EUROPEAN HUMAN RIGHTS COURT

Council of Europe

Strasbourg, France

APPLICATION

Submitted upon the Article 34 of the European Convention of Human Rights and articles 39,40,41,42,45 and 47 of the Court Regulation

I- PARTIES

A – PLAINTIFFS

Surname: AHUNBAY 2. Name: Zeynep

Sex: Female

Nationality: Turkish 4. Profession: Conservation architect , Professor of Conservation at Istanbul Technical University, Faculty of Architecture , Istanbul,Turkey

Date of birth and place : 20.06.1946 , Ünye/ Turkey

Place of residence : Ağa Çırağı Sok. 8/6 Taksim/Beyoğlu/Istanbul/ Turkey

Phone number : 00 90 0212 293 77 79

Current address : Ağa Çırağı Sok. 8/6 Taksim/Beyoğlu/İstanbul/TURKEY

Positions held and activities related to the site:

Participation in excavation and conservation works at Hasankeyf : 1998-2000
Presentation of Hasankeyf as a Heritage at Risk site to ICOMOS Europe
Organization of seminars for the salvage of Hasankeyf during the years 1999-2005, as president of ICOMOS Turkey

Surname: ARIK 2. Name: Oluş

Sex: Male

Nationality: Turkish 4. Profession: Professor of Art History and Archaelogy

Date of birth and place : 28.07.1934 , Ankara / Turkey
Place of residence : Yeni Kordon 1. Sok. Soydan 5/A-11 Çanakkale/Turkey

Phone number : 00 90 0286 213 13 04

Current address : Yeni Kordon 1. Sok. Soydan 5/A-11 Çanakkale/TURKEY

Positions held and activities related to the site:

Preliminary surveys and archaeological investigations at Hasankeyf : 1985
Director of archaeological excavations at Hasankeyf : 1986 - 2003

( mandate ended in 2003 by administrative decision )

Author of the book “Hasankeyf, Üç Dünyanın Buluştuğu Kent / Hasankeyf, The City Where The Three Worlds Meet”, Istanbul 2004, Türkiye İş Bank Publication

Surname: AHUNBAY 2. Name: Metin

Sex: Male

3. Nationality: Turkish 4. Profession: Architect, archaeologist, Professor of architectural history

Date of birth and place : 19.05.1935 – Istanbul /Turkey

Place of residence : Ağa Çırağı Sok. 8/6 Taksim/Beyoğlu/Istanbul/TURKEY

Phone number : 00 90 0212 293 77 79

Current address : Ağa Çırağı Sok. 8/6 Taksim/Beyoğlu/İstanbul/ TURKEY

Positions held and activities related to the site:

Architectural research and documentation at Hasankeyf : 1986-1991, 1998-2001

Surname: YÜKSEK 2. Name: Özcan

Sex: Male

Nationality: Turkish 4. Profession: Journalist

Date of birth and place : 10.05.1963 , Rize / Turkey

6. Place of residence: Kılıç Ali Paşa Mah. Akarsu Yokuşu No: 4/4

Cihangir/Beyoğlu/İstanbul/ Turkey

Phone number : 00 90 212 410 35 48

Current address : Kılıç Ali Paşa Mah. Akarsu Yokuşu No: 4/4

Cihangir/Beyoğlu/İstanbul/ TURKEY

Positions held and activities related to the site:

Publication of several articles about Hasankeyf and organizer of a campaign for the salvage of Hasankeyf as editor of ATLAS monthly, a popular journal on environmental, geographical and cultural topics

Surname: CANO 2. Name: Murat

Sex: Male

Nationality: Turkish 4. Profession: Attorney at law

Date of birth and place : 01.01.1953 , Erzincan /Turkey

Place of residence: Taksim İstiklal Caddesi Meşelik Sokak No:36 K:3 D:8

34433 Beyoğlu-Istanbul/TURKEY

Phone number : 00 90 212 252 92 32 pbx

Current address : Taksim İstiklal Caddesi Meşelik Sokak No:36 K:3 D:8

34433 Beyoğlu-Istanbul/TURKEY

Positions held and activities related to the site

Attorney at law specialized in minority rights and protection of cultural heritage

B- HIGH CONTRACTUAL PARTIES

1- Republic of Turkey

2- Federal Republic of Germany

3- Republic of Austria

II- STATEMENT OF FACTS

14.1 The Republic of Turkey has started a project : Ilısu Dam, which consists of a dam and a hydroelectric power plant over the river Tigris . The region in which this project will be realized is located within the cultural sphere of ancient Mesopotamia.

The dam and the hydro-electric power plant in question are intended to be commissioned to an international consortium lead by a Swiss firm, accompanied by firms from the Federal Republic of Germany, Republic of Austria and Turkey.

