Turkish journalist and Bianet editor Tugce Yilmaz is standing trial in Istanbul after being prosecuted by Turkish authorities under Article 301 of the Penal Code for publishing an April 24 report in which two Armenian youths spoke openly about their identity, culture, and the legacy of the Armenian Genocide. The case began after an anonymous CIMER complaint accused her of “insulting Turkishness, Turkey, the Turkish nation, and the Turkish government institutions” for using the word genocide and addressing the experiences of Armenians living in Turkey, a subject that remains heavily restricted under Turkey’s penal code. The complaint led to Yilmaz’s detention, overnight custody, and a hearing at the Istanbul 2nd Penal Court of First Instance that drew significant attention from press freedom groups and civil society, report Bianet and Cyprus-based Gibrahayer E-Magazine.
What Yilmaz Published on April 24, 2024
On April 24, 2024, Yilmaz published a special report titled “Armenian youths speak up: A 109-year-long mourning.” The piece marked the 109th anniversary of the Armenian Genocide and featured two young Armenians from Istanbul, Aren and Zepür, who spoke openly about their ties to Armenian language and culture, their connection to Istanbul, and what April 24, 1915 represents in their lives. The article explored how the fourth generation of genocide survivors carries inherited trauma, cultural responsibility, and the challenge of sustaining Armenian identity in Turkey.
Aren, 27, described growing up with a constant need to protect or conceal his identity as an Armenian. He recounted being told not to use Armenian words in public, facing strange reactions from people who viewed him as “exotic,” and learning to switch languages quickly for safety. He said he gravitated toward Kurdish friends in university because they understood discrimination and would protect him. Aren also spoke about the dangers he felt during military service, especially near April 24, referencing the killing of Armenian conscript Sevag Balikci on April 24, 2011. He described a frightening encounter with a commander who questioned him about martyrdom, pressured him about 1915, and confronted him about being Armenian. Aren said these moments revealed how deeply genocide memory and fear remain embedded in the Armenian experience in Turkey.
Zepür, also 27, told Yilmaz that Armenian was her first language and emphasized the importance of maintaining Armenian identity within Turkey. She said April 24 represents a universal and undeniable truth, and shared her family’s history, including the Musa Dagh Resistance of 1915 and her father’s memories of forced migration in Dersim in 1938. She spoke about the anxiety Armenians still feel, the rapid decline of Armenian-language use in Istanbul, and the fear that cultural traditions, church life, and rituals may disappear if the language cannot be preserved. Both young interviewees described April 24 as an annual expression of grief, resistance, and unbroken presence—“a mourning that has lasted 109 years.” This April 24 report, which openly discussed the Armenian Genocide, intergenerational trauma, and the lived experiences of Armenians in Turkey, is the piece that triggered the CIMER complaint and ultimately led to the charges against Yilmaz under Article 301.
Origins of the Case and Procedural Irregularities
Yilmaz said the investigation was launched after an anonymous complaint submitted via the Presidential Communication Center (CIMER). The submission accused Bianet of using the word “genocide,” inciting hatred, and even “terror praise,” though she said it did not meet the legal standards for a petition because it lacked a name, address, and identifiable information. Her lawyers said such anonymous CIMER submissions cannot legally trigger a prosecution. She also noted that the legal time window for initiating a criminal case had already expired before the indictment was filed. According to Yilmaz, she was stopped by police on June 3 while returning home, identified through a facial recognition system, and held overnight without being told why. She learned the reason for her detention only while being transported to the courthouse the next day, which she said restricted her ability to defend herself.
Inside the First Hearing
The trial opened at the Istanbul 2nd Penal Court of First Instance. Yilmaz was represented by lawyers Deniz Yazgan, Bat?kan Erkoç of the Media and Law Studies Association (MLSA), and Elif Ergin of the Turkish Journalists’ Union (TGS). The hearing drew significant attention from journalists, civil society members, and press freedom organizations. Among those present were Turkey representatives from Reporters Without Borders (RSF) and the Committee to Protect Journalists (CPJ), as well as members of MLSA, TGS, and public health professor Onur Hamzao?lu. Before proceedings began, the judge removed spectators without seats due to the small size of the courtroom and inadequate ventilation.
Yilmaz’s Courtroom Defense
Yilmaz described the prosecution as “an explicit act of intimidation,” saying she was being targeted for exercising her freedom of speech as a journalist. She said her reporting did not insult anyone and that she has always tried to give voice to people who are ignored or marginalized, including “both people and animals.” She pointed to the broader political context, noting that Armenia and Turkey are engaged in dialogue, including a recent visit by Prime Minister Nikol Pashinyan and discussions on opening border gates and resuming trade. She warned that prosecuting journalists on Armenian issues during a period of normalization sends a chilling message. Yilmaz told the court that what was being judged was her profession, which she has pursued since 2015 “with excitement and curiosity.” She ended her remarks by remembering journalist Hrant Dink, who was also prosecuted under Article 301 before being assassinated, and called for her acquittal.
Arguments From Her Legal Team
Her lawyers argued that the case has no lawful foundation. They said anonymous CIMER complaints do not meet legal requirements and cannot establish grounds for prosecution. They also stressed that the case was filed after the legal deadline had expired, and cited procedural violations, including the way police detained Yilmaz and the lack of proper notification. Attorney Yazgan criticized prosecutors for ignoring established legal protections and highlighted that the Constitutional Court and the European Court of Human Rights have repeatedly ruled that references to the Armenian Genocide fall under protected speech. He referenced landmark cases such as Dink v. Turkey and Akçam v. Turkey, saying Article 301 has already caused “great costs” in Turkey. Her legal team also noted that in July 2024, Bianet journalists Haluk Kalafat and Elif Akgül were acquitted of similar Article 301 charges involving the Armenian Genocide, reinforcing that such speech is not a crime. They asked the court for immediate acquittal.
Next Steps in the Case
Despite objections, the judge declined to dismiss the case and instructed the prosecutor to prepare a final opinion. The prosecutor requested more time, and the court granted the request. The next hearing is scheduled for April 21, 2026, at 2:30 p.m. The trial raises broader concerns about press freedom in Turkey and the continued use of Article 301 to target journalists reporting on Armenian issues.
