Necmettin Fendik was seriously injured after being shot during a police raid on his home in Güngör neighbourhood, Yüksekova district of Hakkari, at around 1:30 a.m. on 17 July 2017. He died the following day at Yüksekova State Hospital.
According to the incident report prepared by the police officers involved in the operation, officers forced entry into the house with a battering ram after Fendik failed to open the door. The report stated that several officers at the front fell to the ground during the entry and that Fendik was holding a firearm. The operation was reportedly launched in response to an SMS tip-off circulated through police communication channels, alleging that two members of an armed organisation and explosives were present in Fendik’s house and several neighbouring houses, and that an attack was being planned for the following day. Searches were conducted at all of the locations mentioned in the tip-off; however, no weapons, explosives, or individuals matching the description in the message were found.
The post-mortem examination and autopsy conducted by the Van Forensic Medicine Institute established that a single bullet struck Fendik. The bullet entered through the right side of his neck, exited from the left side on a slightly downward trajectory, and caused fatal vascular and bone injuries. Because medical intervention had already been carried out on the wound, it was not possible to determine the firing distance. A crime scene examination recorded the presence of a loaded firearm near the entrance of the house, clothing described as belonging to a “leşker” in one of the rooms, and 7,500 Turkish lira in cash. A forensic analysis conducted by the Diyarbakır Criminal Police Laboratory detected traces of antimony on Fendik’s hands, which were assessed as possible gunshot residue.
On 19 July 2017, the Yüksekova Public Prosecutor’s Office opened an investigation into police officer Ali Furkan Kansız. Judicial control measures were imposed on the officer, requiring him to report to the authorities once a week and prohibiting him from leaving the country. During the investigation, Fendik’s wife, Kudret Fendik, stated that no one other than family members had been in the house that night, that police officers broke down the door and entered, and that her husband was shot inside the house.
The police officers involved in the operation maintained that they repeatedly knocked on the door and shouted “Police, open the door.” They claimed that when the door was not opened, they used a battering ram, during which officer Ali Furkan Kansız fell to the ground and his weapon discharged accidentally, striking Fendik. The officers further asserted that Fendik had been holding a firearm, but that no one intentionally shot him. They stated that Kansız provided first aid and helped carry Fendik to the ambulance.
On 28 March 2018, the Yüksekova District Police Directorate reported that no video footage of the operation existed. Meanwhile, a separate investigation against Fendik for possession of an unlicensed firearm and ammunition ended with a decision of non-prosecution on 30 January 2018. On 1 February 2018, an indictment was filed against Ali Furkan Kansız on charges of causing death by negligence, and proceedings were initiated before the Yüksekova 2nd Criminal Court of First Instance.
At a hearing held on 26 April 2018, Kudret Fendik testified through an interpreter that police officers fired through the glass panel of the door without issuing any warning and that her husband had been deliberately shot. She further stated that no medical assistance was provided for approximately one hour after he was wounded and alleged that 40,000 Turkish lira kept among bedding in the house disappeared following the police search. A civilian witness whose signature appeared on the incident report testified that he had not been present at the scene on the night of the incident and that police officers contacted him the following day and asked him to sign the report, which he did because he trusted them.
On 28 June 2018, the Yüksekova 2nd Criminal Court of First Instance ruled that the facts of the case could amount to intentional killing rather than negligence and therefore declined jurisdiction, referring the case to the High Criminal Court. When the High Criminal Court also declined jurisdiction, a dispute arose between the courts and was referred to the Erzurum Regional Court of Appeal. On 3 May 2019, the 5th Criminal Chamber of the Erzurum Regional Court of Appeal held that jurisdiction belonged to the High Criminal Court.
At the first hearing before the Yüksekova High Criminal Court on 19 September 2019, Kudret Fendik repeated that two shots had been fired from outside before the door was opened and that her husband was struck at that moment. She stated that she opened the door only after he had been shot. She also alleged that she and her children were beaten and removed from the house by police officers while attempting to assist him, and that there had been no firearm in the house. At the hearing on 14 November 2019, the neighbourhood headman testified that he had signed the incident report at the request of the police but had not actually been present during the operation.
On 10 September 2020, the court ordered an expert opinion from a three-member panel to assess whether Ali Furkan Kansız had acted within the scope of his powers under the Law on Duties and Powers of the Police (PVSK) and to determine whether his conduct involved negligence or intent. At a hearing on 29 December 2020, Fendik’s children stated that their father was trying to open the door when the key fell to the ground during the police entry attempt. He was shot as he bent down to pick it up. According to their testimony, he was unarmed, remained alive after being shot, but family members were prevented from assisting him. They further stated that an ambulance was not called until approximately one hour later, after the police search of the house had been completed. The court ordered the Police Directorate to provide any photographs and video recordings relating to the search and to Fendik’s condition after he was shot.
By the hearing of 30 March 2021, the expert report had been received, and the court considered conducting an on-site inspection. However, the Yüksekova District Police Directorate reported that the area posed security risks and that an inspection could trigger public disturbances. Relying on this assessment, the court decided on 3 June 2021 not to conduct an on-site inspection. Counsel for the family argued that courts had previously been able to carry out inspections in the same area, that the investigation contained significant shortcomings, and that an inspection remained necessary. The court also rejected a request to detain the defendant and ordered a further expert report on fault and responsibility.
At the hearing on 22 February 2022, counsel for the family requested mobile phone traffic records (HTS) to establish when the ambulance had actually been called and renewed the request for an on-site inspection. Counsel also pointed out that no fingerprints belonging to Fendik had been found on the firearm allegedly recovered from the house. The court ordered the collection of telephone records relating to the night of the incident and decided that future expert reports should be prepared by firearms and security specialists rather than legal academics. A request to identify the person who made the original tip-off was rejected on security grounds.
At the hearing on 26 May 2022, neighbours and relatives testified that they heard gunshots and children screaming and attempted to approach the house, but were prevented from doing so by police officers.
The court ultimately ordered an on-site inspection on 13 September 2022, which was carried out on 7 November 2022. The expert report prepared afterwards identified five separate deficiencies in the initial crime scene and forensic investigation that had never been addressed. The court ordered an inquiry into whether any action had been taken regarding those deficiencies during the investigation stage.
At the hearing on 21 June 2023, the case file was sent to the prosecutor’s office for the preparation of an opinion on the merits. In submissions dated 4 October 2023, the prosecutor requested that Ali Furkan Kansız be convicted of causing death by negligence. At the same hearing, upon the request of counsel for the family, the court decided to refer the file to the Forensic Medicine Institute for a further assessment of the bullet trajectory, including whether the bullet had changed direction inside the body and whether it had struck any bone before exiting.
At the hearing on 19 February 2024, all requests by the family to broaden the scope of the proceedings and collect additional evidence were rejected. Although judgment had been expected on 28 June 2024, no decision could be delivered because the members of the trial bench were reassigned to other provinces. A subsequent hearing scheduled for 20 September 2024 was postponed due to the absence of defence counsel.
At the final hearing on 29 November 2024, the Yüksekova High Criminal Court adopted the prosecution’s position and convicted Ali Furkan Kansız of causing death by negligence, sentencing him to 1 year and 8 months’ imprisonment. The court suspended the pronouncement of the judgment (HAGB), meaning that the conviction would not take legal effect unless the defendant committed another offence during the supervision period.