The Constitutional Court (AYM) annulled the article regarding the closure of many televisions, including Hayatın Sesi TV and İMC TV, with a statutory decree. Considering the application made against many articles of the law amended by the Decree No. 6755, the Constitutional Court annulled the rule requiring the closure of media organizations with the approval of the relevant minister and confiscation of their property on the grounds that it "poses a threat to national security”.

Many news agencies, television channels, radio stations, newspapers, magazines and publishing houses were closed and their properties were confiscated with the decree-law issued during the state of emergency (OHAL) period announced after 15th July. In 2016 and 2017, the Radio and Television Supreme Council (RTÜK), with the allegation that "it is affiliated, connected and supported with structures, formations or groups or terrorist organizations that are found to pose a threat to national security", announced that 70 radios and televisions, including 37 radio channels and 33 television channels belonging to 54 media service providers, were closed. Hayatın Sesi TV and İMC TV were among the channels that were closed.

CHP DEPUTIES: IT IS AGAINST THE CONSTITUTION

CHP deputies had made an application to the Constitutional Court stating that many articles in the law enacted during the state of emergency were unconstitutional.

The Constitutional Court evaluated the application made by CHP deputies regarding the Law No. 6755 on the Measures to be Taken under the State of Emergency and the Law on the Amendment and Adoption of the Decree Law on Making Regulations Regarding Some Institutions and Organizations. In the application, there was also an article in which the decision to shut down television channels, including Hayatın Sesi TV, was applied.

The following was stated in the 2nd article paragraph 4 in said article:

“Private radio and television organizations, newspapers and magazines, publishing houses and distributors that are not included in the attached lists (2) and (3) and have affiliation with structures, formations or groups or terrorist organizations that are found to pose a threat to national security channels are closed with the approval of the relevant minister upon the proposal of the commission to be formed by the relevant minister. The provisions of the third paragraph are also applied to the institutions and organizations closed under this paragraph."

"AGAINST THE RIGHTS OF FREEDOM OF EXPRESSION, PRESS AND NEWS"

In the CHP application, "private radio and television organizations that are not included in the attached list and have affiliation with or contact with the structures, organizations or groups that are determined to pose a threat to national security, without being limited to the terrorist organization that attempted the coup attempt. The newspapers, magazines, publishing houses and distribution channels were closed with the approval of the relevant minister and their movable and immovable properties were seized.” was stated for justification.

In addition, it was emphasized that the concept of "national security threat" was ambiguous, the rule that caused the transfer of the assets of the closed institutions to the treasury was not related to the cause and purpose of the state of emergency, and it was against the property rights of the closed institutions, the freedom of expression and the freedom to receive news.

WHEN VOTES WERE EQUAL IT WAS DENIED, IN LINE WITH THE PRESIDENT’S VOTE

Equality occurred when the Constitutional Court voted on whether media organs should be closed with the approval of the minister on the allegation that it "threatens national security".

Due to the equality of votes, it was decided to suspend the execution in line with the president's vote.

The second sentence, which stated that the closed institutions will be applied with the provision of the previous paragraph, was cancelled because there was no possibility to apply it.

VIOLATION OF CONSTITUTION ACCEPTED BY THE AYM

Evaluating the decision, Hayatın Sesi TV Lawyer Devrim Avcı said that the unconstitutionality of the provision has now been accepted by the Constitutional Court. Stating that the victimization and unlawfulness experienced for years have also been registered, Avcı also said that the freedom of work of Hayatın Sesi TV employees was also denied. Stating that their licenses were cancelled and this was a violation of freedom, Avcı said, “It is not right to distinguish between an extraordinary period and an ordinary period here. This goes against the very essence of the right to freedom of expression. Because this sanction continues despite the end of the state of emergency. Our TV is still closed. It does not eliminate the concrete existence of the violation. We will make our applications in this context”. (EVRENSEL DAILY)