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Litigation epic of defending the historical Jewish quarter in Lviv ended up victoriously

16.01.2015, 17:04

The coming 2015 has a chance to rewrite from the very start the fate of regeneration of the medieval Jewish quarter in downtown Lviv for the year that is about to expire has brought the long-awaited satisfaction of justice: the firm stance of the Higher Economic Court of Ukraine along with the stance of the Prosecutor General Office, the Cabinet of Ministers, the Ministry of Culture set forth in the Resolutions dated 30.07.2013, 18.02.2014, 13.08.2014, 25.11.2014 became an obstacle for commercialization of the cultural heritage in the city of the UNESCO World heritage.

The ten-years old story that has brought on Lviv nothing but shame and outrageous risks for the seriously threatened unique historical heritage began in 2005. It was then that on the decision of Lviv City Council the plot of land in Fedorova street, 28 in Lviv was included in the list of the plots of land intended for the sale at the land auctions, and by two more decisions of Lviv City Council the area of the plot of land was increased in 2007 by way of adding the plot of land located in Fedorova street, 23 granting the right to take the increased plot of land on lease for the construction of a hotel.

The said decisions of Lviv City Council #2241 dated 14.04.2005, #885 dated 24.05.2007 and #1003 dated 05.07.2007 р. gave the start to the lawlessness, numerous instances of abuse of authority and misuse of power, whose discontinuation required quite a lot of time and efforts of the public struggling for protection of historical heritage that sounded the alarm immediately of blatant disrespect of the effective laws of Ukraine and her international commitments, for the proposed hotel would be in total discordance with the authentic environment, the project’s boundaries would spread onto the nearby inalienable territory ignoring historical parceling and cultural heritage of the World status in general.


Antique real estate or “junk”?


It seemed that was clearly understood from the very beginning that medieval Lviv was a protected territory of the lands of historical-cultural heritage and not of commercial designation (it is not permitted to destroy authentic antique structures in protected national reserves and erect any new buildings in the already densely built up areas). Yet the authorities and developers contemplating nothing but the commercial gains, manipulated the opinion of Lviv residents, throwing to them an idea of how advantageous it would be for Lviv to have a fashionable hotel, that it was so necessary to have it built before the "Euro-2012". Under such circumstances the mayor, Andriy Sadovyy, became notoriously known for his offensive description of the defiled heritage as ruins and “old junk”.


They had no qualms about anything: they started the project without the approval of the State Committee for Cultural Heritage Preservation, obtained unlawfully the permit of the State Architectural Construction Control Authority that was revoked after the official investigation, detached a part of the building and, declaring it as having no value, erased it to the ground and did the same with another neighboring building; threw away archeological architectural finds preventing the study of the buildings’ foundations; dug out a deep foundation pit that nearly caused a collapse of adjacent historical buildings; they also declared, that they knew nothing about the investor and never saw the project documentation, while their signatures and seals could be seen on the project documentation…


Certainly nobody could have done this without the solicitation of the mayor’s, Andriy Sadovyy, team and his right hand – Oleh Sinyutka. The city authorities not only promoted lawlessness, they were just in charge of it. But the times have changed. Today the team of Lviv mayor are political winners. Andriy Sadovyy himself is the leader of all-Ukrainian party «Samopomich» (Self help), that has triumphantly entered the parliament after the last elections to the Supreme Council of Deputies of Ukraine Verchovna Rada), and Oleh Sinyutka became a newly-appointed head of Lviv Regional State Administration. However the post-Maydan situation has demonstrated: there is justice. And it was worth it to fight for it!


