Yılmaz’s case, in which she was charged with “publicly denigrating the Turkish nation” over an interview she conducted with young Armenians, has been dismissed on the grounds that the four-month time limit for bringing the case had expired

TANSU PİŞKİN, ISTANBUL

The third hearing in the trial of journalist Tuğçe Yılmaz on charges of “publicly denigrating the Republic of Turkey” was held at the at the Istanbul 2nd Criminal Court of First Instance on 20 October 2026. Yılmaz is on trial over the article titled “Türkiyeli Ermeni gençler anlatıyor: 109 yıldır süren yas” (Armenian youths speak up: A 109-year-long mourning.)

Journalist Yılmaz and her lawyer, Deniz Yazgan, were present at the hearing, which was monitored by P24.

Yılmaz presented her defense against the prosecutor’s final opinion on the case, which sought her conviction on charges of “publicly denigrating the Turkish nation.”

In his defense, Yılmaz read out the message of condolence sent by President Recep Tayyip Erdoğan to the Armenian Patriarchate on 24 April 2025, stating: “According to the prosecutor’s allegation, this message could also be the subject of an investigation. However, as the message was sent by President Erdoğan, it is not possible to carry out such a procedure.”

Referring to Erdoğan’s words

Yılmaz said the following in his defense:

“‘The lands of Anatolia, where humanitarian duties are not neglected and joy and sorrow can be shared sincerely, place the concepts of conscience and justice above and beyond all else. It is precisely this understanding that, in accordance with our historical consciousness and our humanistic outlook, will lead us to continue to uphold the memories of the Ottoman Armenians. We shall continue to recall and remind people of the culture of coexistence between Turks and Armenians, which stretches back a thousand years. We shall not cease to work towards the goals of friendship and peace in the face of those who seek to drive apart two neighboring peoples with shared history and similar traditions through rhetoric of hatred and enmity.

“With these thoughts in mind, I once again pay my respects to the Ottoman Armenians who have passed away, and offer my condolences to their surviving relatives. I wish to reiterate that we share this common grief. I would also like to take this opportunity to once again thank all our Armenian citizens who have contributed to our country from the past to the present.’

“These words are taken from the message of condolence sent by President Recep Tayyip Erdoğan to the Armenian Patriarchate on 24 April 2025. According to the prosecutor’s allegation, this message could also be the subject of an investigation. However, as the message was sent by President Erdoğan, it is not possible to take such action. President Erdoğan will send a message of condolence to the Patriarchate this year, just as he does every year. I, too, will report on this message, as I do every year.

“I am here before you today because of a news report I published on the anniversary of the day the President described as a ‘shared sorrow.’ Moreover, for the past two years, I have been subjected to this pressure following a complaint made to CİMER (Communication Center of Presidency) by an individual whose identity, intentions and even mental state are unclear; I do not know whether they harbor any animosity towards me, nor have I even been able to learn their name.

“The fact that the judicial process has been initiated despite the statutory time limit for bringing a case against me having expired constitutes a violation of my rights in itself. I was stopped by the police whilst on my way home and forced to spend a night in police custody. It did not end there; I subsequently learnt that I was being tracked via a facial recognition system as if I were a criminal.

“I am a journalist. The detention of a journalist over a news report cannot be regarded as a normal or legitimate measure. Since 2015, despite all the material and psychological pressure I have faced, I have endeavored to practice my profession with the same enthusiasm and curiosity. My trial has been reported on by my colleagues from various countries around the world, particularly the Turkish and Armenian press; I have received hundreds of messages of solidarity.

“Everyone who reads my reports knows that, in carrying out my profession, I strive to give a voice to people and animals who face discrimination and injustice, and whose voices are not heard, and to amplify those voices. Today, however, even the care I have shown in practicing journalism is being overshadowed by these charges.

“I view journalism as a forum for defending rights – for you too, who are judging me here today but who might yourselves face injustice tomorrow. As a journalist simply trying to do my job properly, I believe and see that there is no legal basis for my trial under such a controversial and ambiguous article.

“The charge against me is based on the allegation that I ‘insulted the Turkish nation and state.’ Yet there is not a single statement in the report in question to support this allegation. Moreover, throughout my life I have taken care never to undermine anyone’s honor; I have never insulted anyone.

“I wrote this article because that is my job. I earn my living by reporting the news. As the President has also stated – though the honorable prosecutor has overlooked this – this issue is a shared sorrow for us all. As the President emphasized, I too hope for reconciliation between the Armenian, Turkish and Kurdish peoples, and I am striving towards this.