14.2 According to information gathered from national press, the construction of the dam will start in March of 2006. There are plans to move some of the historic monuments from the ancient city to another location at a higher position in the landscape, in order to save them from being inundated by the dam.

The projected Ilısu dam aims to generate a 170 km long lake which will stretch from Hasankeyf in Batman province to Cizre county in Şırnak province. The capacity of the dam reservoir is 11.400 billion cubic meters. It is intended to hold 7.4 billion cubic meters of water constantly (the yearly flow of the Tigris is 16 billion cubic meters).

According to the survey conducted by Prof. Algaze, about 200 sites dating from prehistory up to the Middle Ages will be affected by the construction of the dam. No serious excavation has been conducted in most of the archaeological sites in the threatened area. Excavations in Hasankeyf have been going on about twenty years now, but the archaeological potential of the site is far from being fully exploited. The researches so far have revealed important finds relating to the history and archaeological significance of the site. These can be summarized as follows:

a) HASANKEYF is a significant representative of man’s creative genius

Monuments and groups of buildings within Hasankeyf testify to highest level of design and ingenuity. The tomb of Zeynel Bey, the Mosque of Sultan Suleyman, the bridge over the river Tigris and the Castle can be mentioned as outstanding examples of their time and architectural types. The excavations revealed presence of Chalcholithic settlement in the lower city and Assyrian presence (8th century B.C) in the cave dwellings. The foundation of the Castle goes back to the rule of the Roman Emperor Constantinos.

b) HASANKEYF is a witness to an important interchange of human values, of developments in architecture, and in monumental arts Hasankeyf, is located within Mesopotamia, one of the cradles of humankind. Archaeological remains from Roman to Seljuks are visible in the settlement. Its collection of architectural remains from Artukid, Ayyubid and Akkoyunlu periods reflects that this is a point where different cultures met and merged . Craftsmen coming from the east, like the architect of Zeynel Bey Mausoleum, have introduced glazed tile architecture to this land of stone building tradition . The glazed tile architecture was fashionable in central Asia, especially in Semerkand, capital of Tamerlane’s Kingdom. Thus, an architectural taste within a geographical region which stretched from Semerkand to Istanbul, found its expression also in Hasankeyf. To identify and understand these relationships is important for the cultural history of the world. The wide spanning arches of the famous bridge of Hasankeyf was a structural wonder to its spectators when it linked not only the two sides of the town in the Middle Ages but also provided passage from the south to the north. The Ottoman Bridge in Mostar built in the middle of the sixteenth century incorporates the knowledge and technology inherited from this bridge. Being on the Silk Road, Hasankeyf was a stopping point for many travellers who brought interesting ideas to this place and took their valuable experiences from this wonderful town to far away cities, inspiring new ideas.

c) HASANKEYF bears testimony to cultural traditions which have disappeared

Hasankeyf is a settlement with many layers: it has remains from prehistoric/ Chalcholithic, up to the late Ottoman period. It is almost unique in being preserved with all its medieval features because the site has been deserted long time ago. Roman, Byzantine, Artukid, Ayyubid and Akkoyunlu cultural layers provide information about the way of living of the people who occupied this territory at different periods in history.

d) HASANKEYF is a significant cultural landscape with its outstanding examples of cave dwellings, religious and funerary monuments

The monument which is called Kızlar Camii is an interesting funerary building which has no matching example in the Islamic world. The mausoleum of Zeynel Bey is the only surviving example of a central Asian styled tomb in the region, built with glazed tiles and preserving its double shelled dome. The cave dwellings and monuments carved into the rock are also interesting features of this settlement . The importance of providing living spaces within the soft rock has lead to unique solutions. There are also religious buildings, a church and a mosque are carved into the solid rock. The landscape is spectacular; the relationship of the river Tigris with the city on top of the high rising cliffs creates a unique landscape. The impressive gateways to the castle and the integration of one of the main towers of the castle with the main rock make an unmatched compostion.

e) HASANKEYF is an outstanding example of a natural and archaeological site which has become vulnerable under the impact of irreversible change Hasankeyf preserves its cave dwellings and the Medieval urban structure, yet the bedrock is sensitive to the penetration of water through the fissures . The interesting water conveyance system, religious and military architecture, dwellings and shops cut into the rock are vulnerable to the action of men and nature. At the moment, the Ilısu Dam Project is the most serious danger for the site. It is essential to preserve this exceptional cultural landscape from all potential risks for the benefit and enjoyment of all mankind .

f) HASANKEYF is directly associated with living traditions, ideas and beliefs – (intangible heritage) According to local legends, Hasankeyf is associated with some Biblical myths . It is believed that the cave of the famous “seven sleepers” is in the vicinity of Hasankeyf. Several of the mosques, graveyards, mausolea in Hasankeyf are considered as holy places of worship and are greatly venerated by the local people as they have great respect for their ancestors and monuments with religious significance..

