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Date sent: Friday, 13 September 1996,

From: Izmir Lawyers for Environment, Turkey

Send reply to: Fax:  + 90 232 4638543 
                     Tel:  + 90 232 4638542  (Noyan Ozkan)

Subject: Turkish Governmentsi Violation of the Rule of Law

Action Alert: PLEASE HELP TO STOP  MOST POLLUTING  THREE  COAL THERMAL POWER PLANTS IN  MU�LA,TURKEY 
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IZMIR LAWYERS FOR ENVIRONMENT hereby demand a worldwide support for their lawsuits in order to protect human health and nature.

Lawyers from the Aegean Region and the city of Izmir has brought 3 years ago lawsuits before the Regional (Ayd�n) Administrative Court in order to stop the environmentally hazardous activities of the most polluting 3 coal thermal power plants, Goekova (630 MW),Yatagan (630 MW) and Yenikoey (420 MW) which have been constructed with the order of Turgut Ozal  by the Polnish constructor company Electrim with the technology of the 70'ies, at the Southwest Coast of Turkey, in Mugla Region.

Yatagan (operating since 1982) is constructed near Mugla, Yenikoey (operating since 1986) with its 200 m high chemin is located 30 km away from Yatagan and 10 km away from Goekova, and Goekova running since 1994 with its 300m high chemin is located at the �Special Protected Area� Goekova Bay with a great importance of its endemic fauna. 

These power plants are operating without flue gas desulphurisation and processing system for discharge water and without any licences regarding environmental and health protection, altogether burning daily 40.000 tons of low qualified coal with high content of sulphur and uranium, discharging daily 13.000 tons buttom-ashes and 150 tons fly-ashes with  high content of uranium , thousands tons of SO2, are effecting the whole region including Marmaris Peninsula, Datca Peninsula, Goecek Bay, �Special Protected Areai Koeycegiz, Ortaca, Dalaman according to the weather conditions  with toxic emmissions and acit rains.

Mugla Region is one of the most popular summer resort area of the whole Mediterranean-the population of this area of a 70 km radius effected mostly by the pollution of these power plants increases  in  summer up to 10 millions with visitors mostly coming from Europe for vacation-, an area of intensive agriculture of fruits,citrus and vegetables, forestry, coastal fishery, beekeeping, unique in its historical heritage, a site of great importance both for the endangered monk seals and marine turtles, a habitat of endemic flora with pine forests, eucalyptus forests and rare cedar �Cedrus� forests.
 
The vicinity between Yatagan and Yenikoy, which was covered with pine forests and fruit plantages before 1982 is now a mond surface open air coal mining extending hundreds thousands of hectares full with piles of radioactive waste ashes which are without any encapsulation in isolation cells, contaminating the undergroundwater and agriculture. 

Ayd�n Administrative  Court appointed three scientists from the universities of Istanbul and Izmir for the investigation of the effects of these power plants. According to these expertsi report; these power plants pollutions  are giving irreperable damages on human health and flora and fauna. 

On the 20th of June 1996, Ayd�n Administrative Court has decreed an injunction decision in order to stop immediately the activities of these 3 coal thermal power plants which are operated by Ministry of Energy and TEAS (Turkish Electricity Authority). According to the Turkish Constitution, Article 138/4: �Legislative, executory powers and administration are obliged to obey the decision of the courts. These powers and the administration can never change and delay the implementation of the courtsi decisions.�

Unfortunately, the Turkish Council of Ministers has given a decision on the 11th of September 1996 in order to operate these 3 coal thermal power plants despite the decisions of Court. The Council of Ministers has violated the constitution and breached the RULE OF LAW. The decisions of an independent court became ineffective by the unlawful coup of the ministers. Thus the destruction of the human health and environment continue with the support of the said decision.

The demand for justice is now; Please appeal before the Turkish Authorities to obey the said court decisions and pay respect to the protection of human health and nature.

Yours respectfully

Lawyers: Noyan Ozkan, Ahmet Okyay, Arif Ali Cang�, Ms.Banu Karabulut, Ms. Banu Dalg�� Cang�, Ms. Zeynep Dusunmez, �brahim Arzuk, Senih Ozay



PLEASE SEND FAXES TO:
Mr. Suleyman Demirel, President of Turkish Republic,
Ankara, Turkey ( Fax:  +90 312 4412612)

Mr. Mustafa Kalemli, President of National Assembly,
Ankara, Turkey  (Fax: +90 312 4205165)


For more information please contact:

Izmir Lawyers for Environment
Fax:  + 90 232 4638543 
Tel:  + 90 232 4638542  (Noyan Ozkan)
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