“Why am I on trial when the government’s will is plain to see?”

“Whilst the government is demonstrating a will for normalization and peace in this area, why am I, as a journalist, on trial for reporting on these efforts? As I stated at the first hearing, immediately after I was charged under this article, an Armenian journalist was murdered in this country. I once again pay tribute to my colleague Hrant Dink. Apart from Dink, all my colleagues who have been tried under this article, particularly in recent years, have been acquitted.

“My request to the court is that it safeguard my constitutional rights – which the honorable prosecutor has disregarded – and the responsibilities my profession imposes upon me. I would also ask you to bear in mind that Turkey is continuing its process of normalization with Armenia in foreign policy without pause, and that the Prime Minister of Armenia, Nikol Pashinyan, has visited Turkey for the first time in years. This is because this trial is taking place in the shadow of that process.

“Whilst there is not a single statement in the content of my news report that could constitute a criminal offense, there is no legal basis for my prosecution solely on the grounds of my journalistic activities, which I carried out by exercising my freedom of expression. On these grounds, I request an acquittal.”

A motion to dismiss was granted

Yılmaz’s lawyer, Deniz Yazgan, who spoke after him, stated that the case had not been brought within the timeframe stipulated in Article 26 of the Press Law. Yazgan explained that the investigation had been launched following a CİMER complaint made on 25 April 2024 by an individual whose identity was unknown, and noted that although the statutory four-month period had elapsed, the case was only brought one year and two months after the complaint was filed.

Referring also to the Constitutional Court’s ruling on the Hrant Dink case, Yazgan stated that making expressions such as “genocide” the subject of a trial was contrary to the Constitution.

Whilst the prosecutor reiterated their opinion in favor of punishing Yılmaz, when asked for her final statement, Yılmaz said, “I want to trust in the law. I hope this case will also serve as a positive step towards the normalization process between Turkey and Armenia.”

Following the statements, the court adjourned to deliberate. After the adjournment, the court announced its decision, ruling that the case should be dismissed in accordance with Article 223/8 of the Code of Criminal Procedure, as the four-month limitation period under Article 26/1 of the Press Law had expired.

Background of the case

Following an article titled “Armenian Youth in Turkey Speak Out: A Mourning That Has Lasted 109 Years,” published on bianet.org on 24 April 2024, an anonymous individual filed a complaint against Yılmaz with Presidential Communication Center (CİMER.) In their complaint, the informant stated, “The term ‘genocide’ is used on the bianet website regarding the 1915 events to incite the public to hatred and hostility, and the same news site engages in terrorism advocacy and propaganda.” The report was investigated by the Security Branch of the Istanbul Police Department, and the indictment dated 13 March 2025, was sent to the Istanbul Chief Public Prosecutor’s Office, initiating the investigation against Yılmaz.

Following the Ministry of Justice’s General Directorate of Criminal Affairs granting permission for the investigation on 16 April 2025, the Press Crimes Investigation Bureau of the Istanbul Chief Public Prosecutor’s Office initiated an investigation against Yılmaz on charges of “publicly denigrating the Republic of Turkey.” The prosecution, claiming that Yılmaz’s “unavailability” prevented her defense from being heard, requested an arrest warrant for the journalist from the Istanbul On-Duty Criminal Court of First Instance. The Istanbul 4th Criminal Court of First Instance issued an arrest warrant on 26 May 2025 to take Yılmaz’s statement.

The indictment against Yılmaz was finalized on 2 June 2025. In the indictment, which was prepared without taking her statement, it was argued that the statements in the article in question exceeded the bounds of criticism, damaged the honor and dignity of the state, and therefore could not be evaluated under the scope of freedom of expression. It was argued that the text contained insults and degrading language, did not contribute to society, and was intended to publicly humiliate the state.

The prosecution concluded that there was “sufficient suspicion” to warrant the filing of a public prosecution against Yılmaz based on these assessments. While noting that the content qualifies as a periodical publication under the Press Law, it was stated that public prosecutions could also be filed against suspects whose defenses could not be heard, citing Supreme Court rulings.

Yılmaz was detained on 3 June 2025, during a criminal record check in Kadıköy, Istanbul. On 4 June, she was transferred to the Istanbul Courthouse in Çağlayan and released after giving her statement to the prosecutor.