 2012 the acting Armenian Patriarchate of Istanbul Aram Ateşyan, appealed to a high court in Ankara for the return of Sanasarian College. The properties include nine plots of land in Erzurum; a garden house and farmland in the village of Aghveren; two plots in the village of Gez; and a large commercial property known as Sanasarian Han in the Sirkeci district of Istanbul. Court proceedings are still pending.

References

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External links

External image
Interactive Map of Confiscated Armenian Properties around Istanbul (click the + sign below the logo to see the legend)

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