26.02.2025 11:20
The 0-0 draw in the Galatasaray-Fenerbahçe derby has been taken to a legal level. Jose Mourinho's statement, "Everyone on the opposing bench was jumping around like monkeys," has sparked significant controversy over allegations of racism. Galatasaray has announced that it will appeal to UEFA and FIFA due to Mourinho's remarks, while legal experts have stated that this situation should only be considered as an insult.
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The 0-0 draw in the Galatasaray-Fenerbahçe derby has been taken to a legal ground. Fenerbahçe's head coach Jose Mourinho's statements during the press conference, indicating that he would go to court, UEFA, and FIFA due to Galatasaray's reaction and "racism" claims, suddenly shifted the derby discussion to a legal context. So, what do those who ponder sports law think about this?
Emin Özkurt (CAS and Euroleague Arbitration Judge)
It is necessary to look at the incident from both a sporting and a judicial perspective. The real question is; will Mourinho's statements be judged under Article 41 or Article 42? That is, is it an insult or discrimination? The coach's expression is not directed at an individual but is aimed at the objections of those on the bench... A comparison was made here, which is unacceptable. However, I believe this constitutes an insult. Mourinho's statement should find a fair and measured response... In judicial law, Articles 122 and 125 address issues of hate, discrimination, and insult. Here, I think hate should be directed at a specific person. Therefore, I believe there is an insult here as well. However, different results can emerge from football law and judicial law.
It should also be noted that Galatasaray does not have the right to apply as a club. Because the victims of the crime are real individuals. Additionally, applications to UEFA and FIFA are also unacceptable. The match played is in the Süper Lig, and the teams involved are two Turkish teams... Therefore, TFF regulations are valid. These rules are already in parallel with FIFA and UEFA's regulations.
CANNOT BE CONSIDERED RACISM
Alpay Köse (President of the Sports Law Institute)
The authority to evaluate whether Mourinho's statements constitute any criminal element lies with the Turkish Football Federation. If it is deemed that the statement violates TFF's disciplinary regulations, the Fenerbahçe head coach will be referred to the disciplinary board. In other words, this issue is outside the jurisdiction and authority of UEFA or FIFA. Of course, if a criminal complaint is made, the Istanbul prosecutor's office can also conduct an investigation.
It is clear that the actions of Galatasaray's bench were compared to a monkey, but my personal opinion is that this comparison cannot be classified as racism... Because there is no statement targeting a black player. However, it can be assessed as an insult. I believe Mourinho's statement is absolutely unacceptable and should be punished.
ARTICLE 41 ATTACK ON PERSONAL RIGHTS, INSULT, THREAT, AND SPITTING:
Those who insult, curse, threaten, or attack personal rights in any way against TFF or its members, match officials, players, managers, or other relevant clubs and individuals, or carry out these actions through media and social media; may face a ban from the locker room and bench for 2 to 5 matches, or if the actions are directed at match officials, a ban of 3 to 7 matches, or a penalty of 21 to 50 days of deprivation of rights, and depending on the severity of the act, a fine ranging from 50,000 TL to 500,000 TL may be imposed.
ARTICLE 42 DISCRIMINATION AND IDEOLOGICAL PROPAGANDA:
Those who engage in discrimination based on race, language, religion, or ethnic origin, or in any way that undermines human dignity, may face a ban from the locker room and bench for 4 to 8 matches, or a penalty of deprivation of rights for 30 to 60 days.
MALICIOUS AND MANIPULATIVE
Fenerbahçe stated that a statement made by head coach Jose Mourinho at the end of the match was maliciously distorted, completely taken out of context. In the statement, "We will use our legal rights regarding this pathetic accusation aimed at taking the competition off the field, changing the agenda, and manipulating it."
MOURINHO AND BURUK REFERRED TO DISCIPLINE
The TFF Professional Football Disciplinary Board referred Fenerbahçe head coach Jose Mourinho with precaution, while Galatasaray head coach Okan Buruk and Mauro Icardi were referred without precaution to the Disciplinary Board.
Mourinho, who called the fourth official Kadir Sağlam "coward," was referred to the PFDK with precaution due to his "unsportsmanlike conduct" under Article 36 of the Football Disciplinary Regulations, and for the "insult" mentioned in his statements during the press conference under Article 41 of the Football Disciplinary Regulations.
Okan Buruk was sent to the PFDK without precaution due to the "statements aimed at undermining the reputation of football" mentioned in his statements during the press conference under Article 38 of the Football Disciplinary Regulations. Mauro Icardi also went to the Disciplinary Board due to "actions contrary to the regulations."
UEFA'S CAMPAIGN FACE
Fenerbahçe head coach Jose Mourinho was one of the faces in UEFA's anti-racism and anti-discrimination campaigns in the past. The Portuguese coach, who was featured in the documentary titled Outraged, which aims to find ways to eliminate discrimination issues in football, had his speech published on UEFA's official site.
In the anti-discrimination UEFA documentary, Mourinho mentioned Salah in the 'Islamophobia' section, stating, "Liverpool fans feel a connection with an Egyptian and Muslim player as one of their own." Mourinho is also an ambassador for the UN World Food Program (WFP) and has donated over 1.5 million euros to the African continent throughout his career.
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