After the judgement from the European Court of Human Rights in which mandatory religion lessons in Turkey have been found unlawful Pakan family living in Erzincan city applied the Sivas Administrative court against the provincial governor office and the Ministry of National Education in order to exempt their children from religion lessons. The court found the familys demand. However, while the younger son Serhat Yoldaþ Pakkan is exempt from religion lesson at school his elder sister Rojda Pakka is required to re-apply the court as by the time the court delivered its judgement she graduated from secondary school and started high school where mandatory religion lesson is also taught.
Ayhan Pakkan is an Alevite living in Yalinca village of Erzincan. As he applied the population registry office in order to reply Islan with atheist in his childrens ID card he was rejected as there was not such a religion in the list prepared by the ministry. Although he was given the option of irreligious it was also not written but religion place in the ID cards left empty.
On 18 September 2009 Pakkan presented a petition to principal of the school where his children Rojda and Serhat Yoldas Pakkan study and asked the school administration to exempt his children from religion lessons. His petition was ignored by the school principal, Provincial Directorate of National Education and Ministry of Education respectively.
As he could not receive any respond from the ministry he called the ministry in order to ask about the fate of his petition. However, the clerk on the phone rejected him verbally by saying that everybody living in Turkey is Muslim. Eventually when he received a respond from the ministry which said his children can be exempted from mandatory religion lessons if they document that they follow Christianity or Judaism.
Upon the respond from the ministry Pakan family invoked the judgement from ECHR and applied Sivas Administrative Court. On 27 July 2010 the court found the family rightful. The court stated in its judgement that the expert report on the curriculum of Religion Culture and Ethics lessons is based pure on Islam which constitutes a breach of Freedom of thought, conscience and religion.
After the judgement although the school principal and the directorate of national education tried to convince the family to change their mind the family insisted on not sending their children to religion lessons.
However, while the younger son Serhat Yoldaþ Pakkan is exempt from religion lesson at school his elder sister Rojda Pakka is required to re-apply the court as by the time the court delivered its judgement she graduated from secondary school and started high school where mandatory religion lesson is also taught.
Rojdas father Ayhan Pakkan is now in prison for political grounds but he send another petition for his daughter Rojda and if the petition is rejected then they will have to follow the same procedure.
The lawyer of the family Kazim Genc said that Turkey is insisting on not executing the judgement from the ECHR on mandatory religion lessons however, the Council of Europe is tolerating Turkey and refraining from implementing any sanctions.