The 10th Chamber of the Council of State annulled the decision of the Council of Ministers dated 24 November 1934 on the conversion of Hagia Sophia from a mosque to a museum.
The reason for the 10th Chamber of the Council of State, which decided unanimously on the annulment of the decision of the Council of Ministers to transform Hagia Sophia from a mosque to a museum, in the case filed by the Association for the Service of the Historical Foundations and the Historical Foundation.
In the 19-page rationale of the Chamber, it was stated that the decision of the Council of Ministers subject to the case was evaluated within the scope of the relevant legislation, the Constitutional Court, the Supreme Court, the Council of State and the European Court of Human Rights.
On the grounds, it was noted that Hagia Sophia was the property of the Fatih Sultan Mehmet Han Foundation, which is a mazbut foundation that has a private legal entity, which is secured in legal order, while maintaining its status.
In the reason that it was pointed out that Hagia Sophia was put into service for the community to be used as a mosque, as required by the will of the foundation, and it was registered as a mosque in the title deed document, and it was registered as a mosque in the title deed document.
“It is undoubtedly that the foundation deed has the legal rule effect value and power, the quality and purpose of use of the immovable property in the foundation deed cannot be changed, and this issue is binding for the defendant administration together with all real legal persons.”
It has been concluded that the immovable property belonging to the Foundation, which has been preserved and preserved since ancient times, cannot be prevented from being used by the society in line with the foundation of the rights, and that it is not legally possible to use and to be specific for any other purpose except for the mosque where it is constantly allocated in the foundation deed. “
FIRST COMMENT FROM PRESIDENT ERDOĞAN
President Erdoğan said, “Good luck” regarding the opening of Hagia Sophia to worship with the decision of the Council of State. President Erdogan said “Good luck” by sharing his own Hagia Sophia decision under his Twitter address.
PUBLISHED IN THE OFFICIAL GAZETTE
The President’s decision regarding the transfer of Hagia Sophia to the Presidency of Religious Affairs and opening it for worship was published in the repeated issue of the Official Gazette.
The decision reminded that the Resolution of the Council of Ministers numbered 1934 on the conversion of the Hagia Sophia Mosque into a museum was canceled by the decision of the 10th Chamber of the Council of State.
In this context, it was stated that the management of the Hagia Sophia Mosque was transferred to the Presidency of Religious Affairs in accordance with the 35th article of the Law No. 633 on the Establishment and Duties of the Presidency of Religious Affairs.