The case against former bianet editor Tuğçe Yılmaz on charge of "insulting the Republic of Turkey and the Turkish nation" over an interview with Armenian youths in Turkey has been dismissed.
The İstanbul 2nd Penal Court of First Instance ruled that the four-month deadline for filing charges under Article 26/1 of the Press Law had expired.
The hearing was attended by Yılmaz, lawyer Deniz Yazgan, along with BİA Media Monitoring Rapporteur Erol Önderoğlu, Committee to Protect Journalists (CPJ) Turkey Representative Özgür Öğret, and several of Yılmaz's colleagues.
The interview at the center of the case, titled "Armenian youths in Turkey speak out: 109 years of mourning," was published by bianet on Apr 24, 2024.
Armenian youths speak up: A 109-year-long mourning
Yılmaz cites Erdoğan's condolence message
Yılmaz began her defense against the prosecutor's final opinion seeking her conviction by reading an excerpt from President Recep Tayyip Erdoğan's condolence message to the Armenian Patriarchate on Apr 24, 2025.
Quoting Erdoğan's statements, "We will continue to honor the memory of Ottoman Armenians" and "I would like to reiterate that we share this common pain," Yılmaz said, "According to the prosecutor's argument, this message could also be grounds for an investigation. However, since the message was issued by President Erdoğan, such action is out of the question."
Yılmaz said she was being prosecuted for an article published on the anniversary of a day the president himself had described as a source of "common pain."
Yılmaz noted that the investigation against her was launched following a complaint filed with the Presidential Communication Center (CİMER) "by someone whose identity I didn't even know." She said she had faced pressure for two years as a result, including being stopped by police on her way home, spending a night in custody, and later learning that she had been tracked using facial recognition technology.
"I am a journalist. Detaining a journalist over their reporting cannot be considered a normal or legitimate measure," she said.
She also described the filing of the case after the statutory deadline as a violation of her rights.
BIA Media Monitoring Reports
'I reported this story because it's my job'
Yılmaz said she had been striving to continue her journalism since 2015 despite financial and psychological pressures. Her work aimed to give a voice to people and animals who face discrimination or injustice and whose voices often go unheard, she added.
She said that she viewed journalism as a means of defending rights and that her article contained nothing that could substantiate the charges:
"I see journalism as a means of defending rights, including the rights of those of you judging me here today, who may yourselves face injustice tomorrow.
"As a journalist simply trying to do my job properly, I believe, and can clearly see, that there is no legal basis for prosecuting me under such a controversial and vaguely worded provision.
"The article under which I am being prosecuted concerns the alleged 'insulting of the Turkish nation and state.' Yet there is not a single statement in my report that supports this allegation. Moreover, throughout my life, I have always taken care not to undermine anyone's dignity. I have never insulted anyone.
"I reported this story because it's my job. Reporting is also how I earn my living. As the president himself has acknowledged, but the prosecutor has overlooked, this is a pain we all share.
"Like the president, I hope for reconciliation among the Armenian, Turkish and Kurdish peoples, and I am working toward that goal.
"While the government is demonstrating a willingness to pursue normalization and peace in this area, why am I being prosecuted as a journalist for reporting on these efforts?"
Yılmaz also commemorated Hrant Dink, an Armenian journalist assassinated in 2007, in her defense and called on the court to uphold her constitutional rights and protect her ability to fulfill her professional responsibilities.
"There is not a single statement in my article that could constitute a crime. Prosecuting me simply for exercising my freedom of expression through my journalism has no legal basis," Yılmaz said, requesting an acquittal.
Lawyer points to deadline
Yılmaz's lawyer, Deniz Yazgan, also argued that the case had not been filed within the deadline set out in Article 26 of the Press Law.
Yazgan said the investigation was launched following a complaint submitted to CİMER on Apr 25, 2024, by an unidentified individual. Despite the four-month statutory deadline, the case was filed one year and two months after the complaint.
He emphasized that authorization to launch an investigation did not mean a crime had been committed. He argued that the article in question was an interview conveying the feelings of two young Armenians and contained no criminal offense.
Citing the Constitutional Court's ruling in the Hrant Dink case, Yazgan also argued that prosecuting people over the use of terms such as "genocide" was unconstitutional.
'I want to have faith in the law'
The prosecutor reiterated the final opinion seeking Yılmaz's conviction.
Asked for her final statement, Yılmaz said, “I want to have confidence in the law. I also hope it will be beneficial for the normalization process between Turkey and Armenia.”
After hearing the statements, the court recessed to deliberate. Upon returning, it dismissed the case on the grounds that the four-month statutory deadline for filing charges under Article 26/1 of the Press Law had expired. (HA/VK)