27 Mayıs 2014 Salı

CAS Kararlarının Yargıya Taşınma Şartları

Aşağıdaki metin CAS'ın resmi sitesinden alınmıştır;

İlgili Link: http://www.tas-cas.org/en/20questions.asp/4-3-231-1010-4-1-1/5-0-1010-13-0-0/

IS IT POSSIBLE TO APPEAL AGAINST A CAS AWARD ?

Judicial recourse to the Swiss Federal Tribunal is allowed on a very limited number of grounds, such as lack of jurisdiction, violation of elementary procedural rules (e.g. violation of the right to a fair hearing) or incompatibility with public policy.

Tercümesi:

CAS Kararını Temyiz Etmek Mümkün müdür?

CAS kararının İsviçre Federal Mahkemesi'ne taşınabilmesi koşulları sınırlıdır;

1) Yetkisizlik: fb, UEFA davasını CAS'a taşıyarak CAS'ın yetkili olduğunu baştan kabul etti. Dolayısıyla bu madde ihlal edilmemiştir.

2) Temel Prosedürel Kuralların İhlali: Örnek: (Adil yargılama hakkının ihlali): fenerbahçe Kulübü davada kendi seçmiş olduğu hakem tarafından temsil edilmiş ve kendi hakemiyle UEFA hakeminin mutabık kaldığı bir baş hakem seçilerek karar verecek ekip oluşturuldu.

fenerbahçe Kulübü davada savunma hakkını kullandı ve savunma hazırlaması için de gerekli süre tanındı. Dolayısıyla bu madde de ihlal edilmemiştir.

3) Kamu Çıkarına Uyumsuzluk : Alınan kararın kamu aleyhine oluşan hiç bir sonucu yoktur. Dolayısıyla bu madde de ihlal edilmemiştir.

SONUÇ:

Bu maddelerden hareket ederek davada her hangi bir ihlal olmadığı ve fenerbahçe'nin CAS kararını İsviçre Federal Mahkemesi'ne taşıma şartlarının da oluşmadığı görülmektedir.

Bundan önce yaptığı bütün başvurulardan red cevabı alan fenerbahçe'nin İsviçre Federal Mahkemesi'nden de red cevabı alması kaçınılmazdır.

25 Mayıs 2014 Pazar

Sivasspor FC's Involvement in Match Fixing at Precidency Level

Photos of match fixing aggreements from Police reports : · Photos 1-2-3 : Evidence of match fixing deal between Fenerbahce FC and Sivasspor FC at board level for the last game of the season that Fenerbahce FC won 3-4 at Sivas.

As a result of the match fixing arrangement pictured above following are sentenced to imprisonment by court:

Mecnun Odyakmaz (Sivas FC-President) was sentenced to imprisonment for 1 year and 6 months and 22 days for match fixing in Fenerbahce FC match against Sivasspor FC. That Fenerbahce FC won 4-3 at the last game of the season and won the championship.
Ahmet Çelebi ( Sivas FC vive-president) was sentenced to imprisonment for Sivas FC- Fenerbahce SK and Istanbul BB - Fenerbahce SK matches.
Korcan Çelikay (Sivasspor FC goal keper) – 1 year and 3 months imprisonment for fixing match for benefit of Fenerbahce FC at the match that his team lost 4-3 at the last game of the season on 22.05.2011.
Mehmet Yıldız (Sivasspor FC player) - 1 year and 3 months imprisonment for fixing match for benefit of Fenerbahce FC at the match that his team lost 4-3 at the last game of the season on 22.05.2011.

Telephone coversation between Yusuf Turanlı and Korcan Çelikay on 17.05.2011 ( Before Sivasspor FC – Fenerbahce FC game)

KÇ : I, only you know, if there will be a chance to play

YT : Know this

KÇ : Looks like we will climb another stair,

YT : I hope so.

KÇ : I hope so brother.

YT : What are you doing? Are you at the facilities ( meaning trainig ground or club centre).

KÇ : Fine, there is no problem.

YT : OK

KÇ : How are you brother?

YT : As I told you

KÇ : Hı ( sound to express I see, OK)

YT : As I told you, Look ( he loughs) relax, you think of the operation, the operation

KÇ : Yes brother, I am thinking of the operation

YT : Ok, Ok. We will finish th operation and then you will have a holiday

KÇ : It is not that easy brother, Let there be a pay icrease, pay increase

YT : Pay increase? Great, great. You relax, relax, Don’t worry about the rest. Money. I love you.

KÇ : Thank you.

