- Turkish singer Mabel Matiz was acquitted on Friday in a trial in which he faced obscenity charges over the lyrics of his song “Perperişan,” after an Istanbul court ruled that “erotic connotations” alone could not constitute grounds for criminal punishment.
- The 54th Criminal Court of First Instance in Istanbul said the legal elements of the alleged offense had not been met and acquitted the artist after the fourth hearing in the case.
Prosecutors had argued in the indictment that some expressions in the song indirectly “incited sexual desire,” contained “erotic connotations” and included depictions implying sexual intercourse. They also claimed that the song’s availability without age restrictions posed a risk to children.
The prosecution had sought a prison sentence of between six months and three years on charges of “facilitating the publication of obscene material.”
The hearing began about 90 minutes later than scheduled. Lawyers representing Mabel Matiz and a lawyer from Turkey’s Ministry of Family and Social Services attended the session.
During a previous hearing, the judge had asked Matiz, “Was this song written for a man?” The singer responded: “I find this question upsetting and heartbreaking. If you had asked an arabesque singer this question, you would not have been able to ask it. Anyone can sing for anyone.”
Defense lawyer Efsun Türker told the court that the prosecution’s opinion relied on a ruling by Turkey’s Court of Cassation, and said the defense had submitted examples from works by prominent Turkish poets including Necip Fazıl Kısakürek and Cemal Süreyya.
“Songs with much harsher lyrics are played in different venues, so putting this particular song on trial does not seem sincere,” Türker said.
She also argued that a report prepared by Turkey’s Board for the Protection of Minors from Harmful Publications had not been drafted by qualified experts and requested acquittal.
Another defense lawyer, Dilek Gürsan, said emotions in Anatolian folk music are often expressed through symbolism.
“We all listened to these folk songs. Which of us was negatively affected?” she said.
The lawyer representing the Ministry of Family and Social Services requested punishment in line with the prosecution’s opinion.
After a recess, the court announced its verdict, ruling that the prosecution’s assessment regarding “erotic connotations” could not by itself justify criminal sanctions.