III- STATEMENT CONCERNING THE CLAIMS OF CONTRACT AND PROTOCOL VIOLATIONS

15.1 The following articles of the Convention for the Protection of Human Rights and Fundamental Freedoms are being violated: Article 1, entitled “Obligation to respect human rights”; Article 2, entitled “Right to Life”; Article 5, entitled “Right to Liberty and Security”; Article 9 on “Freedom of Thought”; Article 10 on “Freedom of Expression” and Article 14 on “the Prohibition of Discrimination” and Article 2 of the Protocol no. 1 to the Convention, entitled “Right to Education”.

15.2 According to the first sentence of the Article 2 of “the Convention for the Protection of Human Rights and Fundamental Freedoms”, adopted on 4.10.1950 in Rome, and henceforth called the Convention, “Everyone’s right to life shall be protected by law” .

“The right to life”, no doubt, covers not merely the physical sustenance of the biological existence of the individual. Apart from the biological and physical existence, human beings acquire intellectual, artistic and spiritual values and pass these on to future generations. Human beings need to have the rights and the freedom to make use of their rights in order to benefit fully from the right to life. Therefore Article 1 of the Convention obliges the state parties to “secure to everyone within their jurisdiction the rights and freedoms defined in Section 1 of this Convention.”

15.3 One of the rights secured by the Convention is the “Right to Education”. This right should not be understood solely as the education provided by standard schools at different levels. Every human being has the right to visit, get in contact , understand, learn about different cultures and their cultural heritage, thus know about the past and the other cultures. Direct contact with the “previous” and “the other” cultures are primary and ideal means of learning and being educated.

It is only possible to learn more about “the previous” and “the other” cultures by studying the artifacts or remnants of the past eras or peoples. For this reason, the cultural heritage should be accessible to everyone and at all times. Accessibilty is only possible if the cultural heritage is protected. Expressed in legal terms, the right of access to information includes the right of access to the valuable remains of past civilizations: the chance to see, study and make historic and scientific deductions from these objects or works of art.

15.4 No discrimination should be made among cultures and cultural heritage belonging to people.

15.5 The right of access to information is possible and meaningful if there is freedom to share information. If information is not shared, it will not be possible to convey values of one culture to other people. In such cases, “common human values” and “shared values” can not be established globally. This may deprive humanity from developing a mutual understanding which can contribute to the development of a conscious effort for living together in peace. In fact, the works of art and culture unite people and provide a common basis for appreciation of human achievements. The invisible bridges which cultural heritages of mankind build among peoples of the world are the foundations on which world peace can flourish.

15.6 Hasankeyf is a significant site which meets more than one of UNESCO’s criteria for the asssessment of outstanding universal value; at national level Hasankeyf site is scheduled as an archaeological site of major importance by the Turkish authorities. It is well known that the ancient cultures which have developed along the Nile and in Mesopotamia are the precursors of Mediterranean civilization, also the beginning of the world civilization. To destroy the vestiges of the past cultures means to erase some part of man’s collective memory. Hasankeyf is not only a unique Medieval site with a spectacular landscape, its archaeological treasures include prehistoric times, there are significant contributions from the Roman culture; the remains of the military stronghold at the eastern border of the Eastern Roman Empire were revealed during recent excavations. In view of its significance and in accordance with the European Convention on the Protection of the Archaeological Heritage (revised in Valetta in 1992), the responsibility of protecting the archaeological heritage in Hasankeyf should be shared by Turkey and all the other European countries.

15.7 The preliminary project, proposed by the high contractual states for the transfer of some of the major monuments in Hasankeyf is not acceptable; it should not be put into action. The medieval monuments in Hasankeyf are mostly constructed using rubble masonry, which means that the building material is not blocks of regular geometry but consists of roughly shaped stones joined together with strong mortar. When one tries to dismantle monuments built with this technique, the architectural members will disintegrate into rubble. The authenticity of the site will be lost if only some parts of the monuments (like minarets or gateways ) which are built with regular blocks are selected for transfer to the site which will be the “ New Hasankeyf”. It is very complicated to cut and transfer cave dwellings and shops carved into the bedrock. Moreover, it is impossible to recreate the spectacular natural landscape which is very important for the appreciation of the ancient site. The high cliffs which have been formed by the action of the Tigris river in the course of millions of years, the river itself and the citadel are the major elements which are not transferrable. Since the archaeological excavations at Hasankeyf are far from being complete, the site will suffer seriously from inundation by the loss of archaeological information the unresearched areas would provide .

15.8 We, the applicants, believe that the inundation of Hasankeyf will result in the loss of historic, scientific and landscape values which are important for all mankind. The execution of the dam project will affect us in a negative way , depriving our access to cultural heritage- a human right which is very important for aesthetic and scientific reasons; since cultural heritage is a source of inspiration and information for all human beings. Therefore, we will be relieved and benefit greatly from the removal of potential dangers and related losses which will be caused by the construction of the Ilısu dam and the transfer of monuments.

