9 Temmuz 2014 Çarşamba

17 Temmuz UEFA kararı öncesi son uyarı maili

Mailin Konu Kısmına: 'Is UEFA part of match fixing scandal?' yazalım

Yeni mailde de CAS kararları, yeniden yargılama, şike süreci boyunca yaşananlar, alınan kararlar ve talimatnameler uyarınca UEFA'ya görevini yapması konusunda uyarıda bulunuyor ve bunu Avrupa'daki ilgili bütün kişi ve kurumlara gönderiyoruz.

UEFA'nın ceza vermesine rağmen fenerbahçe'yi koruduğunun CAS gerekçeli kararıyla ortaya çıktığından, RTE'nin yeniden yargılama sözünü tutarak 13. ACM'ne yeniden yargılama kararı çıkartıp aziz yıldırım'ı kurtarma çalıştığından, Disiplin talimatnamelerinde yer alan kurallar gereği fenerbahçe başta olmak üzere şike yapan bütün takımların düşürülmez zorunda olduğundan ve 17 Temmuz öncesi gözümüzün UEFA'nın üzerinde olduğundan bahsediyoruz.

Ayrıca yeni eklediğimiz bölümle, yargı ve tüm kurullarda aklanmış olan Trabzonspor'un şike hükümlüsü fenerbahçe tarafından hiç bir yeni delil olmamasına rağmen şikayet edilmesi ve bu şikayetin UEFA tarafından işleme konulmuş olmasının art niyetli ve kabul edilemez bir davranış olduğunu da belirtiyoruz.

Ayrıca bu maile UEFA ve CAS'taki davalarda yer alan bütün avukatların, hakemlerin ve raportörlerin de maillerini ekledik. Böylece bu davayla yakından uzaktan, doğrudan ya da dolaylı ilgili olan herkese ulaşmış olacağız.

Dear All;

After reading the CAS award regarding Fenerbahce SK case, millions in Turkey have no doubt that UEFA is part of this corruption too. UEFA, not only protected Fenerbahce SK from heavier sanction by not judging them from match fixing offence, but also prevented CAS to inrease the sanction by not filing in an idependent apeal against the Appealed Decision. (See CAS Award below for details)

575. In practise, this spectrum would mean that a "standard" match-fixing offence would, in principle, have to be sanctioned with a two-year period of ineligibility. In case of particularly serious match-fixing offences a higher sanction would have to be imposed and in case of mitigating circumstances the standard two-year period of ineligibility would have to be reduced.

576. In light of this spectrum of sanctions and considering that the match-fixing attempts initiated by Fenerbahce's officials were particularly serious in comparison with previous match-fixing cases, the Panel has no doubt to determine that a sanction from the higher region of this spectrum is warranted. The Panel thereby specifically considers the fact that Fenerbahce officials attempted to fix four matches, that multiple high-ranked Fenerbahce officials were involved in the match-fixing scheme and that the match-fixing operations were conducted and orchestrated from the top administrative level of the club.

577. However, as UEFA did not file an independent appeal against the Appealed Decision, the Panel finds that it is limited in its discretion to sanction Fenerbahce as it deems fit because it cannot go beyond the sanction imposed by the UEFA Appeals Body. This would constitute a ruling ultra petita. As such, the Panel cannot impose a higher sanction than a two-year period of ineligibility (in addition to the period of ineligibility already served through the equivalent of the "administrative measure") in the present appeals arbitration proceedings.

On the other hand UEFA accepted  Fenerbahce SK's complaint regarding Trabzonspor straight after lauching an investigation on Fenerbahce SK even though Trabzonspor was cleared off all charges at court, at Ethical Committee reports and at Professional Discipline Committee trials… An application from a convicted match fixing criminal, such as Fenerbahce SK, should had been declined by UEFA, but UEFA chose to take this appliction in to account, probably to justify their wrong doings in penalising Fenerbahce SK with minimum sanction, rather than a heavier one as CAS stated in its award. We see this as a threat to Trabzonspor for defendeing their rights.

In the light of this threat, we would like to inform UEFA officails once more that, we are aware of the relations and the talks between Turkish Prime Minister, UEFA’s president Mr. Michel Platini and UEFA vice-president Şenes Erzik, which changed Mr. Platini’s approach to the case dramatically. Sponsorship of Fenerbahce vice-president’s bank to UEFA during the process and meeting took place in Cyprus between Platini and people from Fenerbahce SK board are other key factors that changed Platini’s, hence UEFA’s approach to this case too…

Another milestone to this case was the meeting between former presidents of Turkish Football Federation (TFF) and Mr. Platini took place in Cyprus. Mehmet Ali Aydınlar, former TFF president, told press that he had a chance to convince Mr. Platini for point deduction rather than relegation at this meeting.

UEFA also helped Turkish Authorities keep match fixers in football by not revealing sanctions of individuals. It has been over a year and UEFA is yet to reach a verdict regarding individuals, where UEFA declared that the verdicts were to be announced as soon as possible over a year ago.

With UEFA's help Turkish Authorities kept Aziz Yıldırım outside the prision and with Turkish PM's order a speacially picked court decided for a re-trial with no grounds. It was no surprise for Turkish people that a retrial was decided by the new assigned court, as Turkish PM promised a retrial to Aziz Yıldırım on the 22nd of January 2014, straight after Supreme Court certified his penalty on the 17th of January 2014.

Before expressing the expectations of millions in Turkey and all over the world fron UEFA on the 17th of July 2014 to be announced, let’s have a look at some clauses of the Resolution signed between UEFA and the National Federations in Astana in 27.03.2014. which will give us an indication for our request;

Article - 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.

Article - 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.

According to Swiss Law, UEFA Board Members and UEFA Appeals Body Members are committing a crime by misusing their duties and we reserve the right to take this issue to Swiss Courts in further due.


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