Şırnak Chief Public Prosecutor's Office initiated an investigation against artist Umut Botan (Reşit Çağlı), who sang the song "Şervano" at a public meeting organised by Peoples' Equality and Democracy (DEM) Party District Organisation in Cizîr (Cizre) district of Şırnak on 24 February 2024, on the allegation of "terrorist organization propaganda".

 

The indictment prepared by the Prosecutor's Office was accepted by Şırnak 2nd High Criminal Court. In the indictment, it was claimed that the chant "Şervano" was "suitable for creating a perception of danger".

 

In its final opinion, the Public Prosecutor claimed that Umut Botan sang songs praising and embracing PKK/KCK in the public meeting held as a result of the evidence gathered. In the continuation it was stated, "It is understood that the suspect committed the crime attributed to him by indirectly or directly defending terrorist criminals in order to provoke the commission of a terrorist crime, by saying the messages in public in a way that will lead to the danger of committing a terrorist crime or that will lead to the recruitment of terrorist organizations, and the defendant should be punished for the articles that fit the defendant's action...".

 

In his testify within the scope of the file, artist Çağlı stated that he participated in the public meeting with his musician identity and that the song was not banned, "This song is a song that is frequently played and sung on all social media channels and at weddings. Therefore, I demand my acquittal," he stated. 

 

THE SONG PRAISED THREATS AND VIOLENCE!

 

The prosecutor characterised the chant "Şervano" as violence and threat and argued that it legitimised or praised the PKK/YPG's methods of force, violence or threats, or encouraged the use of such methods.

 

The prosecutor's office claimed that the song cannot be considered within the scope of freedom of expression and has the elements of the crime of propaganda, and demanded Çağlı to be sentenced to 10 months in prison for "terrorist organization propaganda".

 

'A FREAK OF LAW'

 

Reacting to the sentence, artist Botan stated that the sentence was due to intolerance towards Kurdish music and said, "We are faced with an attitude that has not changed for years for Kurdish musicians and artists who are interested in Kurdish music. At this stage, we have once again seen with this verdict that the punishment of musicians and artists in this country because of a song is a huge legal oddity and an example of intolerance towards Kurdish culture and art. The song Şervano is a song that the whole society listens to with great hope. No musician or artist can remain indifferent to a song that the society embraces. Finding the song dangerous is related to the high appreciation and ownership of the society."

 

MA / Zeynep Durgut