Uefa 53ulke

Document Sample
Uefa 53ulke Powered By Docstoc
					                           TURKISH FAIR-PLAY PLATFORM




Dear President;

Please find below a memorandum, summarizing the violation of CAS, UEFA and FIFA
regulations and resolutions by Turkish Football Federations since July 2011.

                                             -I-

Starting from the police operation on July 2012 against the criminal group involved in
match fixing; Turkish Football Federations have created an environment, where match-
fixing activities have been fully tolerated.

The legal grounds of Article 59. of Turkish Constitution voted and approved by Turkish
Parliament states that “The distinctive structure of sports requires a fast management,
execution and disciplinary proceeding. Such speed is an absolute must for sport
competitions.”. Despite such provision at the level of Constitution; due to open political
pressure, Turkish Football Federations has refused to decide on match-fixing case for 10
months.

At paragraph 80 of its decision dated 18 January 2011 at Oleg Oriekhov v. UEFA case, the
CAS Panel states as follows: “It is therefore essential in the Panel’s view for sporting
regulators to demonstrate zero tolerance against all kinds of corruption and to impose
sanctions sufficient to serve as an effective deterrent to people who might otherwise be
tempted through greed or fear to consider involvement in such criminal activities.”.

However, over such 10 months of delay created by Turkish Football Federations, the
Disciplinary Regulations and Law no. 6222 on Match Fixing have been amended several
times so as to ensure that the match-fixing activities would not be penalised or penalised at a
minimum level which cannot create a deterrent.

In addition, the Disciplinary Committee members and Arbitration Panel members of Turkish
Football Federation -which are in charge of determining and applying the disciplinary
measures- have been totally removed and changed over such 10 months.




                                                                                             1
                          TURKISH FAIR-PLAY PLATFORM

                                           -II-

After 10 months of delay over which the legal and administrative basis governing the
disciplinary measures have been totally changed; the Disciplinary Committee and Arbitration
Panel announced their verdicts as to Fenerbahçe FC match-fixing case.

On May 2012, the new Disciplinary Committee and Arbitration Panel of Turkish
Football Federation resolved that Fenerbahçe FC has no direct or indirect relation with
match-fixing.

However on 2 July 2012, Turkish Criminal Court sentenced Fenerbahçe FC president, 2
vice presidents, board director, sportive director, legal counsel, financial officer and the
translator to imprisonment due to match-fixing and criminal organisation for match-
fixing:


                                                            Criminal Court Decision
           Name                     Position

                                                        Match-fixing at 7 matches and
                                                          establishing and leading a
                                  President of            criminal organisation for
       Aziz Yıldırım
                                 Fenerbahçe FC          match-fixing: Imprisonment of
                                                         6 years and 3 months; and
                                                        monetary fine of 950.000Euros

                                                         Match-fixing at 3 matches and
                                                             member of criminal
                               Vice President of         organisation for match-fixing:
     Şekip Mosturoğlu
                                Fenerbahçe FC              Imprisonment of 3 years 1
                                                            month and 14 days; and
                                                         monetary fine of 55.500Euros

                                                        Match-fixing at 5 matches and
                                                            member of criminal
                               Vice President of        organisation for match-fixing:
       İlhan Ekşioğlu
                                Fenerbahçe FC           Imprisonment of 4 years and 4
                                                          months and 15 days; and
                                                        monetary fine of 500.000Euros

                                                          Match-fixing at 1 match and
                                                              member of criminal
                                   Director at
                                                         organisation for match-fixing:
     Aleaddin Yıldırım           Fenerbahçe FC
                                                           Imprisonment of 2 years 7
                                     Board
                                                            months and 15 days; and
                                                         monetary fine of 75.000Euros.

       Ahmet Çelebi                Member of              Match-fixing at 1 match and



                                                                                          2
                       TURKISH FAIR-PLAY PLATFORM


                           Fenerbahçe FC            member of criminal
                                                organisation for match-fixing:
                                                  Imprisonment of 2 years 7
                                                           months.

                                                 Match-fixing at 1 match and
                                                    member of criminal
                             Member of          organisation for match-fixing:
     Ali Kıratlı
                           Fenerbahçe FC          Imprisonment of 3 years 1
                                                   month and 14 days; and
                                                monetary fine of 55.500Euros.

                                                Match-fixing at 3 matches and
                                                    member of criminal
                             Member of          organisation for match-fixing:
Bülent İbrahim İşçen
                           Fenerbahçe FC          Imprisonment of 3 years 7
                                                   months and 3 days; and
                                                monetary fine of 52.000Euros.

