The İstanbul 54th Penal Court of First Instance acquitted singer Fatih Karaca, known professionally as Mabel Matiz, of obscenity charges today.
The case centered on the lyrics of his song "Perperişan," released in September. After a social media campaign targeted the singer, authorities launched a criminal investigation into the lyrics, which were interpreted as alluding to a queer relationship.
The court ruled that the elements of the crime of obscenity were not present. The prosecutor had previously requested a prison sentence of up to three years for the artist. They were also given an inernational traven ban after the investigation began.
Lawyers cite example songs
The hearing, which was scheduled for 11.00 am, began at 12.39 pm. During the proceedings, Matiz’s lawyer, Efsun Türker Bulut, criticized the basis of the charges and referenced past legal precedents.
"It is not realistic that those who are not disturbed by folk songs sung in the villages of Anatolia are disturbed by this song," Bulut said. She added that the defense had also cited prominent figures in Turkish literature, such as Nâzım Hikmet and Cemal Süreya, to show the lyrics reflected the country’s culture.
"İbrahim Tatlıses’s song ‘Tombul Tombul Memeler’ [Plump Breasts] was written 49 years ago. Where were we then, and what point have we reached now? This is very sad," Bulut added.
'Everyone can sing for everyone'
During the first hearing of the case, the judge asked Karaca, "Was this song written for a man?"
Karaca responded, "I find this question sad and hurtful. The same question would not be directed at an arabesque singer. Everyone can sing for everyone."
Expert board 'lacks expertise'
Lawyer Sezen Yılmaz argued that the prosecution relied on a report from the Board for the Protection of Minors from Obscene Publications, affiliated with the Family and Social Services Ministry, a body she claimed lacked expertise. Yılmaz noted the board members included former social security employees and lawyers but there were no sexual health experts or pedagogues in it.
Lawyer Dilek Gürsan emphasized the heritage of Anatolian culture in the defense, saying, "Anatolia has never expressed its feelings directly; it has expressed them through indirect narratives. Which child has been shown to be negatively affected by this song so far?"
The indictment
The prosecutor’s opinion, presented at the previous hearing on Apr 30, alleged that the lyrics used "physical and spiritual metaphors" to create "erotic associations."
The prosecution argued the song described sexual intercourse and was published on platforms accessible to children, violating general morality.
The indictment claimed the song’s lyrics "indirectly stimulated sexual desire" and contained "descriptions of sexual intercourse." It argued that because the song was released without age restrictions, it posed a risk to children. Karaca was charged with "mediating the dissemination of obscene publications."
The song
Here is a rough translation of the song's lyrics:
I’ve had enough of this troublesome single life
Who’s the one to burn for?
What to do, how to do it—gotta ask about the guy
Make a quick run to his mother
He should come to me, he should taste my love
Who is he to be with that cute, naïve boy?
The devil says, “Jump on him and fly your bird into his nest”
He should lie next to me
Let them strip me if they want
Let them put me beside him on the same pillow
Let them find me all shattered
Let them crucify if they wish
You know, the two of us in one shirt
This won’t stay in limbo
My blind love—no turning back
Even if they fire me from a cannon
(EMK/VK)
