On 14 June 2020, Erhan Görür, aged 20, was fatally shot by First Lieutenant Yasin Erkoç in a rural area of Kaşkol (Qaşqol) neighbourhood in the Başkale district of Van, while crossing into Türkiye from Iran. Saim Yılmaz was seriously injured in the same incident.
The Van Chief Public Prosecutor's Office opened an investigation into the incident. An external examination of Görür's body was conducted the same day, followed by a full autopsy at the Van Forensic Medicine Institute to determine the exact cause of death. The autopsy found five bullets in his body. Subsequent ballistic examinations established that the bullets that caused his death had been fired from Yasin Erkoç's firearm. An examination of Görür's clothing also indicated that the shots had been fired from “a distant range”.
During the investigation, statements were taken from Yasin Erkoç and ten other military personnel, including commissioned and non-commissioned soldiers. Erkoç said that, while on duty in the Delikkaya area, he had seen individuals on horseback approaching his position. He said that he warned them to stop three times. When they did not stop, he fired four shots to the right and left of the horses without aiming at the individuals. He also said that weather conditions had significantly reduced visibility.
Erkoç said that a subsequent search found an injured horse approximately one kilometre away. Saim Yılmaz was found injured some 10–15 kilometres further on, while Erhan Görür was found dead approximately 500 metres away from him. The soldiers who gave evidence as witnesses similarly said that, after hearing gunfire, they went to their commander's position and joined the search. According to their statements, the two horses were found approximately 500 metres apart. One horse was dead, one person was injured, and another was dead.
In an indictment dated 10 March 2022, the Van Chief Public Prosecutor's Office noted that Erhan Görür had sustained five gunshot wounds, although Erkoç said that he had fired only four shots. The indictment found that Erkoç had acted in breach of his duty of care. Despite having the professional experience to foresee the consequences of his actions, he had caused Görür's death. The prosecutor therefore sought his conviction for causing death and injury by conscious negligence under Article 85(2) of the Turkish Penal Code (TCK). The Van 5th Assize Court accepted the indictment and criminal proceedings began.
At the first hearing on 31 May 2022, Erkoç and his defence counsel attended by video link through SEGBİS. Erhan Görür's mother, Sıdıka Görür, the complainant Saim Yılmaz, and their lawyers were present in court. The court rejected applications by the Van Bar Association Human Rights Centre and the Van Branch of the Human Rights Association (İHD) to join the proceedings.
In his defence, Erkoç said that the incident had taken place at night and there had been no moonlight. He said that individuals on horseback approaching from the Iranian border had ridden rapidly towards their position. He maintained that he had warned them to stop three times. Recalling that a fellow soldier had previously been killed in a similar incident, he said that he believed the individuals might be armed. He therefore opened fire but maintained that he had not aimed at anyone.
Defence counsel argued that Erkoç had been serving in a high-risk area where attacks had previously occurred and had acted in the performance of his official duties. Sıdıka Görür said that her son had been involved in the illicit cigarette trade because of financial hardship. She also alleged that his mobile phone and money had been taken after the incident.
Saim Yılmaz, who survived the shooting, said that they had bought illicit cigarettes in Iran and passed approximately 100–150 metres from the gendarmerie station. He said that they had not been warned to stop and that it was impossible to stop the horses once the shooting began. He also said that, after he was shot, Erkoç approached him, verbally abused him and stepped on his head. According to Yılmaz, he was taken first to the gendarmerie station rather than directly to an ambulance.
Counsel for the intervening parties requested an on-site inspection, an examination of the spent cartridge cases and gunshot residue, the 112 emergency call records, and the hearing of villagers as witnesses. They also requested that Erkoç be remanded in custody pending trial or placed under judicial control measures. The court ordered that inquiries be made to identify the two other individuals allegedly with Erhan Görür and Saim Yılmaz at the time of the incident. It decided to consider the request for an on-site inspection between hearings. The court rejected the requests to remand Erkoç in custody or impose judicial control measures, finding that he had a fixed residence, was serving as a commissioned officer and posed no risk of absconding.
At the second hearing on 15 September 2022, defence counsel asked the court to determine whether the scene was within a “terrorism zone”. Counsel for the intervening parties reiterated that Erkoç's conduct should be considered intentional homicide rather than negligent homicide. They again requested an on-site inspection and an examination of the spent cartridge cases. They also requested an assessment of the direction of fire and the circumstances of the shooting, as well as the inclusion of the 112 emergency call records in the case file.
The court ordered that the 112 emergency call records be obtained and that the two individuals allegedly with Erhan Görür and Saim Yılmaz be identified and heard as witnesses. It also requested the administrative investigation file from the 6th Border Brigade Command of the Land Forces Command. The court rejected the request to determine whether the scene was within a “terrorism zone”, noting that the area was designated as a first-degree military prohibited zone. It also rejected the request to remand Erkoç in custody.
At the hearing on 6 December 2022, the court appointed an expert to transcribe the audio recordings on the CD submitted by the 112 emergency call service. It also ordered that Saim Yılmaz and his medical records be referred to the Council of Forensic Medicine for a final forensic medical report. The request to remand Erkoç in custody was again rejected.
At the hearing on 9 February 2023, counsel for the intervening parties submitted a petition asking to be excused from attending because of the earthquakes centred in Kahramanmaraş. Defence counsel was also unable to participate because technical difficulties prevented a SEGBİS connection from being established. The court nevertheless heard two witnesses, both of whom said that they had no knowledge of the incident. At the end of the hearing, the case file was sent to the prosecutor to prepare the opinion on the merits.
At the hearing on 11 April 2023, the court decided not to hear witness B.K. because the witness could not be located. Counsel for the intervening parties objected, arguing that the testimony was important to establishing the circumstances of the incident and determining whether Erkoç's conduct amounted to intentional homicide or negligent homicide.
Counsel also renewed their request for an on-site inspection. They argued that, although Erkoç had described the scene as mountainous and rocky, the area was in fact flat. They also pointed to the numerous gunshot wounds found on Erhan Görür and his horse. They therefore requested an on-site inspection, an examination of the spent cartridge cases, and an assessment of how the incident had occurred. The court rejected the requests, finding that they would have no bearing on the merits of the case.
At the same hearing, the prosecutor submitted the opinion on the merits. The prosecutor argued that Erkoç had acted in breach of his duty of care and, despite having the professional experience to foresee the consequences of his actions, had failed to exercise the required degree of care. The prosecutor therefore requested that he be convicted of causing death and injury by conscious negligence.
On 18 April 2023, the Van 5th Assize Court found Erkoç criminally responsible for Erhan Görür's death and Saim Yılmaz's injury on the basis of conscious negligence and sentenced him to a total of six years and eight months' imprisonment. The judgment was adopted by a majority. In a dissenting opinion, one member of the bench found that Erkoç's conduct should have been classified as eventual intent rather than conscious negligence.