The decision is postponed for waiting the Council of State to decide in a related case.
In his defense Ozic, repeating his first statement refuted the charges:
* Even though the law states that only the TRT (state owned radio and television channel) is entitled to broadcast in different regional languages and dialects, we are of the opinion that this violates the constitutional principle of equality, thus we have broadcasted in Kurdish.
* The content of the program was not against the law. It was a programme on Kurdish language and literature.
* Immediately after airing the program, we aired a Turkish recap. I repudiate this charge.
Ozics lawyer Meric Tumer too pled that the broadcasting was congruous with article 3984 of Establishment and Broadcasting of Television and Radios Act and stated that he supported his client's defence.
Court Awaits the State Council Decision
In accordance with Lawyer Tumer's request, the court resolved to wait for the State Council's decision on a similar case processed by Lawyer Tumer on 17 April 2002.
Tumer had then pled for the annulment of a regulation issued by Turkey's Radio and Television Higher Council (RTUK) which entitled only the state radio and television (TRT) to air limited programs in "different languages and dialects" on the condition that there are Turkish subtitles on television programs and a Turkish recap of radio programs.
Prosecution calls for imprisonment
If convicted Sabri Ejder Ozic faces 3 to 6 months imprisonment.
Ozic is tried for broadcasting in Dec. 2002 a programme in Kurdish, titled "Kurdish Language and Literature". In Jan. 2003 Adana's public prosecutor indicted Ozic with that the program was devoid of artistic or cultural value.
Radio and Television Supreme Council (RTUK) had granted TRT "the right to broadcast in different regional languages and dialects (Kurdish)" in 3 August 2002 within the framework of European Union Adaptation Regulations.
Kurdish program with Turkish recap
On 27 April 2002, Radyo Dunya, broadcasting locally in Adana at 107.0 FM, aired the program "Kurdish Language and Literature" in Kurdish for the first time in Turkey in order to draw attention to the deficiency of related regulations.
The program was broadcasted in the style that RTUK allows TRT to use. A 45 minute Kurdish program was aired, followed by its Turkish recap.