In the Istanbul İstanbul EIA Final Report, a lawsuit was filed by TMMOB and its affiliated Chambers, taking into account the negative impact of the Kanal Project on the protected areas and cultural heritage or the threats it poses on these areas.
Since its establishment, Chambers affiliated with TMMOB have been obliged to fulfill their duties by following legal processes when necessary, against decisions and practices that are against the law, science and public interest, and for this reason they open a concrete case.
Designed on the Sazlıdere - Durusu route in the Küçükçekmece Lagoon Basin of Istanbul; Within the scope of the Kanal Istanbul Project application, which was planned on 30.12.2019, with the EIA Positive Decision on 1, the tender decision was taken for the transportation of two bridges. .
Kanal Istanbul Project is not only two historical bridges; It is a project that threatens cultural existence with many natural and archaeological sites. It will lead to the change of a landscape in the west of Istanbul that has been formed in thousands of years, the destruction and destruction of important archaeological and monumental structures. Project corridor; It will pass through the Avcılar-Küçükçekmece 400.000st Degree Archaeological Site, which includes the Halfburgaz Caves, which is an important archeological site in terms of human history, dating back 1 years. Reghion 1st, 2nd and 3rd Degree Archaeological Site, Spradon 1st and 3rd Degree Archaeological Site, Resneli 2nd Degree Archaeological Site, Azatlı Baruthane, Water Pump Station on the shore of Lake Terkos, 9 pillboxes and Canal Istanbul EIA According to the Final Report, 119 cultural assets remain in the Project Influence Area.
In the Kanal Istanbul EIA Final Report, there is no assessment of the negative impact on the protected areas and cultural assets of the Kanal Project or the threats to be posed on these areas. First of all, it ignores the necessity to make a zoning plan for conservation purposes.
Natural, archaeological, rural and urban elements have been discarded for the Canal Project, which is ultimately a very controversial necessity; precious landscaping, archaeological heritage, rural and urban architecture, thousands of years of history and the first step of practices that will destroy an extraordinary topography were taken with the subject tender.
A tender was held on 1 by the General Directorate of Highways, Istanbul 26.03.2020st Regional Directorate under the title "Procurement of Reconstruction Projects of the Historical Concierge and Historical Dursunköy Bridges Remaining at the Canal Istanbul Domain". When the tender specifications are examined, it is seen that there are studies and project service procurement works for the transportation of two historical bridges on the Canal route. The Odabaşı and Dursunköy Bridges Subject to the Tender are the Registered Immovable Cultural Property to be protected within the scope of the Law No. 2863 on the Protection of Cultural and Natural Heritage.
The tender, which includes "irreversible interventions such as transport and reconstruction" of Bridges, which are registered immovable cultural assets, is against national and international protection principles.
As a result; Before preparing the documents (architectural drawings, survey-restitution-restoration projects and static reports, etc.) that reveal the current status of the bridges in accordance with legal standards and are approved by the Board;
- Without an approved technical report that scientifically evaluates whether "on-site protection" is possible based on these documents;
- Without a technical report which demonstrates the “transport” requirement for the bridges and which has been approved by the Ministry of Culture and Tourism;
- By determining the places where the reconstructions of the bridges will be determined, without the approval of the Regional Boards for the Protection of Cultural Heritage as per Article 2863 of the Law No. 20;
- Without a decision on how and by which methodology the historical artefact will be transported, and where, using which techniques and under what conditions;
The project tender to be held is legally and technically unjustified, and it is against the law to make it without a conservation board decision and permission.
According to the Zoning Legislation, the Tender Opened without the Zoning Plan is not in accordance with the Law.
The original structure of the bridges will be broken.
The deterioration or destruction of cultural assets that have the obligation to transfer to the next generations in order to realize the Kanal Istanbul Project is against the International Conventions, the Constitution and the law.
It is against the law to take a tender decision before the conclusion of lawsuits filed against Kanal Istanbul EIA positive decision and environmental plan change.
With the request of the cancellation of the EIA Positive Decision of the Ministry of Environment and Urbanization regarding the Canal Istanbul Project, dated 17.01.2020; Union of Chambers of Turkish Engineers and Architects, TMMOB Chamber of Architects Istanbul Metropolitan Branch, Chamber of City Planners Istanbul Branch, Chamber of Mechanical Engineers Istanbul Branch, Chamber of Civil Engineers Istanbul Branch, Chamber of Electrical Engineers Istanbul Branch, Chamber of Agricultural Engineers Istanbul Branch, Chamber of Landscape Architects Istanbul Branch, There are lawsuits filed by the Geophysical Engineers Chamber Istanbul Branch, the Map and Cadastral Engineers Chamber Istanbul Branch, the Chemical Engineers Chamber Istanbul Branch, the Geological Engineers Chamber Istanbul Branch, the Environmental Engineers Chamber Istanbul Branch.
Therefore, while the proceedings are continuing with the claims that the Environmental Plan Change, which has been included in the plan as a waterway and the environment has been settled as the EIA Positive Decision and the Canal, is incompatible with the principle of efficient use of resources to carry the two historical bridges in the canal domain.
On the other hand, it is no doubt that the decision to be made in the said cases will determine whether the “necessity” requirement of Law No. 2863 for the transportation of cultural assets has been fulfilled.