                                                Match-fixing at 3 matches and
                                                    member of criminal
                           Chief Financial
                                                organisation for match-fixing:
 Tamer Yelkovan              Officer of
                                                  Imprisonment of 2 years 9
                           Fenerbahçe FC
                                                months; and monetary fine of
                                                        27.700Euros.

                                                Match-fixing at 3 matches and
                                                    member of criminal
                          Legal Advisor of      organisation for match-fixing:
    Sami Dinç
                           Fenerbahçe FC          Imprisonment of 3 years 1
                                                   month and 14 days; and
                                                monetary fine of 55.500Euros.

                                                 Match-fixing at 1 match and
                                                    member of criminal
                         Sportive Director of   organisation for match-fixing:
   Cemil Turan
                           Fenerbahçe FC          Imprisonment of 2 years 2
                                                   months and 7 days; and
                                                 monetary fine of 8.600Euros.

                                                 Match-fixing at 1 match and
                                                     member of criminal
                            Translator of       organisation for match-fixing:
   Samet Güzel
                           Fenerbahçe FC        Imprisonment of 1 year and 15
                                                  days; and monetary fine of
                                                         2.500Euros.




                                                                                 3
                          TURKISH FAIR-PLAY PLATFORM

It is important to note that if Law no. 6222 on Match-Fixing had not been changed over 10
months starting from police operation dated 3 July 2011; the imprisonment sentences would
have been far more serious. For instance, before the amendment of the said Law, the
prosecutor’s original report was seeking an imprisonment from 49 years to 132 years for Aziz
Yıldırım (President of Fenerbahçe FC).

                                           -III-

Beşiktaş FC had been involved in match-fixing activities during the presidency of Mr.
Demirören. Mr. Demirören has been the president of Turkish Football Federations since
February 2012:

From 2004 to February 2012, Mr. Yıldırım Demirören has been the president of Beşiktaş FC.
On February 2012, the president of Beşiktaş FC, Mr. Yıldırım Demirören, has been appointed
as the president of Turkish Football Federation.

      Turkish Criminal Court decided that during Mr. Demirören’s presidency at
       Beşiktaş FC, the coach and vice-president of Beşiktaş FC have been involved in
       match-fixing activities: During Mr. Demirören’s presidency as Beşiktaş FC
       president, the coach of the football team was Tayfur Havutçu and the vice-president
       was Serdal Adalı. It is important to note that on July 2012, İstanbul 16.th Criminal
       Court imposed imprisonment and monetary fines against Tayfur Havutçu and Serdal
       Adalı, due to match-fixing at 2010-2011 football season. It is also noteworthy that,
       during 2010-2011 season, Mr. Yıldırım Demirören was the president of Beşiktaş FC.
       (For Tayfur Havutçu (coach) 1 year and 3 months imprisonment and approximately
       45,000Euros of monetary fine. For Serdal Adalı (vice-president) 1 year and 3 months
       of imprisonment and approximately 113,000Euros of monetary fine.)
      UEFA Appeals Body decided to exclude Beşiktaş FC from UEFA competitions,
       due to violation of UEFA Licensing and Fair Play Regulations, during Mr.
       Demirören’s presidency: In addition to the foregoing, during Mr. Yıldırım
       Demirören’s presidency, Beşiktaş FC has violated UEFA Club Licensing and
       Financial Fair Play Regulations, since Beşiktaş FC has misinformed UEFA. Therefore,
       on May 30, 2012; UEFA Appeals Body has decided to exclude Beşiktaş FC from next
       two UEFA club competitions for which it qualifies in the next five seasons.


                                               -IV-

The recent jurisprudence of CAS and UEFA shows and evidences how match-fixing activities
shall be treated and judged. It is noteworthy that both UEFA and CAS decided to imposed life
ban from any football related activities on Oleg Oriekhov, due to the mere fact that he should
have been informed UEFA when he was approached by the members of criminal group
intending to manipulate match results.



                                                                                            4
                          TURKISH FAIR-PLAY PLATFORM

At paragraph 73 of its decision dated 18 January 2011 at Oleg Oriekhov v. UEFA case, the
CAS Panel states: “It is accordingly not necessary for the Panel to make a final finding
on whether or not the Appellant actually manipulated the match played in Basel on 5
November 2009 (whose result was in fact consonant with the expectations of the
gamblers) or actually received any moneys for agreeing to manipulate it or for its
manipulation (if any). The offences are made out in any event.”

