In a decision reached with majority of votes on April 16, the court stated that the procedure was against law. The decision was delivered to the television station on Monday.
With the order of the Radio and Television Higher Board (RTUK), the television had stopped broadcasts on March 30. Now, 11 days before its penalty is over, the television will be able to begin broadcasts in line with the court's decision.
After RTUK's decision, lawyer Deniz Cakir had pursued legal action twice before, with no success.
After two unsuccessful tries, Cakir added in the case file a report about the judicial decision of the Malatya prosecutor's office's to abate the action, and a report about the findings of RTUK expert Muhittin Bilge, who stated broadcasting principles were not violated. With this file, Cakir applied to an Ankara court on April 8. That try resulted in a positive outcome.
This time, the court decided to overturn the decision saying implementing the RTUK order would be "a clear violation of the law and would lead to incurable damage." Judge Sebnem Ozturk voted against the decision.
Repeated offense may lead to canceling licenses
In the news about Akkurt, who mistakenly set off the bomb as she was getting prepared for a suicide attack, the television on May 22, 2003, said her body was brought to the province of Malatya to be buried. The television referred to DHKP/C as an illegal organization. After the news, the presenter said: "May Allah have mercy on Sengul Akkurt. We offer our condolences to her relatives and friends."
In a letter of defense sent to RTUK, Gunes TV had said that these sentences were not part of the news story and that the presenter had said these by mistake. The television added that the presenter had been fired on the same day.
RTUK, taking into account these last sentences of the news story, and in line with the request of the Malatya Police Headquarters, decided that the television station's broadcast "violated the indivisible unity of the state with its country and its people."
If the television station is handed a penalty for a similar offense for a second time, its broadcasting license could be cancelled in line with the RTUK law. (EO/EA/YE)
