Constitutional Court rejects main opposition's Kanal Istanbul application

Duvar English

Turkey's Constitutional Court has rejected an application by the main opposition Republican People's Party (CHP) regarding the Kanal Istanbul project, saying that handling it within the scope of build-operate-transfer model is constitutional.

An omnibus bill that included legal regulations on taking Kanal Istanbul and similar waterway projects within the scope of build-operate-transfer model was approved in parliament on July 26, 2018, prompting the CHP to apply to the top court for the cancellation of the related article.

The court unanimously rejected the application on Dec. 24, saying that the article is not against the constitution.

Kanal Istanbul - President Recep Tayyip Erdoğan's "crazy project" - has been one of the main topics of discussion among Turkish politicians, with the opposition slamming it for paving the way for “unearned income” at the expense of the environment.

The project has been on the government’s agenda since 2011, but its realization has been delayed several times due to financial problems and environmental concerns.

With the project, the government is aiming at opening an artificial seaway between the Black Sea and the Marmara Sea.

Fresh row over withdrawing from protocol

On Dec. 23, Istanbul Mayor Ekrem İmamoğlu, who has been a staunch opponent of the project, announced that the municipality withdrew from the Kanal Istanbul Cooperation Protocol, sparking a fresh debate.

"We are withdrawing from the protocol that was signed by the previous administration,” İmamoğlu said at a press conference, referring to his predecessor from the ruling Justice and Development Party (AKP).

Environment and Urbanization Minister Murat Kurum commented on İmamoğlu's remarks, saying that it's not possible for the municipality to withdraw unilaterally from the protocol.

"Protocols are signed upon city council decisions and you can withdraw from protocols only with city council decisions. If you withdraw unilaterally without the approval of the city council, then you would be taking on the financial and legal responsibilities here," Kurum told reporters on Dec. 24, while also criticizing İmamoğlu for "not creating projects."

"We have created projects for our 82 million citizens and will continue to do so," Kurum added.

The minister also said Kanal Istanbul's Environmental Impact Assessment (ÇED) report was completed and is open for public review for 10 days.

"We will collect the positive and negative feedback on the ÇED report and will have completed the ÇED process as a result of these," Kurum said.

Minister denies land rent criticisms

The controversial project made headlines last week once again following reports of a land purchase by the mother of Qatar Emir, Sheikha Moza bint Nasser, from the area on which Kanal Istanbul will be built, with Erdoğan confirming the purchase on Dec. 20.

Responding to land rent criticisms that intensified after bint Nasser's purchase, Kurum said that the government "has never allowed" any land rent along Kanal Istanbul or the projects it previously built.

"We, as the state, never collected land or allowed anyone else to do so. We haven't allowed land rent on the route of Kanal Istanbul," he said.

Later in the day, Presidential Spokesperson İbrahim Kalın said that Kanal Istanbul is not a municipality project, but a project of the state.

"This is not a project of a municipality or a political party. Our president believes in this project," Kalın told reporter following a cabinet meeting.

Nationalist Movement Party (MHP) leader Devlet Bahçeli, meanwhile, voiced support for Kanal Istanbul, while also deeming those opposing it as being "unmindful."

"Those who are disturbed by the project without any rightful and legitimate reasons are unmindful and unnational," Bahçeli, who is an ally of the government, said on Dec. 24.