How the Jewish quarter was being destroyed


The entire process of defending cultural heritage in the medieval Jewish quarter of Lviv was presented in detail by «ZIK» information agency. It is worthwhile to check only the titles of previous publications to comprehend all dramatic effect of the tragic situation: «A monument of architecture tumbled down in the Jewish quarter of Lviv», «Is a monument of architecture in the medieval Jewish quarter of Lviv to be destroyed?», «Non-compliance: no explanatory notices on the construction site fences in Fedorova street in Lviv», «Galtransrembud» Company will take apart a monument of architecture in the medieval Jewish quarter of Lviv», «Derzharchbudcontrol» (State Architectural Control Authority) is requested to recall its permission to carry out the works in Fedorova street in Lviv, otherwise this will be done by the public prosecutor’s office», «Head of the Department for protection of cultural heritage of Lviv Regional State Administration issued order to stop the works in Fedorova street in Lviv», «Galtransrembud» Company doesn’t give a damn about the order to stop the works in the medieval Jewish quarter of Lviv», «Historical buildings are falling apart in Fedorova street, - expert», «Monuments of architecture are being finished off!», «Derzhculturspadshchyna» (State Committee for Architectural Cultural Heritage Preservation) did not approve destruction of building #28 (former ancient Yeshivah) in I. Fedorova street in Lviv», «Tractors moved into the medieval Jewish quarter of Lviv to erase a monument of architecture», «Heavy construction machines appeared today by the building #28 in I. Fedorova street», «The team of the mayor of Lviv ignores the laws and is in favor of construction that destroys monuments of architecture», «Is it the helpless investor or the city authorities of Lviv play the fool with the public?», «The project of construction of a hotel in Fedorova street in Lviv is to be examined in Kyiv», «Remnants of ancient buildings have been uncovered in Fedorova street in Lviv. Photo-report», «Kyiv did not approve the project of «Girkhimprom», «Public prosecutor’s office is sued for its failure to react to illegal construction in Fedorova street in Lviv», «Director of construction of the hotel in Fedorova street assures Lviv of his good intentions», «Hotel in Fedorova street in Lviv testifies to total corruption - a City Hall deputy», «Hotel in Fedorova street: who and what builds without permits», «Construction in Fedorova street continues», «Residents of Fedorova street complain: artificial lake destroys their houses», «Lviv breaks international commitments of Ukraine!..».

It is interesting, that some publications ended up with an unprecedented direct appeals to the authorities, that supposedly had to keep under control observance of the laws: «ZIK draws attention of Lviv and Lviv region public prosecutors to the fact that statements of the city mayor Andriy Sadovyy concerning commencement of the construction works contradict the Ukrainian laws. In particular, the Law of Ukraine «On protection of cultural heritage», the Law of Ukraine «On protection of archaeological heritage» and the Law of Ukraine «On scientific and scientific-technical expert examination» as well as the provisions of the European Convention on protection of archaeological heritage ratified by Ukraine.

«ZIK calls on the Prosecutor's Office to stop immediately unlawful activities going on in this area with direct connivance of the city mayor", etc. This was equaled to a public exposure of the criminal act, but surprisingly enough there was no response even after such dramatic publications.

Court battles

However, the community standing by the principles of protection of cultural heritage and thinking that independence was gained not for the purpose of destruction their history and world cultural heritage was not discouraged by the lack of a due reaction. Therefore, it was absolutely natural that the appropriate steps were taken by the Representation of the American Union of Councils for the Jews in the Former Soviet in Ukraine Union and by the religious community "Turey Zahav" by way of filing lawsuits that have shown their determination to defend the right to cultural heritage for everyone.

Litigation in numerous court instances went on for years. But, starting from August 2012, there began to appear publications under the headings like "The Court has banned construction of the hotel in Fedorova Street”. Thus, by its decision Lviv administrative court of appeals banned the construction of the hotel in Fedorova Street 23, 25, 28 and placed the Department of protection of historical environment of Lviv city council under obligation to install protection signs at the same addresses on the buildings of the Jewish ritual kosher slaughter building (Shechitah) and ritual bath (Mikvah). On this occasion on behalf of organizations-petitioners Meylakh Sheykhet expressed profound gratitude to all people of good will who defended the architectural ensemble of the synagogue Turey Zahav ("Gildene Royza") from destruction and annihilation. "This is our common great victory. I believe that with the example of preservation of the "Golden Rose or Gildene Royza" in Lviv other monuments also will not be destroyed", said Meylakh Sheykhet.


