The eagerly awaited dispute decision in the case of Fenerbahçe.

12.06.2025 17:11

The third hearing of the compensation lawsuit filed by Fenerbahçe against the Ministry of Interior took place. In the lawsuit, which seeks to compensate for the damages suffered by the yellow-navy blue team during the match-fixing conspiracy that began in 2011, the court ruled that it lacked jurisdiction. The decision was made by a majority vote, and the case has been sent to the Court of Disputes.

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The third hearing of the compensation lawsuit filed by Fenerbahçe against the Ministry of Interior was held at the Istanbul Anatolian Courthouse.

APPROXIMATELY 1.8 BILLION TL COMPENSATION LAWSUIT

Fenerbahçe Sports Club filed a lawsuit against the Ministry of Finance and the Ministry of Interior on July 3, 2011, to compensate for the damages incurred during the match-fixing conspiracy process, demanding 100 million TL in moral damages and 43 million Euros (approximately 1 billion 756 million TL at the time of filing) in material compensation. The lawsuit emphasized that the club is one of the oldest and largest sports clubs in Turkey with a significant fan base, stating that it suffered material and moral losses due to the events of July 3, resulting in irreparable damage. Fenerbahçe's lawyers, Av. Hüseyin Karaahmetoğlu, Av. Erden Gürden, Av. Güryay Bingöl, and Av. Orkun Özkan, attended the hearing along with the defendant's representative, Av. Fatma Neslihan Damak.

FILE SENT TO THE CONFLICT COURT

The court decided to send the file to the Conflict Court by a majority vote of 2 to 1, declaring a lack of jurisdiction. However, the presiding judge noted a dissenting opinion on the decision. The president stated that it had previously been determined that the court conducting the trial was competent, referencing the interim decision dated July 18, 2024, and the Conflict Court's decision dated April 11, 2016, and therefore did not agree with the lack of jurisdiction decision.

STATEMENT FROM FENERBAHÇE'S LAWYERS

Fenerbahçe Board Members responsible for Legal Affairs, Fethi Pekin and Alper Alpoğlu, connected via phone to Fenerbahçe Television and made statements regarding the case.

'THE CASE WAS NOT REJECTED, IT WENT TO THE CONFLICT COURT DUE TO LACK OF JURISDICTION'

Board Member Fethi Pekin, who provided information about the lawsuit process and the decisions made today, said, 'First, let's go back to the beginning. We filed this lawsuit in 2021 at the Administrative Court. We were legally confident that the jurisdiction was with the Administrative Court. That process lasted about three years. Most recently, the Council of State ruled last year with 3 affirmative votes and 2 dissenting votes that it was incompetent. The essence of the case was not examined. In the same decision, it ruled that the Heavy Criminal Courts would be competent. Accordingly, we prepared and filed our case in the Heavy Criminal Court as soon as the decision was made. This is a precedent and a judicial decision.

In the first hearing at the 6th Heavy Criminal Court, there was a very positive development towards the end of last year. An expert committee was appointed. The expert committee consisted of three people. Two of them were sworn financial advisors, and their assigned task was to calculate the damages suffered by Fenerbahçe. Through on-site examination... All records, ticketing data, and system data of our club were examined. The expert report did not arrive in time for our second hearing. The experts requested additional time before the second hearing. Then, before today's hearing, the expert report was submitted to the file between the second and third hearings. In summary, what did the expert report say? Two sworn financial advisors calculated the damages assigned to them and included it in the report. There is also a designated expert, a Professor of Criminal Law. Although he was not assigned, he stated in his report that many of his arguments overlapped with ours and declared 'incompetent' to the Heavy Criminal Court. The Heavy Criminal Court stated in its first hearing that 'I am competent.' Therefore, it appointed an expert. If it thought it was incompetent, it would have said 'I am incompetent' in the first hearing.

Today, despite the dissenting opinion of the head of the panel, Fenerbahçe's case was sent to the Conflict Court regarding lack of jurisdiction with the votes of two members. Now, false information is circulating in the media and social media. Fenerbahçe's case was not rejected. Let me tell you what happened.

