The Curious Case of Molla Sali v. Greece: Legal Pluralism Through the Lens of the ECtHR

By İlker Tsavousoglou, Doctoral Candidate at Human Rights Centre, Ghent University, Attorney at Law

On 19 December 2018, the European Court of Human Rights delivered its judgement on the case of Molla Sali v. Greece. In its ruling, the Grand Chamber unanimously held that there has been a violation of Article 14 of the European Convention on Human Rights in conjunction with Article 1 of Protocol No. 1 to the Convention. The Applicant, Ms Chatitze Molla Sali, a Greek national and member of the Muslim minority of Western Thrace, was the beneficiary of her deceased husband’s estate based on a notarised testament of civil law. Following a domestic legal dispute, the Greek Court of Cassation found that the will drafted by a Greek of Muslim faith is devoid of effect. This was because, pursuant to a series of binding international agreements and the relevant domestic norms, the law applicable to the case was Islamic inheritance law instead of the relevant civil law. Continue reading