Following this other positive events did not linger: Scientific and Methods Council of the Ministry of Culture of Ukraine unanimously approved the "Program of measures for Regeneration of the territory of the former city Jewish neighborhood in Fedorova street in Lviv", elaborated by the State Enterprise "Ukrainian regional specialized scientific-restoration institute "Ukrzachidproektrestavratsiya" on request of the Representation of the American Union of Councils for the Jews in the former Soviet Union in Ukraine using the grant of the Ambassador of the United States of America in Ukraine. This plan of measures envisages a stage-by-stage restoration of the synagogue "Тurey Zahav" (“Golden Rose”), the Mikvah, Beth Midrash. Remnants of the Large synagogue will be thoroughly studied by the archeologists in detail, and depending on the results of these studies it is planned to museumification remnants of the Great synagogue, set up an archaeological theater with the possibility of exhibiting works of the Jewish art. We shall note that the plan of measures for regeneration of the Jewish neighborhood has nothing to do with the widely advertised by the press-service of Lviv City Council international bidding organized by the Center of the City history and the German Technical Collaboration Society GTZ. As now the former head of the Department for protection of cultural heritage of Lviv Regional State Administration Valery Potyuk stressed a number of times, the said bidding was conducted without compliance with the laws of Ukraine and international agreements of Ukraine on protection of historical-cultural heritage and, therefore, its results are not legitimate…


And only after the Revolution of Dignity it became possible to establish justice and put an end to the long lasting affair of defending the historical Jewish quarter against the new construction: on November 25, 2014 the Higher economic court of Ukraine upheld resolution of Lviv economic court of appeals Lviv Economic court of appeal dated October 1, 2014, which rescinded decisions of Lviv City Council on the plots of land in Fedorova street 23 - 28, and left the cassational appeal of Lviv City Council without satisfaction.
Director of the Representation of the American Union of Councils for the Jews in the former Soviet Union in Ukraine Meylakh Sheykhet greeted this event with the following commentary: “The Ukrainian courts have been considering this case starting from 2011. Numerous instances of misuse of authority, excess of powers, defiance of the UNESCO requirements, manipulation of the main principles of preservation of historical-cultural heritage in general and Jewish heritage in particular have been exposed on the part of Lviv City Administration. Judging by this case Lviv City Administration lives by its own concepts and not by the laws and provisions of international agreements of Ukraine, requirements of the UNESCO. Resolution of Lviv Economic Court of Appeals, that came into effect owing to the decision of the Higher Economic Court of Ukraine dated 25.11.2014 should be published so that with joint efforts of the public we could have ensured its implementation. Glory to Ukrainian community that steadfastly supported during trials the lawsuits of the Union of Councils for the Jews in the former Soviet Union aiming at preservation of Jewish historical cultural heritage! Glory to the Revolution of Dignity! Glory to Ukraine"!


No - to the disgraceful practice of "Judenfrei"!


However one must be aware that the attitude of Lviv City Administration towards Jewish historical-cultural heritage remains to be exceptionally cruel. The Krakivsky market continues to spread on the territory of the old Jewish cemetery. The old Jewish cemetery was included in the Register of historical-cultural heritage of Украина моя и твоя Родина.e in 2010, but the city administration headed by Andriy Sadovyy has taken no preventive measures to stop desecration of the Jewish burials place.


This cemetery contains graves of most prominent figures of the Jewish community of Lviv; by holiness of these prominent people buried there it is one of the most famous cemeteries after the cemetery on the Mount of Olives in Jerusalem. The Ukrainian community of the city, the Vatican and the Ukrainian Greek-Catholic community of Canada demanded to relocate this Krakivsky market from the burials’ site, but the unlawful Krakivsky market continues to spread with the approval of the City Administration, which has repeatedly informed about it.


According to Meylakh Sheykhet, Mayor Andriy Sadovyy has proposed to the Jewish community to pay for relocation of the market. "It is sad, but new construction began on the territory of the graves. Trade pavilions were added in the summer and the city administration was informed about it. But what kind of actions can be expected from the city administration if the mayor himself is craving for money from the aggrieved Jewish community of the city? This is a continuation of the Communist dictatorship in the mentality and actions of the city administration, the present day Holocaust … The same situation happens with Yanivsky cemetery, where through the actions of the Executive Committee outrageous disregard for the Jewish graves continues, through "twisting" the content of directive documents drawn up by the same administration, in defiance of the laws of Ukraine”, says Meylakh Sheykhet.