Furthermore CAS Panel states at paragraph 83 of the same resolution as follows:
“The whole match fixing scandal and in particular the allegation related to the
manipulation of the match in Basel caused a great and widely publicized damage to
the image of UEFA and of football in general, inevitably raising doubts about whether
match results are properly the product of footballers’ skills, or improperly the product
other illegal activities. In that context, the Appellant’s mitigation is inadequate to
displace the conclusions of three footballing bodies as to the appropriate penalty for
his misconduct.”

Despite such principle brought by UEFA and CAS; Turkish Football Federations is
tolerating match-fixing and not applying the disciplinary measures against
Fenerbahçe FC. Although Turkish Criminal Court states that the results of the
matches of Fenerbahçe FC are not the product of footballers’ skills, but the product of
illegal activities; Turkish Football Federations is favouring match-fixing and avoiding
any disciplinary measures.

                                            -V-
Considering the foregoing, we, Turkish Fair-Play Platform would like to inform you that:

   1. There are concerns as to the position of Mr. Demirören and any prospective pressure
      he may try to apply on UEFA Judicial and Disciplinary Authorities. Moreover, given
      the foregoing, the said UEFA authorities may be misled and misinformed by Turkish
      Football Federations.

   2. Turkish Football Federations have violated the main principles of law while applying
      its Disciplinary Regulations as to Fenerbahçe FC match-fixing case. The recent verdict
      of Turkish Criminal Court sentencing the Fenerbahçe FC president, 2 vice presidents,
      board director, sportive director, legal counsel, financial officer and the translator to
      imprisonment due to match-fixing proves that Turkish Football Federations is in
      violation of CAS, UEFA and FIFA regulations. UEFA and FIFA shall comply with
      the principles and provisions of their respective Disciplinary Regulations and
      immediately determine and apply appropriate disciplinary measures against
      Fenerbahçe FC. (FIFA Disciplinary Code art. 70/2; UEFA Statutes art. 2/II; UEFA
      Disciplinary Regulations articles 1/I, 4, 5(bis)/1-2(a))

   3. If the Disciplinary Regulations of Turkish Football Federations have been properly
      and duly applied, Fenerbahçe FC should have been relegated to a lower division. In
      such a case, Fenerbahçe FC would have never been qualified or eligible for UEFA


                                                                                             5
                          TURKISH FAIR-PLAY PLATFORM

       Champions League. However, as of 24.6.2012 UEFA officially announced that
       Fenerbahçe FC is eligible for Champions League. Such a resolution of UEFA is in
       breach of UEFA and FIFA Statues and Disciplinary Regulations; as well as CAS
       jurisprudence.

   4. It is important to note that UEFA and FIFA are in charge of protecting and
      safeguarding the interests of football association and stake holders thereof. Any
      criminal action, including match-fixing, with the effect of harming the values of
      modern football shall be penalised under “Zero Tolerance Policy”. By the same token;
      as of 18 January CAS Panel stated as follows: “It is therefore essential in the Panel’s
      view for sporting regulators to demonstrate zero tolerance against all kinds of
      corruption and to impose sanctions sufficient to serve as an effective deterrent to
      people who might otherwise be tempted through greed or fear to consider involvement
      in such criminal activities.”.

       However, neither UEFA nor FIFA has imposed any serious disciplinary sanction
       against Fenerbahçe FC for the last 1 year (since the operation of Turkish Police
       as of 3 July 2011). On the contrary, as of 24 June 2012; UEFA announced that
       Fenerbahçe FC was eligible for UEFA Champions League.

   5. Considering the facts of the Fenerbahçe FC match-fixing case and the volume of
      evidence available to UEFA and FIFA; it is obvious that both UEFA and FIFA are
      in gross negligence. Failure to penalise match-fixing activities in Turkish Football
      causes a widely publicized damage to European Football and any member of
      European Football and causing not only financial loss but also moral breakdown.

Therefore, we kindly request you to urge UEFA and FIFA to penalise Fenerbahçe FC which
                              was involved in match-fixing.

Both UEFA and FIFA are associations incorporated under Swiss Laws. In case that the UEFA
 and/or FIFA Disciplinary Committee or other judicial authorities fail to apply the necessary
          measures against Fenerbahçe FC -which was involved in match-fixing-;


            WE WILL NOT HESITATE AND SHALL FILE LAWSUITS BEFORE
           SWISS CRIMINAL AND CIVIL COURTS AGAINST THE MEMBERS OF
               UEFA AND FIFA DISCIPLINARY COMMITTEE AND OTHER
                             JUDICIAL AUTHORITIES.


                                                 TURKISH FAIR-PLAY PLATFORM

                                                                                  16,07,2012




                                                                                            6
 6

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:5
posted:9/15/2012
language:English
pages:6