ECtHR Dismisses Appeal for Conserving Hasankeyf Archeological Site

The ECtHR has dismissed the appeal for conserving Hasankeyf archeological site because “there is not a universal individual right to the protection of the cultural heritage.”

İstanbul

ECtHR Dismisses Appeal for Conserving Hasankeyf Archeological Site

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The European Court of Human Rights (ECtHR) has dismissed the appeal regarding the construction of the Ilısu Dam, which will leave the ancient city of Hasankeyf under water.

For hte conservation of the cultural heritage in sourheastern Batman province, Prof. Dr. Zeynep Ahunbay, Prof. Dr. Oluş Arık, Prof. Dr. Metin Ahunbay, Avukat Murat Cano and Özcan Yüksek appealed to the court in 2006.

The court unanimously ruled that the appeal is "inadmissable."

The decision was given by a Chamber of seven judges, composed as follows: Robert Spano (Iceland), President, Ledi Bianku (Albania), Işıl Karakaş (Turkey), Julia Laffranque (Estonia), Valeriu Griţco (the Republic of Moldova), Jon Fridrik Kjølbro (Denmark), Stéphanie Mourou-Vikström (Monaco) and also Stanley Naismith, Section Registrar.

Appeal "incompatible with ECHR"

The court ruled that the appeal was incompatible with the Articles 35/3 (a) and 35/4 of the European Convention on Human Rights.

It stated that there has been no European consensus, or even a trend among the member States of the Council of Europe, which would have made it possible to infer from the Convention's provisions that there existed a universal individual right to the protection of the cultural heritage.

Hasankeyf Initiative: "ECtHR evades responsibility"

The "Initiative to Make Hasankeyf Live" has made a statement after the court's ruling, saying that the ECtHR "evaded responsibility" by dismissing the appeal.

"This cultural and natural place is inarguably one of the most important heritage sites in Turkey, Middle East, and Europe and is much more valuable than any economic investment," it said.

The Initiative added that had the ECtHR would make a decision against Hasankeyf's sinking in water, it could pressure the government of Turkey to reach the high environmental and social standards.

What do the articles say?

Article 34: The Court may receive applications from any person, nongovernmental organisation or group of individuals claiming to be the victim of a violation by one of the High Contracting Parties of
the rights set forth in the Convention or the Protocols thereto. The High Contracting Parties undertake not to hinder in any way the effective exercise of this right.

Article 35/3 (a): The Court shall declare inadmissible any individual application submitted under Article 34 if it considers that the application is incompatible with the provisions of the Convention or the Protocols thereto, manifestly ill-founded, or an abuse of the right of individual application

Article 35/4: The Court shall reject any application which it considers
inadmissible under this Article. It may do so at any stage of the proceedings.

Applicants demanded halt to construction

The ECtHR stated the following on the application:

"Relying in essence on Article 8 (right to respect for private life) and Article 2 of Protocol No. 1 (right to education), the applicants complained that the planned construction of the dam was liable to destroy the Hasankeyf archaeological site.

"They also alleged that the plan to move certain monuments from the site would be impossible to implement and that many of the archaeological remains did not lend themselves to such treatment.

"In consequence, they asked the Court to indicate preventive measures to the Government before the Hasankeyf site was flooded."

CLICK - Hasankeyf Shortlisted Among 7 Most Endangered Cultural Heritage

(PT/VK)