bianet Editor Tuğçe Yılmaz was stopped by police during an ID check at the Kadıköy ferry pier Tuesday evening and was taken to the local police station for questioning.
She spent the night at the station and was initially expected to be taken to the İstanbul Courthouse in Çağlayan for a prosecutor’s statement. However, she was later transferred, along with other judicial detainees, to the İstanbul Anatolian Courthouse in Kartal. Later, she was transferred to the Çağlayan İstanbul Courthouse on the European side.
"Concealing the case file and detention are unlawful"
IPS İletişim Vakfı Legal Advisor Aynur Tuncel Yazgan criticized the lack of information provided to Yılmaz’s legal counsel regarding the case.
In response to questions about Yılmaz’s detention, Yazgan said: “Since the grounds for the arrest were not clearly stated and the defense was not allowed to examine the file, the right to challenge the arrest is being curtailed, and the opportunity to gather exculpatory evidence and prepare a defense while in custody is being denied.”
Yazgan also reminded that, according to Article 100/4 of the Criminal Procedure Code (CMK), detention is prohibited for offenses carrying a prison sentence of less than two years. She questioned why someone with a known residence and workplace had been taken into custody for such a case.
She added that Article 91/2 of the CMK only permits detention in exceptional circumstances, which do not apply in Yılmaz’s case, rendering the detention unlawful.
An indictment was prepared against Yılmaz solely for conducting an interview with Armenian youth in Turkey, accusing her of “publicly denigrating the Turkish nation, the state of the Republic of Turkey, and the institutions and organs of the state” under Article 301 of the Turkish Penal Code (TCK).
At around 1.30 pm on Wednesday, Yılmaz gave her statement to the prosecutor handling the case. She explained that the interview was based on a conversation with two Armenian youth and did not contain any content that insulted any individual, institution, or state authority. She said her intention was to bring back into public discussion a historically significant event with the support of two sources.
Yılmaz stated, “My report has no connection whatsoever with Article 301 of the Turkish Penal Code. There are requirements of my profession, and my professional rights are guaranteed by the Constitution. I produced the report within this framework. The content only includes the statements of the individuals I interviewed. I had no intention of insulting the Turkish nation or the Republic of Turkey. I do not accept the accusations.”
One of Yılmaz’s lawyers, Mutlu Serbest, spoke on procedural grounds. He pointed out that, according to Article 26 of the Press Law, the statute of limitations for filing a public case over published news articles is between four and six months and that this timeframe had been exceeded.
Lawyer Elif Ergin also emphasized, “My client is a journalist and conducted the interview as part of her profession.” She stated that the act falls within the scope of fundamental rights and freedoms protected by the Constitution and by international conventions to which Turkey is a party.
Following her statement to the prosecutor at the İstanbul Courthouse in Çağlayan, Yılmaz was released.
Organisations react
Reporters Without Borders (RSF) Turkey Representative Erol Önderoğlu commented on Yılmaz’s detention:
“Our colleague Tuğçe Yılmaz, whose journalism is well-documented in all official state records, is reportedly being investigated because of her reporting. Regardless of how absurd the investigation may be, is the proper procedure really to deprive her of her freedom by treating her like a criminal on the street? On top of that, this scandalous treatment is based entirely on the anti-democratic Article 301. We condemn it and demand that Yılmaz be released immediately. Clearly, the judiciary’s arbitrary approach to journalists has unfortunately spiraled out of control.”
In a statement shared on X, the DİSK Basın-İş union condemned the arrest, pointing out that Yılmaz had been regularly reporting to the police station:
“Subjected to judicial control and regularly signing in at the police station every week, a journalist like Tuğçe Yılmaz – whose compliance with a summons is unquestionable – should not be detained or held in custody in this manner.”
The Journalists’ Union of Turkey also called for the immediate release of Yılmaz:
“We are closely monitoring the process with our lawyers. It is absolutely unacceptable for Yılmaz to be subjected to this treatment because of her reporting. Release our member immediately.”
(AEK/HA/DT)
