IMM demolishes illegal restaurant in Sultanahmet Square following legal process

In Sultanahmet Square, which occupies a highly sensitive position in terms of Istanbul's historical and cultural heritage, an unlicensed structure located on plot 98, block 14—which is owned by the Istanbul Metropolitan Municipality (IMM) and designated as "park" and "partially road" in zoning plans—has been legally removed within the framework of conservation board decisions and relevant legislation.

AREA UNDER IMM OWNERSHIP

The property in question is located within an Urban and Urban Archaeological Site, and no construction is permitted on it. However, following complaints regarding the area, the process began with investigations and the notification to us of the 2013 decision by the conservation board to remove the structures. The investigation revealed that while there was a sign for the İsa Yusuf Alptekin Park on the parcel registered to the Istanbul Metropolitan Municipality, a restaurant business under the name “Türkistan Aşevi” was operating there. File and on-site inspections determined that 488 m² of indoor and outdoor space was being used and operated as a restaurant.

As a result of inspections and official correspondence, it was determined that:

•The structure has no building permit,

•No occupancy permit, or

•No approved project.

The fact that the business has a tax registration certificate or pays "ecrimisil" (occupational compensation) does not grant the structure legal status. Ecrimisil is merely an administrative penalty collected in cases of unauthorized use of public property and does not create any vested rights. Especially in Urban Archaeological Sites like Sultanahmet, for a structure to be legal, it must comply with zoning plans, ownership, and conservation criteria.

COURT FINDS IMM IN THE RIGHT

Regarding the illegal restaurant, for which no action had been taken to date in line with the 2013 demolition order by the Ministry of Culture and Tourism's Regional Board for the Conservation of Cultural Property, the necessary notifications were served to the operators, and a legal period was granted for the evacuation of the area. The operators attempted to prevent the demolition by taking the actions of the Istanbul Metropolitan Municipality to court; however, the Istanbul 4th Administrative Court first issued a stay of execution, then examined the case on its merits after evaluating the defenses, and decided to reject the case. Following this process, the demolition of the illegal business was carried out by the Department of Municipal Police.

In other words, the actions taken by the Istanbul Metropolitan Municipality have passed judicial review and have been found to be in accordance with the law.

IMM WILL CONTINUE TO RESTORE ALL OCCUPIED AREAS TO THE USE OF ISTANBUL RESIDENTS

Claims in the public sphere that this legal process was carried out for “political” reasons are baseless and intended to mislead the public. The Istanbul Metropolitan Municipality has demonstrated an example in Sultanahmet of its struggle to open public spaces to the public and remove occupations in these areas, a struggle it carries out in the city's squares, parks, coastlines, agricultural lands, forest areas, and historical cultural sites. There are many other areas of a similar nature where judicial processes are ongoing. Once the legal processes for these areas are completed, the necessary actions will be implemented, and they will be restored to public use, just like Sultanahmet, the Salacak Coast, Kadıköy Square, and Fındıklı Park.