Since 2021, are we going to go there or here? Which one is competent? Now we will go to the Conflict Court. Will it say the Family Court is competent? It will return again. It will say the Administrative Court or the Criminal Court is competent. There is no third court. How long will that take? At least two years. What if one of the parties appeals this first-degree decision? It will be appealed before even going to the Conflict Court. It will go all the way to the Court of Cassation. That’s at least three years. After that, the Conflict Court will take another two or three years.

'SHAME ON YOU, THIS IS A LEGAL ABERRATION'

In the lawsuit we filed in 2021, it will likely take more than 10 years to understand which court is competent. Shame on us. This is a legal aberration, I say.

Unfortunately, this is not due to anything from that panel; I know firsthand that there has been a lot of influence on this file. I hope those who exert this pressure can sleep comfortably when they lay their heads on their pillows, but justice will prevail one day. Perhaps I will not be alive, but that day will come. Enough is enough. The expert report clearly states the financial damages suffered by Fenerbahçe, as written by two sworn financial advisors. 43 million Euros + 100 million TL. And add interest on top of that. But we are bouncing from one court to another... Is Fenerbahçe not a victim? Did Fenerbahçe not suffer damage? I respond with regret.

Mr. Alper was also in the courtroom with me. Our four lawyers represented Fenerbahçe very well. We have a very meticulous legal strategy that has been developed from start to finish. This continues, but these obstacles, if you ask me, are against the law. Results created by pressure. By perception. Now I also look at social media. 'Fenerbahçe's case was rejected.' Almost a lie. Fenerbahçe's case was not rejected. Those who write that should be ashamed.

'THE ONLY COMMUNITY STANDING FIRM AGAINST THE COUP ATTEMPT IS FENERBAHÇE'

The only community that stood firm against the coup attempt is the Fenerbahçe community. Shame on us. I do not say it is outside the law; I say it is an aberration. It is within the law. There is a court decision. We all need to respect it. It is a legal aberration.

There is a three-person expert committee. Two are sworn financial advisors. They have calculated the damages. One is a Professor of Criminal Law who, despite not being assigned, stated in his report that the court is incompetent. The prosecutor also stated in his opinion that 'the court is incompetent.' They took a two-minute break and returned. With the dissenting opinion of the president and the votes of the other two members, our case went to the Conflict Court due to lack of jurisdiction. The case was not rejected, the case was not lost. Everyone should keep that in mind. If anyone can say 'Fenerbahçe was not a victim, Fenerbahçe committed match-fixing,' let them come on television with their knowledge and documents. There are court decisions. There are finalized acquittal decisions for Mr. Aziz Yıldırım and his friends. There are finalized decisions of hundreds of years against police officers who are members of FETÖ.

Many of them are also on the run," he said.

'NO MATTER WHERE THE PROCESS GOES, FENERBAHÇE WILL ENSURE COMPENSATION FOR ITS DAMAGES'

Board Member Alper Alpoğlu also stated, "It is not possible to completely disagree with everything that Fethi Bey said. A legal absurdity occurred today. I just want to add this: how can so many coincidences come together? I want to discuss that. We filed a lawsuit against the Football Federation in 2021 as well. After 9 hearings in Ankara, the case was sent to an unrelated place due to lack of jurisdiction. It was sent to the Sports Ministry's Arbitration Board. It will be overturned and come back, then go again, and come back again. It has been 5-6 years, and still, no decision has been made on where the case will be heard. The point that saddens me is that our July 3 lawsuits are the red lines of our community. This is a process that we all need to be united in. I do not even want to think that some of them consider themselves members of our community. Today, while writing here that the case has been lost through perception manipulation, I want to say that I feel sorry for those who manipulate social media, even though they know this is not the case. We have not lost any case, but if we count the July 3 process since 2011, the process we have experienced for 14-15 years is still ongoing. Nothing has changed. While we are trying to assert our rights here, the process is being prolonged. I have been practicing law for 20 years. I have never encountered consecutive decisions from the Dispute Court. I find this process very strange, but no matter how much they prolong it, wherever the process goes, sooner or later, Fenerbahçe Sports Club will ensure compensation for the damages it has suffered. There is no monetary equivalent for moral damages. We leave that to the conscience of the public." he concluded his remarks.