The Administrative Court has suspended the implementation of a decision by the trustee appointed to the Siirt (Sêrt) Municipality and the municipal council formed under that administration to open Newala Qesaba, where mass graves are located, to construction. The Chamber of City Planners of Amed (Diyarbakır) filed an application citing that the zoning decision dated 11 April 2025 violated the Regulation on the Preparation of Spatial Plans, that the city lies in an earthquake zone, and that the plans lacked an up-to-date geological survey report. After examining the application, the Siirt Administrative Court ruled to suspend the execution of the decision.
In its ruling, the court stated that the zoning plan failed to meet the standards set out in Annex-2 of the Regulation on the Preparation of Spatial Plans with regard to the amount of space per person and the provision of open and green areas. The court also noted that, despite being mandatory, the file did not include an approved geotechnical and geological survey report from the Ministry of Environment, Urbanization, and Climate Change, nor did it contain the geological-geotechnical survey report on which the zoning plan should have been based. It underlined that preparing and approving zoning plans without such a report is not possible. The court further ruled that the area designated for commercial construction beneath a high-voltage power transmission line undermined the overall integrity of the development plan, adding that this approach runs counter to principles of urbanism as well as planning principles and technical standards.
The court concluded that the decision to open the area in question to development was contrary to the principles of urban planning and zoning, finding that the measure violated both the law and relevant regulations. The ruling stated that if the decision were to be implemented, it could result in irreparable harm. On these grounds, the court ordered a suspension of execution. The decision was taken unanimously.
Any construction carried out from this point on will be unlawful
Mahmut Özkeskin, Secretary of the Chamber of City Planners of Amed, told Mezopotamya News Agency (MA) the zoning plan was fundamentally flawed and technically unacceptable. He said: “Our city, like Siirt, lies in a first-degree earthquake zone. Siirt has been handed over, both in the past and today, to an approach that views cities as sources of rent, without conducting proper geological analyses.”
Özkeskin said the plan approved by the trustee administration confirmed their long-standing objections. He said they first objected to the plan and, when no result was achieved through administrative channels, filed a lawsuit. He noted that based on the assessments of expert witnesses and the court panel, a suspension of execution has now been issued for the plan.
From the moment this decision was issued, any construction carried out will be unlawful, and any permit granted will constitute a practice that disregards the court’s ruling. Our sole concern is to ensure that no new February 6 tragedies occur and that the public can look to the future with hope in a safe city.
We reiterate once again that, as the Union of Chambers of Turkish Engineers and Architects (TMMOB), we are ready and willing to devote all our energy and expertise to protecting our cities and our people.”
Mass grave discovered, eight bodies exhumed
Mahsum Çiya Korkmaz, TMMOB Amed Provincial Coordination Board, recalled that Newala Qesaba is believed to contain the remains of hundreds of people who were forcibly disappeared, tortured, and killed in unresolved murders during the 1980s and 1990s. Korkmaz said a mass grave was uncovered in the area on 2 April 1989, noting that during the initial excavations, the bodies of eight people were exhumed within just a few hours. Korkmaz said: “For the remains of those reported to have been forcibly disappeared, a scientific investigation involving independent experts was expected to be carried out. However, on the same day, excavations were halted on the orders of the Siirt Governor’s Office, and since then no steps have been taken. The identities of the eight bodies that were recovered and the causes of their deaths have still not been clarified. Under these circumstances, what should have been done first was to determine whether the site constituted a cemetery, a mass grave, or a historical area, and to complete archaeological or forensic investigations in the public interest. Carrying out zoning and construction practices before such work is completed is unlawful. Today, however, we are faced with practices that deeply wound the public conscience.”
The area must be placed under protection
Mahsum Çiya Korkmaz said the mass graves in Newala Qesaba make it clear that the approval of a zoning plan does not grant unlimited construction rights when human remains are discovered at a site. Korkmaz said: “The fact that an area has an ‘approved zoning plan’ does not allow unrestricted construction once human remains are found there. This is true both in Turkey and under international law. We once again emphasize that the technical, sociological, and cultural aspects we have outlined must be taken into account, and that the area in question must be placed under protection within the scope of the current zoning revisions.”