biianet website editor Tuğçe Yılmaz, who was detained for one day explanation, is now facing prosecution under Article 301 of the Turkish Penal Code over an interview she conducted with two Armenian youths on April 24 last year, marked globally as Armenian Genocide Remembrance Day.
Yılmaz was taken into custody during an identity check in Istanbul’s Kadıköy district and spent the night at the police station. It wasn’t until she appeared before the courthouse that she was informed of the reason for her detention: an interview discussing the Armenian Genocide and what it means to be Armenian in Turkey.
Neither Yılmaz nor her lawyer were given any information about the grounds for her arrest at the time of her detention. At Çağlayan Courthouse, she learned that a criminal investigation had been opened against her on March 18 over her article titled “Young Armenians in Turkey Speak: A Mourning That Has Lasted 109 Years.” She was also told that the case file had been forwarded to the court just two days earlier, formally initiating legal proceedings. Yılmaz received no prior notification regarding the lawsuit.
“A Requirement of My Profession”
At approximately 1:30 p.m. on Tuesday, (4th of June) Yılmaz gave a statement to the prosecutor overseeing the investigation. She explained that the article in question was based on her interview with two Armenian youths and did not contain any content that could be construed as insulting to any individual, institution, or state authority. She said her intention was to revisit a significant historical event that continues to resonate in public memory, using two firsthand sources.
“My reporting has no connection whatsoever to Article 301 of the Penal Code,” Yılmaz said. “Fulfilling the responsibilities of my profession is a constitutional right. I produced this story within the scope of those rights. The article consists solely of the statements made by the people I interviewed. I had no intention of insulting the Turkish nation or the Republic of Turkey. I reject the charges.”
One of Yılmaz’s lawyers, Mutlu Serbest, raised procedural objections, citing Article 26 of the Press Law. He noted that the legal deadline for filing public lawsuits over published news content—ranging from four to six months—had already passed.
Attorney Elif Ergin added, “My client is a journalist, and the interview in question was conducted as part of her professional duties.” She argued that the action falls within the scope of fundamental rights and freedoms protected by the Turkish Constitution and international conventions to which Turkey is a party.
Another Article 301 Case
Attorney Elif Ergin also argued that the arrest warrant issued against Yılmaz was both procedurally and legally flawed. “My client is already under judicial supervision, required to sign in once a week. As a journalist who could have been summoned properly and would have appeared to give a statement, issuing an arrest warrant was not only unnecessary but unlawful. Instead of being released with a commitment to report to the Chief Public Prosecutor’s Office, she was detained on a Tuesday during her routine Monday check-in at the police station and held overnight. The next morning, she was taken to the wrong courthouse. Her most basic rights were violated,” Ergin said.
Following her statement to the prosecutor at the Istanbul Courthouse in Çağlayan, Yılmaz was released.
(Translation: Bade Başer)
