Evren Yıldız, President of the Archaeologists Association Istanbul Branch, reacts to Law No. 2863: 'In my opinion, legal treasure hunting should be abolished'

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The fact that treasure hunting videos on social media platforms are watched millions of times is the greatest entertainment for those curious about treasure hunting... So, are treasure hunting videos real? How does the judicial process for unauthorized treasure hunting work? Here are the details…

According to Law No. 2863, treasure hunters must apply to the nearest local administrative authority, and the local authority must then apply to the nearest museum. If the museum approves, the treasure hunter is granted a 1-year license. During this process, all expenses are covered by the treasure hunter, while the process is controlled by the state.

According to the law, after the value of the unearthed treasure is determined by the Ministry of Finance and customs, if the treasure is in a protected archaeological site, it is shared between the state and the treasure hunter; if it is on private property, the property owner is also included in the distribution. However, if the treasure belongs to cultural and natural heritage, the seeker cannot claim any rights.

LACK OF DETERRENCE

According to Law No. 2863, the penalty for unauthorized treasure hunting is stipulated as 2-5 years. Evren Yıldız, President of the Archaeologists Association Istanbul Branch, evaluated the sentences given, stating, "According to the legislation of Law No. 2863, illegal excavation and treasure hunting are crimes. However, with a judge's decision, a reduction for good conduct can be applied, or if the person is searching for treasure without permission for the first time, they can be fined. Because of this, there is no deterrence. Since there is no fear factor for the treasure hunter, the penalties are definitely too low. There is a law, there is a penalty, but is it applied? That is the real question."

NOT REAL, BUT REPLICAS!

Stating that treasure hunting has now become an industry for a certain segment, and that some are led to believe they can get rich by treasure hunting through videos shared on social media, but that this is an urban legend, Yıldız said, "There is a segment that makes a living by selling treasure maps. Calling it a 'treasure code' and looking at a tree or a stone and claiming there is a work of art or treasure there is wrong because there is no such thing."

Yıldız also stated that videos show things being pulled from the ground, but those items are replicas, yet people believe in them and think they can get rich.

"LEGAL TREASURE HUNTING SHOULD BE ABOLISHED"

After stating that Egypt, Italy, Greece, and especially Turkey are source countries for historical artifacts, and that Greece and Italy have minimized artifact smuggling, and noting that serious steps have been taken in Turkey on this issue, Yıldız said the following:

"What should not be forgotten is that legal treasure hunting exists in Turkey. The reason for allowing this, in my opinion, is not that the state is trying to generate income from it, but rather that it is trying to prevent smuggling; that is, by allowing legal treasure hunting, it is trying to prevent and control smuggling. Still, we cannot say this is correct because in recent years, the petition of a treasure hunter who asked for permission to search for gold in Dipsiz Göl (Bottomless Lake) was accepted. That person did not find gold, and the lake was ruined. If you ask for my personal opinion, legal treasure hunting needs to be abolished."

"IF AN ARCHAEOLOGIST NOTICES..."

Touching upon the possibility of a treasure hunter entering currently active excavation sites, Yıldız continued:

"Archaeological excavation sites are areas where control is always kept tight; even when excavations are paused during seasonal changes, there is always a guard on site. During the process where the excavation continues, there is always an archaeologist at the head of the workers working as a team. A treasure hunter cannot enter the excavation site, but if they apply as a worker and try to learn how the excavation is done, and the archaeologist notices this, they terminate the worker's job."

"PERHAPS THE BEST PROTECTION METHOD IS NOT TO EXCAVATE"

Stating that what is important in archaeology is not speed but the correct extraction of the artifact, and that the essential thing is the protection of the artifact, Yıldız said, "Treasure hunters can enter ancient cities or cause damage to the area during periodic excavation processes; in such times, we say that if we cannot protect the artifact, it is better for it to remain underground; sometimes we wonder if the best protection method is not to excavate at all."

"I CANNOT SAY IT HAPPENED OR DID NOT HAPPEN"

To the question of whether archaeologists help treasure hunters, Yıldız replied, "I have not experienced it personally, but I cannot say it has or has not happened."

BUDGET PROBLEM IN ARCHAEOLOGY

To the question of whether the budgets allocated for archaeological excavations are sufficient, Yıldız said:

"Culture is always the first thing to be sacrificed. The budget allocated to the Ministry of Culture and Tourism is always the lowest. Scientific archaeological excavations carried out by universities are provided with the ministry's budget, but unfortunately, this allocated budget is not sufficient."

WE ASKED A TREASURE HUNTER

A treasure hunter who broadcasts on YouTube stated that the equipment of those who search for treasure without permission is confiscated and they go through a judicial process. The treasure hunter said, "I know that people caught selling artifacts that have the quality of historical works, rather than just doing illegal excavation, are tried while under arrest."

Detector sellers stated that treasure hunting videos on social media have no effect on their sales, and that they have an increase of 5 to 10 percent at certain intervals every year.

IT RECEIVED THE LOWEST SHARE OF THE BUDGET THIS YEAR AS WELL

As a result of the negotiations held in the 2024 Plan and Budget Committee, the budget of the Ministry of Culture and Tourism was determined as 38 billion 964 million 106 thousand liras, remaining behind the Presidency of Religious Affairs.