YT : Are you going to be here on Monday?

KÇ : No brother. I am thinking of going to Kayseri directly without coming here.

YT : So, Who should I talk to here, to your brother?

KÇ : You brother… You don’t need to talk to anyone. Why are you gonna talk to anyone?

YT : Should I wait for you then?

KÇ : … we will talk when I come back brother

YT : Ok, how long are you going tos tay there?

KÇ : I will come back after couple of days stay.

YT : Ok, I will get the present Sunday noon, Ok?

KÇ : It doesn’t matter brother. It is not too important whether is stays with you or with me.

YT : You are the man, you are the man. I kiss you. Take care of yourself.

KÇ : Ok, I’ll see you later.

YT : Ok, my dear, Bye bye.

KÇ : Bye bye.

The persons sentenced for match fixing by court regarding Sivasspor FC-Fenerbahce FC game are;

· Aziz Yıldırım ( Fenerbahce FC-President )

· Mecnun Odyakmaz ( Sivasspor FC-President )

· İlhan Yüksel Ekşioğlu ( Fenerbahce FC-Vice President )

· Abdullah Başak (Agent )

· Ahmet Çelebi (Sivasspor FC board member and Fenerbahce FC congress member )

· Ali Kıratlı (Member of Fenerbahçe FC )

· Bülent İbrahim İşcen (Member of Fenerbahçe FC )

· Fatih Akbaba ( Agent)

· Korcan Çelikay ( Sivasspor FC-goal Keeper )

· İlhan Çelikay ( Korcan Çelikay’s brother )

· Mehmet Yıldız ( Sivasspor FC-player )

· Tamer Yelkovan (Fenerbahce SK-Finance Department Manager)

· Yusuf Turanlı (Agent)

As seen in limited information shared above Sivas FC is involved in match fixing crime at presidency level and thefore must be banned from European Competitions for breaching Article 2.07.g) of the 2014 UEFA Europa League regulations.

23 Mayıs 2014 Cuma

Why is UEFA Protecting Match Fixers of Turkey?

UEFA's Obligations Regarding Turkish Match Fixing Case

To:

Michel Platini, Gianni Infantino, Şenes Erzik, Ángel María Villar Llona, Marios N Lefkaritis,Giancarlo Abete, Grigoriy Surkis, Karen Espelund, David Gill, Allan Hansen, Avraham Luzon,Wolfgang Niersbach, Michael van Praag, Sergey Fursenko, Peter Gilliéron, František Laurinec,Borislav Mihaylov, Mircea Sandu

UEFA launched a new disciplinary proceedings against Turkish teams Eskişehirspor and Sivasspor as a result of their involvement in match fixing activities of Fenerbahce SK during 2010-2011 season.

Although it is clearly stated in Turkish Football Federation’s (TFF) and UEFA’s Disciplinary Regulations that all teams involved in match fixing MUST BE RELEGATED, 3rd season running they competed in a league they were not supposed to be, thanks to TFF and UEFA.

UEFA banned teams from European competitions, but it is unacceptable for football World that UEFA failed to make sure TFF relegated these teams.

We would like to remind you once again that; UEFA is obliged to make sure all federations obey rules and regulations of UEFA stated in its Statutes and Disciplinary Regulations.

Therefore;

We demand UEFA to apply all sanctions to teams involved in match fixing and prove that ‘Zero Tolerance’ is not a big lie.

Below are the articles and codes froms Statutes and Disciplinary Regulationsof UEFA and TFF;

According to the Turkish Football Federation Status Article 2/f ;

Turkish Football Federation has to obey the verdicts of UEFA and FIFA and make sure all parties, such as; clubs, players, managers, etc, obey these verdicts too

According to the Turkish Football Federation Disciplinary Code 55/1(b) ;

Teams, whose board members are involved in match fixing or bribery, must be relegated to a lower division

According to the UEFA Statutes (Edition 2012) ;

Obligations of Member Associations Article 7bis:

(1) [Fair Play, Statutes, Laws of the Game]:

Member Associations shall have the following obligations:
a) to observe the principles of loyalty, integrity and sportsmanship in accordance with the principles of fair play; Member Associations shall include these obligations in their statutes, as well as a provision that leagues, clubs, players and officials shall observe these obligations.

Withdrawal and Termination of Membership, Exclusion,

Dissolution of a Member Association

Article 8/ 3

A Member Association may be excluded from UEFA if it has:

b) seriously breached these Statutes or a regulation or decision made under them;

Suspension

Article 9

1) If, in the opinion of the Executive Committee, a Member Association has committed a serious breach of these Statutes or regulations or decisions made under them, the Executive Committee shall be entitled to suspend the membership of the Member Association with immediate effect.

