Constitutional Court says locals' right to a fair trial is violated

* Photo: North Forests Defense

Click to read the article in Turkish

The Constitutional Court has pronounced its verdict regarding the legal struggle waged by the locals against the Wind Power Plant (WPP) to be built in Karaburun, İzmir and the positive Environmental Impact Assessment (EIA) report issued for the project by the ministry.

The locals from the district in Turkey's Aegean province and the Karaburun City Council have been struggling against the project since 2014.

The Constitutional Court has concluded that their right to a fair trial has been violated during their legal struggle for the environment and ecology.

Legal struggle of the locals

The people of Karaburun and the Karaburun City Council applied to the İzmir 5th Administrative Court on February 26, 2015 and requested the cancellation of the positive EIA report given for the "Sarpıncık Wind Power Plant Project". The related positive report had been given by the Ministry of Environment and Urbanization on January 13, 2015.

Examining the request of the locals and the council based on the inspections and expert examinations in the project site and its surrounding area, the İzmir 5th Administrative Court cancelled the project on October 22, 2015.

Indicating that "the wind power plants had been constructed in compliance with the technical requirements," the court noted that "in order for a technical project to be put into effect, it had to be ecologically acceptable."

The court verdict also considered "the cumulative environmental impact of the existing wind turbines in the peninsula." Underlining that "there had already been wind power plants in the region," the verdict indicated that "the living creatures in the peninsula could not find a shelter in the region in the event that the project was implemented."

However, this verdict was appealed by both the ministry and the investing company. The file was sent to the 14th Chamber of the Council of State, which reversed the verdict of the local court on March 29, 2016. With this reversal, the people of Karaburun had no longer any legal remedies available to challenge the project or the positive EIA report.

Constitutional Court: A retrial is necessary

With their objection rejected by the Council of State, the locals applied to the Constitutional Court on July 18, 2016.

The supreme court accepted the application with a decision no. 2016/13031 on September 29, 2020. It has concluded that the applicants' right to a justified ruling has been violated by the 14th Chamber of the Council of State. Constitutional Court has ruled that a retrial shall be held so that the consequences of the right violation can be eliminated.

'This verdict is a guiding light'

Cem Altıparmak, who was following the judicial process in the name of Karaburun people and made the application to the Constitutional Court, has commented on the Constitutional Court decision as follows:

"The Constitutional Court verdict confirms that it led to a right violation when the Council of State, without offering any reasonable or sufficient justification, disregarded a court verdict which had been achieved by making so much effort, going to so many expenses and working so much.

"More importantly, it does not only confirm it, but it also returns the file to the Council of State for a retrial so that the right violation can be eliminated.

"This verdict of the Constitutional Court is a guiding light for the people who lost the cases that they had won at local courts after the Court of Cassation gave a verdict without offering any reasonable justification or making another inquiry, as in the case of Karaburun people.

"Even when you are the Council of State, you cannot just disregard the verdict of a court without any justification. I am sure that with this ruling of the Constitutional Court, both the attitude towards these cases and their implementation. More precisely, they need to change. We will keep on following this issue closely." (SO/SD)