IV- STATEMENT ON PARAGRAPH 1 OF ARTICLE 35 OF THE CONVENTION

We, the applicants, as Turkish citizens, do not have the right to intervene to the transactions related to the Ilısu Dam carried out in the Federal Republic of Germany and the Republic of Germany. Therefore, it seems out of question to “exhaust” the courses of domestic law in those countries. The lawsuit by lawyer M. Cano in the year 2000 against the administrative processes by the Republic of Turkey has not been concluded yet. Since the decisions and administrative processes made by the governments and the respective public organizations of the other high contractual parties were not disclosed, we do not know what these are. Moreover, the “administrative practices” of the high contractual states show that applying to the domestic law does not promise to be fruitful. In fact, although the UK, Sweden and Italy withdrew from the international consortium, previously established on the initiative of the Swiss firm, the implementation of the project came up again , due to the political and administrative public institutions in Turkey and the guaranteed credit by the governments of the Federal Republic of Germany and the Republic of Austria.

V- STATEMENTS ON THE PURPOSE OF THE APPLICATION AND DEMANDS IN ACCORDANCE WITH EQUITY

19. The purpose of the application is ;

1. To stop the construction of the Ilısu Dam before some monuments in Hasankeyf are damaged by dismantling/ transfer projects and the region is flooded . In order to gain time to consider the case fully, but not permitting any destruction to the cultural heritage in the reservoir basin, temporary injunction measures are necessary (according to the Article 39 of the Court Regulation); urgent serving method should be applied to notify the consortium of the intervention (according to Article 40) ; in view of its importance, the case should be considered in priority (according to Article 41) ; evidence should be gathered (according to Article 42),

2. To establish the fact that the articles 1., 2., 5., 9., 10. and 14. of the Convention and the article 2 of the Protocol no. 1 to the Convention are being violated .

VI- STATEMENT ON THE COURSE OF ACTIONS IN OTHER INTERNATIONAL OFFICES

20. Lawyer M. Cano applied to the EU, Council of Europe, UNESCO and to all the member countries which took part in the previous composition of the consortium. UNESCO and the Council of Europe did not respond. England, Italy and Sweden authorities withdrew from the project. The EU, the Federal Republic of Germany and the Federal Government of Austria responded negatively.

Afterwards, an application was sent to the General Office of the Council of Europe by Lawyer M. Cano and, along with the 20 members of the Dams and Cultural Heritage Watch Committee of which Prof. Dr. M. Ahunbay and Prof.Dr. Z. Ahunbay are also members.

VII- LIST OF ATTACHED DOCUMENTS

21. 1. Decision number 2000/36-274, dated 6.4.2000 of Ankara 4th Administrative Affairs Court, refusing to review the case; referring it to the Administrative Court in Diyarbakır

2. Decision number 2000/5169-5217 dated 16.10.2000 of Supreme Court, Division 10, referring the case to Diyarbakır Administrative Affairs Court.

3. Decision nubler 2001/205-99, dated 22.2.2001 of Diyarbakır Administrative Court refusing to discuss the case, referring it to the Supreme Court in Ankara.

4. Decision number 2001/1243-1006 dated 20.11.2001 of Diyarbakır Administrative Affairs Court refusing to discuss the case.

5. Decision number 2002/1880 dated 4.6.2002 of Supreme Court, Division 10 related to negating the decision of Diyarbakır Administrative Affairs Court

6. Decision of Supreme Court, related to file number 2002/1880 , 2003/2458 on 16.3.2003 negating the decision of the Diyarbakır Administrative Affairs Court (decision taken with majority of votes)

7. Letter dated 18.4.2005 sent in response to the application of one of the applicants, Attorney M. Cano to the Administrative Affairs Court in Diyarbakır on 21.03.2005

8. Copy of letters sent by Attorney M. Cano to UNESCO, EU, Council of Europe and the letter sent in response by the Permanent Commission of EU

9. Petition presented to EU General Secretariat by the Turkish Dams and Cultural Heritage Watch Committee and the related report by MS Stepova

10. Clip from the Turkish daily “Referans” dated 4.2.2006

11. A copy of the book Hasankeyf Üç Dünyanın Buluştuğu Kent / Hasankeyf, The City Where The Three Worlds Meet”, Istanbul 2004, Türkiye İş Bank Publication by applicant Prof.Dr. Oluş Arık

VIII- SIGNATURE AND RATIFICATION

22. We certify that the information provided here is correct .

With best regards, 23.2.2006 Istanbul /Turkey

Professor Zeynep Ahunbay Professor Metin Ahunbay

Professor Oluş Arık

Özcan Yüksek Attorney Murat Cano