Singer Tunç sentenced to one month in prison for his words

Singer Tunç sentenced to one month in prison for his words

Malatya 3rd High Criminal Court sentenced artist Ferhat Tunç to one month imprisonment for his speech during the “Ýkinci Düzgün Baba” festival in Dersim in praise of 17 Maoist Communist Party (MKP) militants who lost their lives during an operation of Turkish army in June of 2005. The court decided for the non necessity of adjournment of the penalty but adjournment of the sentence annotation.

While artist Ferhat Tunç didn’t attend the hearing at Malatya 3rd High Criminal Court, his lawyer was present on the trial. Public prosecutor argued that the decision needed to be made in line with decision of reversal in the case which was retried as the formerly returned acquittal was reversed by Penal Department No. 9 of the Supreme Court. The prosecutor claimed that Tunç praised 17 MKP militants at his speech during the “Ýkinci Düzgün Baba” festival, arguing that the artist committed the crime “praising the crime and the criminal” with his song named “17 Spirits”.

THE SONG CONSIDERED AS A CRIME EVIDENCE

Defense lawyer Osman Süzen stated that the song sung and the speeches made don’t constitute a crime, remarking that his client Tunç gave particular importance to peace and brotherhood emphasis, adding that it was natural for him to compose that song as some of those causalities were his friends. However, the court sentenced Tunç to one month imprisonment for committing the crime “praising the crime and the criminal”. In addition, the court decided fort he court costs to be charged on the artists and for the adjournment of the sentence annotation.

Making a written statement following the court’s decision, Ferhat Tunç said the followings; “In a country which is claimed to have democracy, it is quite thought-provoking that a penalty is imposed on artists due to their speeches and the songs they sing are used as evidence against them. This kind of court processes and penalties are always set in front of him as a threatening factor and the penalty given is an example for this. They can not claim that there is a democracy n this country, they can not deceive anyone”. Tunç remarked that the dominants who swing penalties and prosecution around like the “sword of Damocles” will not be able to win through.

Tunç mentioned that they will never the struggle for democracy and freedom, adding that he will bring the case to European Court of Human Rights as “a certificate of shame”.

Translation: Berna Ozgencil