Duygu Kıt
A prosecutor in Turkey argued that the song Herne Peş constitutes incitement to violence in a trial against four individuals accused of "terrorist propaganda" for dancing and singing at a political rally organized by the pro-Kurdish DEM Party in Dersim (officially known as Tunceli).
Court requests police report
The first hearing of the case was held at Tunceli 1st High Criminal Court. The defendants include former co-chairs of the DEM Party’s Dersim branch, Esma Ataş and Özcan Gürtaş, as well as Birsen Orhan, the elected co-mayor of Dersim who was later replaced by a government-appointed trustee.
The court session was attended by defendants Birsen Orhan, Özcan Gürtaş, and Nazlı Öz Çelik, along with DEM Party representatives and observers from the Media and Law Studies Association (MLSA). Police officers were also stationed at the Tunceli courthouse.
Defendants: It was a peaceful event
During the hearing, which began with identity verification, the defendants presented their defense statements. Nazlı Öz Çelik reiterated her previous testimony to law enforcement, stating:
"At the time, I was a member of the DEM Party. I was previously imprisoned, and my father is still in prison. My reason for joining the march was to protest prison isolation policies. I did not chant slogans or sing along. Promoting peace, not war, should not be a crime."
The other defendants also denied the accusations, emphasizing that the event was peaceful and took place under police supervision.
Defense lawyers: 'Herne Peş' is protected under free speech
The defendants' lawyers pointed out that the Constitutional Court of Turkey had previously ruled that similar songs fell under the protection of freedom of expression. They argued:
"This investigation was conducted using unlawfully obtained evidence. There is no proven connection between the defendants' actions and violence. The event was entirely peaceful, and the songs cited in the case do not contain any criminal elements. This prosecution contradicts the principles of a rule-of-law state. Due to insufficient evidence, we demand the acquittal of our clients."
The court ruled to request a detailed report from the Tunceli Police Department to determine the exact duration and lyrics of the song Herne Peş performed at the event. The next hearing was scheduled for March 25, 2025.
Background
The case stems from an investigation launched after DEM Party members participated in the Great Freedom March in Dersim, where they danced and sang. Authorities charged former local party leaders Esma Ataş and Özcan Gürtaş, as well as elected co-mayor Birsen Orhan and two others, with "making terrorist propaganda" based on their participation in the event.
