20.04.2005 - Source: Konrad Adenauer Stiftung

Enteignungen von Gebäuden im Raum IStanbul ("Politischer Bericht - Türkei") [#31650],  [ID 14543]

"Durch Beschluss des türkischen Kabinetts hat die Großstadt Istanbul weit reichende Kompetenzen bei der Enteignung von privaten Immobilien übertragen bekommen. Von 1,3 Mio. Gebäuden in Istanbul, sollen nur 500.000 gemäß den Bauvorschriften gebaut worden sein. Da die Region um Istanbul in mitten einer aktiven Erdbebenzone liegt und zudem die sog. Gecekondus (Über Nacht erbaute Häuser) das Stadtbild verunstalten, erhofft sich die Großstadtverwaltung damit ganze Stadtteile in kleinen Tälern und an Flüssen ganz von Gebäuden befreien zu können. Bisher konnten nur durch Gerichtsbeschluss Gebäude enteignet und abgerissen werden. Nach Aussagen des zuständigen Baudirektors der Istanbuler Stadtverwaltung plane er 90.000 Gebäude zu enteignen und abzureißen."

Document(s): Open document

17.01.2005 - Source: UN Human Rights Council (formerly UN Commission on Human Rights)

UN Commission on Human Rights (CHR): report on housing standards; compensation for forcibly evicted persons ("Report of Miloon Kothari, Special Rapporteur on adequate housing as a component of the right to an adequate standard of living - Summary of information transmitted to Governments and replies received [E/CN.4/2005/48/Add.1]") [#30295],  [ID 14544]

"Communication sent
42. On 11 December 2003, in a joint letter of urgent appeal with the Special Rapporteur on freedom of opinion and expression, the Special Representative of the Secretary-General on human rights defenders, the Special Rapporteur on the independence of judges and lawyers and the Representative of the Secretary-General on internally displaced persons, the Special Rapporteur sent a communication to the Government of Turkey inquiring about the case reportedly lodged by the Governorate against Sezgin Tanrikulu, Sabahattin Kormaz, Burhan Deyar and Habibe Deyar, all lawyers of the Diyarbakir Bar Association. It is alleged that these lawyers were indicted on 3 June 2003, under article 240 of the Turkish Penal Code and article 59/1-2 of the Law on the Legal Profession, for “misconducting duty” and “abusing their legal responsibility” in connection with their involvement in compensation cases of villagers who were reportedly forcibly evicted from their homes, which were later burned, during the years 1993 and 1994. Reportedly, the compensation cases involved 96 villagers from Çaglayan village of Kulp district (Diyarbakir), and Ziyaret and Uluocak villages of Lice district. The letter expressed concern that the court case had been launched against the lawyers to intimidate and prevent them from denouncing the forced evictions and house demolitions, which had resulted in forced displacement, reportedly carried out between 1989 and 1999 as a form of punishment against the Kurdish population living in southern and south-eastern Turkey. The letter also urged the Government to provide information about the steps taken in compliance with various international legal instruments concerning the case.

Government reply
43. On 20 January 2004, the Government of Turkey replied that the four lawyers had been acquitted on 24 December 2003. The Government further stated that the root causes of internal displacement in Turkey had been the scourge of terrorism that the country had suffered for two decades. According to the Government, large numbers of citizens had been compelled to leave their homes due to intimidation, harassment and attacks by terrorist organization PKK/KADEK. The Government also stated that a small number of settlements had to be evacuated by the relevant authorities to ensure the safety of the people as a precaution.

Communication sent
44. On 3 November 2004, in a letter of urgent appeal, the Special Rapporteur sent a communication to the Government of Turkey inquiring about forced evictions reportedly undertaken and planned in the municipality of Alibeyköy, Istanbul. According to the information received, 35 families were forcibly evicted from their homes by State security forces on 11 October 2004, many of whom were reported to be homeless at the time of the communication, or without adequate housing. It was further alleged that the municipality did not follow proper procedures for expropriation of property in Alibeyköy and that the municipality had proposed relocation to buildings which were reportedly considered inadequate due to prohibitive cost and other factors. These actions allegedly constitute a denial of housing and living conditions meeting the most fundamental international standards related to the enjoyment of economic, social and cultural rights.

45. According to the information received, Alibeyköy is predominantly made up of immigrants from the former Yugoslavia who reportedly constructed their own homes around the factories established in the area during the 1950s and 1960s. It is reported that most of the residents continue to face poverty today and many are said to earn the Turkish minimum wage of 330 million lira a month. Allegedly, the residents of close to 150 other houses were facing eviction in the immediate future. According to the information received, residents who had approached the municipality were being told that they would receive compensation, although it was alleged that the amount was not equal to the present value of their current homes and inadequate for the purchase of a similar home.

Government reply
46. On 16 December 2004, the Government of Turkey informed the Special Rapporteur that the settlement in Alibeyköy area, along the Küçükköy-Alibeyköy River, was one of the many that had been developed in an unplanned manner over the years. The Government stated that the dwellings in question, mainly squats, were built illegally on land belonging to the Istanbul Metropolitan Municipality and the General Directorate of Foundations at the Prime Ministry. According to the Government, the area had become more prone to floods since the houses function as water collection canals. In order to protect the residents and to enhance the water expulsion capacity of the river basin, the Waterworks and Sewage Management of the Istanbul Metropolitan Municipality prepared a project to reorganize the area, according to which the houses within a 30-metre perimeter along the banks of the Küçükköy-Alibeyköy River had to be cleared.

47. According to the Government, the inhabitants of the houses were given notice and were offered alternative accommodation in accordance with article 13/b of the Code on Construction Amnesty (No. 2981 (3290-3366)) and its Implementation By-Law and the Code on Squatter Houses (No. 755) and its Implementation By-Law. However the inhabitants did not react to these offers. The Municipality succeeded in identifying 18 families who were owners of their houses. The house owners were also offered alternative accommodations, which were social dwellings of 109 m2 in Güzeltepe neighbourhood, close to Alibeyköy. One fourth of the cost of each flat was paid by the Municipality. The remaining families affected were tenants. The Municipality also offered them alternative social dwellings in Güzeltepe and to reimburse the rents for one year following the eviction. Only some of the tenants responded positively. Eviction orders were sent a week prior to the eviction on 11 October 2004. An ambulance was on hand during the eviction. The Municipality also provided removal support to the evictees and their belongings were safely moved to their alternative accommodations. Some of the inhabitants who were resisting the eviction process were kept in a nearby school garden by police officers in order to prevent any social disturbance. It is also planned to expropriate other houses in the same area. The Municipality negotiates with the owners to reach an agreement on their eviction. In case the negotiations bear no result, a lawsuit will be filed in accordance with the relevant articles of the Code on Expropriation."

Document(s): Open document

04.10.2002 - Source: Internal Displacement Monitoring Centre (formerly Global IDP Project)

Norwegian Refugee Council - Global IDP Project: (""Profile of internal displacement: Turkey"") [#8846],  [ID 14545]

Document(s): Open document