Lawsuit filed against construction plans for mass grave site in Newala Qesaba

lawsuit-filed-against-construction-plans-for-mass-grave-site-in-newala-qesaba

The Chamber of City Planners in Amed (tr. Diyarbakır) has filed a lawsuit in administrative court against a controversial development plan for the Newala Qesaba site. The area is considered one of Turkey’s most notorious mass graves, where victims of earlier massacres of Armenians and Kurds were buried. The city planners are demanding that the plan amendment, which would open the area for residential development, be revoked.

According to the chamber, the new development plan adopted by the state-appointed trustee in Siirt province violates the provisions of the Turkish Spatial Planning Regulation. In particular, no participation procedures were carried out, such as hearings, surveys, or workshops, as required by the provision to safeguard the public interest.

Criticism of lack of infrastructure and non-transparent planning

The chamber stated that the demographic assumptions were massively expanded in the new plan: the assumed population was increased from 1,815 to 6,814 – without, however, allocating sufficient space for schools, parks, health facilities, or technical infrastructure. In addition, the originally planned parking space was even reduced. A visual representation of the earlier plans was also not included in the report submitted.

Another point of criticism concerns the lack of an official reference number for plan amendments. This is a prerequisite for any legally binding planning measure, explained the chamber, referring to a corresponding circular from the Ministry of the Environment, Urban Planning, and Climate Change dated December 31, 2013. Without this number, the plan is de facto not legally valid. Therefore, the responsible local council bears legal responsibility in the event of possible damage resulting from building permits issued on the basis of the plan.

According to the city planners, the public display of the plan was also unlawful, as no proper participation procedure could have been carried out without a reference number. The simultaneous posting of both the new land use plan and the corresponding development plan also contradicts legal requirements, according to the chamber. With its lawsuit, the chamber is demanding the immediate suspension of implementation and the final cancellation of the plan.

Political background: Municipality decision reversed

The Peoples’ Equality and Democracy Party (DEM), which regained control of the city of Siirt in the local elections on March 31, 2024, officially repealed an earlier version of the development plan the following June. However, following the reappointment of a trustee in January this year, the same plan was reactivated – this time with the intention of constructing buildings with five to eight stories on the site.

The “Butcher’s Creek” Newala Qesaba

Newala Qesaba (literally translated as “Butcher’s Creek”) is located in the immediate vicinity of the city center of Siirt and, according to the Human Rights Association (IHD), covers an area of around 405 hectares. The site is considered a historical memorial because victims of genocide, pogroms, and extrajudicial executions were buried there during various phases of the 20th century. Newala Qesaba has been the subject of songs, documentaries, novels, and literary essays on numerous occasions.

Source: ANF News

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