Information Note on the Court’s case-law 198

July 2016

Ahunbay and Others v. Turkey, Austria and Germany (dec.) - 6080/06

Decision 21.6.2016 [Section II]

Article 8

Article 8-1

Respect for private life

Dam construction threatening important archaeological site: communicated

In 2006 work began on constructing the Ilısu dam as part of a project to create a dam and a hydroelectric power plant on the River Tigris. The project poses a direct threat to the Hasankeyf archaeological and cultural heritage site, which is over six thousand years old and is classified as a “Category I protected site” by the Turkish authorities. According to the report entitled “ Cultural aspects of the Ilisu Dam Project, Turkey ”, submitted to the Parliamentary Assembly of the Council of Europe on 18 December 2001 , construction of the Ilısu dam is liable to result in the disappearance of a large part of the upper Tigris valley, which is of great cultural and historic importance. The report states that the sc ientific significance of the unexcavated parts of Hasankeyf, as of the other two hundred sites identified in the affected area, could be enormous.

The applicants brought an unsuccessful action seeking the cancellation of the project in question.

They complain that the destruction of an archaeological heritage which is six thousand years old and which should be the subject of various long-term studies would breach their right to understand their cultural heritage and to transmit these values to future generations.

Complaints against Turkey: communicated under Articles 8 and 10.

Complaints against Austria and Germany: declared inadmissible (incompatible ratione personae ).

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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