Lawyer Arif Ali Cangı, who worked at the Izmir Bar Association, wrote an open letter to the Istanbul Metropolitan Mayor Ekrem İmamoğlu about the Kanal Istanbul project. Cangı, in his letter, suggested that the case should be filed with a single petition, 30 days after the announcement of the 'EIA positive' report on Kanal Istanbul.
The entire letter written by Cengi to İmamoğlu is as follows:
First of all, I would like to briefly introduce myself; I have been a freelance lawyer registered in Izmir Bar for about 27 years. Since the law internship period, protection of natural and cultural assets, Article 56 in the Constitution and Turkey's protection as guaranteed in international agreements signed by a lawyer who is working to ensure the right to a healthy environment. These are my works, apart from my professional lawyer activities, with the responsibility of being a citizen, a person living in an era of ecological crises in order to protect the future of the world, the present and future generations.
I am writing this letter to advise you on the ways and rules of the legal struggle to be carried out against the EIA positive decision dated 17.01.2020 given to the project 'Kanal İstanbul', a demolition project.
With the explanations made by you and the attitude of the Istanbul Metropolitan Municipality, we see that we are both of the opinion that the project in question is a 'demolition project'. On the other hand, it is obvious that there is serious social objection to the project both qualitatively and quantitatively. It is rare for all segments of society to partner against an ecology issue. The works to be carried out in this way have the chance to have results that “exceed the Kanal Istanbul project” on the way of defending and protecting life and overcoming the problems of democracy.
As it is known, Kanal Istanbul (coastal structures [yachts, container harbors and logistics centers) planned to be constructed by the Directorate General of Infrastructure Investments of the Ministry of Transport and Infrastructure in the European Side of Istanbul, Küçükçekmece, Avcılar, Arnavutköy, Başakşehir district, sea area acquisition, The EIA report submitted to the Ministry of Environment and Urbanization regarding the project (including bottom screening, concrete plants) was reviewed and evaluated by the Evaluation and Evaluation Commission and the Environmental Impact Assessment (EIA) positive decision was made.
As it is also known; Despite the fact that hundreds of legal entities and thousands of citizens objected to the final EIA report within the objection period ended on January 2, 2020, it was announced that a positive decision was made on January 15, 17, without considering the objections in a short period of 2020 days.
Before the change of the zoning plan for the project has been finalized, the fact that the "positive" decision has been made about the EIA report with extraordinary speed and sloppyness, finally, the Minister of Transport, Mehmet Cahit Turhan said, "The tender for Kanal Istanbul will be held this year and the first digging will be hit during the year," It shows that the central government will try to bring the work done.
There are three basic elements of ensuring the right to live in a healthy and balanced environment, which is guaranteed by the Constitution and international conventions. These; is the right to information, to participate in decision processes and to access justice. In the Kanal Istanbul project, it is evident that the requirements for the right to information and the right to participate in decision-making processes have not been fulfilled, and we observe efforts to neutralize the right to access to justice, which is the last stage. Therefore, it is obvious that the litigation process should be carried out 'in a strength and quality to prevent interference with the judiciary'.
In this context, I present my suggestions below to your attention and evaluations;
Opening the case without a 17-day period (Monday, February 2020, 30) as of January 17, 2020, when the EIA positive decision was announced, the district mayors that will be affected by the project, TMMOB and affiliated chambers, TBB and Opening with a single petition that thousands of citizens who object to the bar associations, TTB and medical chambers, political parties, unions, associations and other legal entities will be plaintiffs,
Coordination of this work is done by the Istanbul Metropolitan Municipality, the science and law commission will be established and the case file is prepared for the weekdays and weekends. There are many academic rooms, bar associations, scientists and lawyers ready for this, making a call by your Presidency will be sufficient.
It will be opened with hundreds of institutions and hundreds of thousands of citizens, and the effect of this case, which can be called the 'cause of the century', will be enormous.
As a result of the elections held on March 31 and June 23, 2019, this will be a crucial chance of a vital achievement regarding the nature and future of Istanbul this time. Social morale and energy, which will create this, will open the door to the solution of our other problems with legal security and democratic methods, as well as the problem of "Kanal Istanbul".
I think this historical opportunity should not be missed.
I wish to evaluate my thoughts and suggestions, and I offer my respects. (Source: T24)