None of the territories of mass graves in the vicinities of Lviv (over 500,000 victims of the Nazi terror were killed) and in the Citadel have been excluded from the city development plans, and this creates a threat of inappropriate use of these lands and building up these territories. «Take a look, and you will see that Sichova Street is already built up, no memorial signs mark Lysynychi, Bìlogorshcha sites. There are no information tablets in the Citadel in Hrabovskoho Street, 11 stating that this is a national monument: POW concentration camp Stalag-328 where, according to the data of the Extraordinary commission for investigation of the crimes of German Nazi invaders over 140000 prisoners out of the total number of 290000 prisoners were tortured to death, shot and killed by lethal injections. The city administration has taken no monument protection measures and in the Tower of Death the luxury Restaurant “Citadel Inn” was opened where on June 12 of this year there was a Reception of the Ambassador of Great Britain in Ukraine with participation of the city Mayor. Of course the UK Ambassador to Ukraine Sir Simon Smith knew nothing about history of the Tower of Death, but the city heads should know it, yet they just close their eyes on history of the city, for the territory and buildings of the “Citadel” complex have been slated for further commercial projects. The collective memory of humanity of the innocent dead, of brutality of Nazism and Communism appears to be unnecessary for the city administration” – says Meylakh Sheykhet with bitterness and sadness.


The head of the Jewish religious community “Turey Zahav” is also concerned with the queer, rather fishy promotion of Lviv. Anti-Semitic restaurant “Jewish tavern “Under the Golden Rose” still operates on the territory of the Jewish quarter, the name of the restaurant being borrowed from the name of the sacral building, synagogue “Turey Zahav” (“Golden Rose”) in which restaurant one has to bargain for the price of meals (because Jews are merchants, aren’t they …), where one can put on a hat with the glued earlocks, etc. The city mayor sees in it only elements of promotion of business, he is satisfied with its formula of attracting visitors to the restaurant and that is why he did not insist on execution of the court decision to dismantle the summer terrace of this restaurant located on the territory of Beth Midrash – the House of Learning blown up by the German Nazis. The same kind of dealings happened with the land of the Jewish quarter of Lviv where the territory and buildings of the “Historical Center of Lviv” protected by the UNESCO list were unlawfully surrendered for the construction of the hotel.


«Under the pretense of the International bidding it was decided to cover with concrete slabs and granite pavement the uninvestigated by archeologists area of the unique Jewish cultural heritage in the center of the city, converting this site into an archeological cemetery and a promenade for the nearby restaurants», - continues to list the acts of lawlessness Meylakh Sheykhet.


Achievements of the Revolution of Dignity


Noting, that Economic Court of Lviv region, Lviv economic court of Appeals stopped this violation of the law, Meylakh Sheykhet is convinced that this has happened owing to the victory of the Maydan, owing to observance of the laws and the highly professional conscience of the judges, lawyers, owing to consistent support by the Ukrainian community of the city of the ideas of preservation of the Jewish historical-cultural heritage. Preservation of the Jewish quarter in its authentic context is a demand of the UNESCO that embraces it with the entire “Historical Center of Lviv” and is exceptionally important, for the Jewish quarter was formed in the 14-15th centuries, the world-known complex of the synagogue “Turey Zahav” (“Golden Rose”) of the genius, the great commentator of religious commentaries Rabbi David ha Levi Segal, was built in the 16th century. “Do the city administration officials understand, that this was the great tolerance of the medieval residents of Lviv towards presence of Jews that made it possible to construct the synagogue complex, that it is vitally important to preserve such tolerance dating back to the 16th century, continue it by the restoration works for the future generations and lay a bridge across the blood stained 20th century into the 21st century and into the future to demonstrate this unique common history against the anti-Ukrainian and anti-Semitic enemies, against Ukraine haters and anti-Semites? The Maydan, Revolution of Dignity have even more united Ukrainians and Jews, united even more all nations of Ukraine that is why – Glory to Ukraine!” – declares Meylakh Sheykhet without hiding his emotions.

Martha Garten

ZIK (translation from Meylakh Sheykhet Facebook page)