Ekşioğlu & Mosturoğlu v. Turkey: ECtHR Judgment
This page contains our Turkish translation of the judgment. The judgment was delivered in English; readers of the English and German versions of this site are therefore referred to the official text on HUDOC. A short summary is provided below.
Summary
In its judgment of 15 June 2021 in Ekşioğlu and Mosturoğlu v. Turkey (applications nos. 2006/13 and 10857/13), the European Court of Human Rights (Second Section, sitting as a Committee) examined disciplinary proceedings brought by the Turkish Football Federation (TFF) against two former club executives on charges of influencing match results.
- Applicability of Article 6: The Court found that Article 6 § 1 applied under its civil limb, since the applicants’ right to continue serving as club executives was at stake. It also held that Article 6 § 2 was applicable, given the very close link between the disciplinary and criminal proceedings, which were based on the same telephone intercepts.
- Independence and impartiality of the TFF Arbitration Board (Article 6 § 1): Following its earlier findings in Ali Rıza and Others v. Turkey, the Court held that the TFF Arbitration Board could not be regarded as an independent and impartial tribunal, and found a violation of Article 6 § 1. It considered it unnecessary to examine the remaining complaints under Article 6 §§ 1 and 2 separately.
- Use of telephone intercepts (Article 8): Relying on Karabeyoğlu v. Turkey, the Court held that the use, in disciplinary proceedings, of telephone recordings obtained solely for a criminal investigation into the offence of establishing a criminal organisation had no basis in domestic law, and found a violation of Article 8.
- Just satisfaction: The Court awarded the second applicant EUR 6,000 in respect of non-pecuniary damage.
Official text: HUDOC – Ekşioğlu and Mosturoğlu v. Turkey