Türkiye is one of the most culturally rich nations in the world due to its historical legacy of hosting numerous civilisations. However, Türkiye is among the source nations that have suffered and are continuing to suffer from both the displacement of cultural properties and the illegal trade in and destruction of cultural properties. The cultural pillage in the territories of the Ottoman Empire, which particularly escalated in the nineteenth century, continued through the first quarter of the twentieth century. The trafficking of artefacts to Western countries was facilitated by domestic organisational structures, with illegal excavators, treasure hunters, and robbers typically constituting the lowest level of these structures. In order to put the issue of artefacts on a legal basis on the one hand and to prevent trafficking efforts with regard to artefacts on the other, the Ottoman Empire made legal regulations to provide conservation for cultural property. These legal instruments are the Laws, named “Âsâr-ı Atîka”, which means “historical artefacts”. The Âsâr-ı Atîka Laws were enacted in 1869, 1874, 1884, and 1906 respectively. Nevertheless, although each provided more conservation than the previous one, these laws were not sufficiently effective in conserving cultural and natural properties within the Ottoman Empire. The last regulation on the conservation of cultural properties in Türkiye is the Law No. 2863 on the Conservation of Cultural and Natural Property, which has been in force since 1983. Law No. 2863 has been drafted taking into consideration the new understandings on the conservation of artefacts in Türkiye, and the international conventions ratified by the Republic of Türkiye. Although efforts are made to conserve cultural and natural properties through Law No. 2863 and the regulations related to this Law, when the data within the scope of “Justice Statistics 2024” in the publication archive of judicial statistics from the official statistics of the General Directorate of Judicial Records and Statistics of the Ministry of Justice of the Republic of Türkiye are evaluated, it is understood that many crimes are still committed in this regard within Türkiye. In this chapter, the types of crimes regulated in the Law No. 2863, which is one of the special laws that include provisions of substantive criminal law, are discussed, and an endeavour is made to form a general framework regarding these crimes.

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A General Overview of Crimes Regulated in the Law No. 2863 on the Conservation of Cultural and Natural Property

  • Mert Ülgen

摘要

Türkiye is one of the most culturally rich nations in the world due to its historical legacy of hosting numerous civilisations. However, Türkiye is among the source nations that have suffered and are continuing to suffer from both the displacement of cultural properties and the illegal trade in and destruction of cultural properties. The cultural pillage in the territories of the Ottoman Empire, which particularly escalated in the nineteenth century, continued through the first quarter of the twentieth century. The trafficking of artefacts to Western countries was facilitated by domestic organisational structures, with illegal excavators, treasure hunters, and robbers typically constituting the lowest level of these structures. In order to put the issue of artefacts on a legal basis on the one hand and to prevent trafficking efforts with regard to artefacts on the other, the Ottoman Empire made legal regulations to provide conservation for cultural property. These legal instruments are the Laws, named “Âsâr-ı Atîka”, which means “historical artefacts”. The Âsâr-ı Atîka Laws were enacted in 1869, 1874, 1884, and 1906 respectively. Nevertheless, although each provided more conservation than the previous one, these laws were not sufficiently effective in conserving cultural and natural properties within the Ottoman Empire. The last regulation on the conservation of cultural properties in Türkiye is the Law No. 2863 on the Conservation of Cultural and Natural Property, which has been in force since 1983. Law No. 2863 has been drafted taking into consideration the new understandings on the conservation of artefacts in Türkiye, and the international conventions ratified by the Republic of Türkiye. Although efforts are made to conserve cultural and natural properties through Law No. 2863 and the regulations related to this Law, when the data within the scope of “Justice Statistics 2024” in the publication archive of judicial statistics from the official statistics of the General Directorate of Judicial Records and Statistics of the Ministry of Justice of the Republic of Türkiye are evaluated, it is understood that many crimes are still committed in this regard within Türkiye. In this chapter, the types of crimes regulated in the Law No. 2863, which is one of the special laws that include provisions of substantive criminal law, are discussed, and an endeavour is made to form a general framework regarding these crimes.