The short answer is yes. The Turkish Criminal Code creates a distinct offence for this, and the heading of the provision is explicit: “Insulting the memory of a person”.
The provision: Article 130
“(1) A person who insults the memory of another after their death, by communicating with at least three persons, shall be punished with imprisonment from three months to two years or a judicial fine. The sentence shall be increased by one sixth where the insult is committed publicly.
(2) A person who takes all or part of the corpse or bones of a deceased person, or who performs degrading acts in respect of a corpse or bones, shall be punished with imprisonment from three months to two years.”
The communication requirement and publicity
Article 130/1 requires, for the offence, “communicating with at least three persons”. A statement made through publication typically satisfies that requirement and additionally carries publicity, so the sentence is increased by one sixth. Under Article 218 commission through the press and media can further increase the sentence by up to one half.
Who may complain
Article 131/2: “Where the victim dies before making a complaint, or where the offence was committed against the memory of a deceased person, a complaint may be made by the ascendants and descendants up to the second degree, the spouse or the siblings of the deceased.”
| Entitled to complain | Example |
|---|---|
| Ascendants up to the second degree | Mother, father, grandmother, grandfather |
| Descendants up to the second degree | Child, grandchild |
| Spouse | — |
| Siblings | — |
Personality rights: non-pecuniary damages do not pass to heirs
In private law an important limit applies. Article 25/4 of the Civil Code: “A claim for non-pecuniary damages may not be assigned unless accepted by the other party; it does not pass to the heirs unless asserted by the deceased.”
When it arises in journalism
- A report or column containing undocumented allegations about a deceased person
- The use of humiliating epithets in an obituary
- Publications about historical figures that descend into reviling
- Degrading images and expressions concerning funerals and cemeteries (Art. 130/2)
- Expressions that also target the deceased’s family — in which case Article 125 arises in respect of the living
Criticism and historical writing
Article 130 does not prohibit criticism or historical assessment of the dead. The last sentence of Article 218 applies here too: “expressions of opinion that do not exceed the limits of reporting and are made for the purpose of criticism shall not constitute an offence.”
The distinction is the same as for the living: a value judgment differs from attributing a concrete act, and abusive language is outside the protected area in every case.
The filing deadline
Under Article 26 of Law No. 5187, as a condition of prosecution, criminal cases concerning offences committed through printed works or online news sites must be brought within four months for daily periodicals and online news sites and six months for other printed works. The same article provides that, for offences whose prosecution depends on a complaint, the period runs from the date on which commission of the offence was learned.
The general elements of insult are covered in the criticism guide and the damages regime in the damages guide.