Gönül Sonbahar, co-chair of the Human Rights Association’s (IHD) Dersim branch, is facing up to two years in prison for statements she made on April 24, 2024, in commemoration of the Armenian Genocide. The case, based on Article 301 of the Turkish Penal Code, which criminalizes "publicly insulting the Turkish nation, the state, or its institutions," will have its first hearing on October 9 at the Tunceli 1st Criminal Court of First Instance.
The charges stem from a press conference held by the IHD Dersim branch, where Sonbahar read a statement issued by the IHD central office titled “We Remember the Genocide Once Again and Call for an End to Denial,” marking the anniversary of the Armenian Genocide on April 24, 1915. Following this, the Tunceli Chief Public Prosecutor’s Office prepared an indictment accusing Sonbahar of violating Article 301.
Details of the indictment
The indictment notes that the investigation began after Tunceli Provincial Security Directorate officers detected a news story shared by Pir News Agency (PİRHA) on social media. The report highlighted the IHD Dersim branch’s statement on the 109th anniversary of the Armenian Genocide. After the Ministry of Justice granted permission for the investigation, Sonbahar became the subject of a legal case under Article 301.
The indictment points to specific excerpts from Sonbahar’s statement, including passages that discuss the arrest of 220 Armenian intellectuals in Istanbul in 1915, the confiscation of Armenian property, and the erasure of Armenian culture from their historical homeland. The statement also criticizes the Turkish state’s continued denial of the genocide, asserting that this denial is a continuation of the genocide itself.
According to the indictment, Sonbahar’s comments were considered insulting to the Turkish state. It also claims that she shared the same statements on her social media account, further supporting the charges against her.
Controversy over ‘virtual patrols’ used in the investigation
The investigation against Sonbahar was triggered by "virtual patrol activities" conducted by law enforcement on social media. This method, however, had been ruled unconstitutional by Turkey's Constitutional Court in 2020, which deemed it a violation of privacy and data protection rights. Despite this ruling, law enforcement agencies have continued to use these tactics in cases like Sonbahar’s.
Legal consequences
In addition to the prison sentence, the indictment requests that Sonbahar be stripped of certain civil rights if convicted.
Gönül Sonbahar will face trial on October 9 at the Tunceli 1st Criminal Court of First Instance. This case adds to a growing list of investigations and prosecutions targeting statements related to the Armenian Genocide, especially since 2018, as the indictment points out.
Background of the case
Sonbahar’s case is part of a broader pattern of prosecutions under Article 301, which has frequently been used to target individuals and organizations discussing sensitive historical issues like the Armenian Genocide. On April 25, 2023, law enforcement launched widespread operations in 20 provinces, detaining nearly 200 individuals, including journalists, lawyers, politicians, and civil society activists, as part of a crackdown on discussions related to the genocide.