AND ALSO…

According to the Resolution signed by UEFA and its Federations in Astana;

5. Pursuant to their own Regulations and practice and subject to the application of national law, to:

f) ensure that, in addition to individuals, clubs are also held responsible and sanctioned in circumstances where those with authority to act on behalf of the club are involved in match-ﬁxing, attempted match-ﬁxing, or any other form of corruption linked to match-ﬁxing;

g) exclude match-ﬁxing, attempted match-ﬁxing, and any other form of corruption linked to match-ﬁxing from any kind of statute of limitations.

10. All member associations of UEFA re-afﬁrm that match-ﬁxing, attempted match-ﬁxing or other forms of corruption linked to match-ﬁxing must be met with strong and sporting sanctions, such as the possibility of lifetime bans for ofﬁcials, players, coaches or referees, and measures such as the deduction of points and/or relegation and/or exclusion from competition for clubs.

22 Mayıs 2014 Perşembe

UEFA'ya Yeni Mail: Talimatları Uygula ve Şikecileri Düşür

Değerli Adalet Mücadelecileri;

Bildiğiniz üzere UEFA, 21.05.2014 itibari ile 2010-2011 sezonunda şikeye karıştıkları gerekçesi ile Eskişehirspor ve Sivasspor hakkında disiplin soruşturması başlattı.

Bundan önceki disiplin soruşturmaları sonucu şike suçu sabit görülen fenerbahçe ve beşiktaş Avrupa kupalarından men edilmişti ve muhtemelen bu iki takımın da akıbeti aynı olacak ama bu bizim için yeterli değil.

TFF ve UEFA talimatnameleri gereği bu takımların kümedüşürülmesi gerekmektedir ve bizler de UEFA'ya gerekli maddeleri hatırlatıp görevini tam ve eksiksiz yapmasını istiyoruz.

Mailin Konu Kısmına: 'UEFA must apply all sanctions to teams involved in match fixing' yazıyoruz

To:

Michel Platini, Gianni Infantino, Şenes Erzik, Ángel María Villar Llona, Marios N Lefkaritis, Giancarlo Abete, Grigoriy Surkis, Karen Espelund, David Gill, Allan Hansen, Avraham Luzon, Wolfgang Niersbach, Michael van Praag, Sergey Fursenko, Peter Gilliéron, František Laurinec, Borislav Mihaylov, Mircea Sandu

UEFA launched a new disciplinary proceedings against Turkish teams Eskişehirspor and Sivasspor as a result of their involvement in match fixing activities of Fenerbahce SK during 2010-2011 season.

UEFA banned teams from European competitions, but it is unacceptable for football World that UEFA failed to make sure TFF relegated these teams.

We would like to remind you once again that; UEFA is obliged to make sure all federations obey rules and regulations of UEFA stated in its Statutes and Disciplinary Regulations.

Therefore;

We demand UEFA to apply all sanctions to teams involved in match fixing and prove that ‘Zero Tolerance’ is not a big lie.

Below are the articles and codes froms Statutes and Disciplinary Regulationsof UEFA and TFF;

According to the Turkish Football Federation Status Article 2/f ;
Turkish Football Federation has to obey the verdicts of UEFA and FIFA and make sure all parties, such as; clubs, players, managers, etc, obey these verdicts too

According to the Turkish Football Federation Disciplinary Code 55/1(b) ;
Teams, whose board members are involved in match fixing or bribery, must be relegated to a lower division

According to the UEFA Statutes (Edition 2012) ;
Obligations of Member Associations Article 7bis:
(1) [Fair Play, Statutes, Laws of the Game]:
Member Associations shall have the following obligations:
a) to observe the principles of loyalty, integrity and sportsmanship in accordance with the principles of fair play;
Member Associations shall include these obligations in their statutes, as well as a provision that leagues, clubs, players and officials shall observe these obligations.

Withdrawal and Termination of Membership, Exclusion,

Dissolution of a Member Association

Article 8/ 3 A Member Association may be excluded from UEFA if it has:

b) seriously breached these Statutes or a regulation or decision made under them;

Suspension

Article 9

1 If, in the opinion of the Executive Committee, a Member

Associa tion has committed a serious breach of these Statutes or regulations or decisions made under them, the Executive Committee shall be entitled to suspend the membership of theMember Association with immediate effect.

AND ALSO…