Communicated on 6 February 2018
SECOND SECTION
Application no. 30226/10
Ömer Kerim ALI RIZA
against Turkey
lodged on 20 April 2010
SUBJECT MATTER OF THE CASE
The application concerns the dispute between the applicant, a professional football player at the material time, and Trabzonspor, his former football club in Turkey and the ensuing proceedings before the Turkish Football Federation. The applicant lodged a claim with the Dispute Resolution Board of the Turkish Football Federation (“the Dispute Resolution Board”), which had then exclusive jurisdiction over the dispute. Holding that the applicant had wrongfully terminated his contract, the Dispute Resolution Board ordered him to pay damages to Trabzonspor and suspended him for four months. The applicant appealed against the Dispute Resolution Board’s decision to the Arbitration Board of the Turkish Football Federation (“the Arbitration Board”). The Arbitration Board partially upheld the decision. It reduced the amount of damages awarded to Trabzonspor and lifted the suspension sanction imposed on the applicant by the Dispute Resolution Board. The Arbitration Board’s decision was final and not subject to judicial review before domestic courts under the relevant legislation in force at the time of the decision. The applicant also initiated separate proceedings before the public prosecutor’s office and the Professional Football Disciplinary Board of the Turkish Football Federation, but without success.
The applicant complains that he did not receive a fair hearing by an independent and impartial tribunal as required by Article 6 § 1 of the Convention. He argues that the representatives of professional football clubs heavily weigh in the composition of the Board of Executives of the Turkish Football Federation, which appoint the members of the Arbitration Board and therefore the Arbitration Board is biased in its decisions concerning disputes between players and clubs.
QUESTIONS tO THE PARTIES
1. Was Article 6 applicable to the proceedings before the Turkish Football Federation concerning the applicant’s dispute with his former club?
2. If so, did the proceedings in issue satisfy the requirements of independence and impartiality in accordance with Article 6 § 1 of the Convention regard being had to the manner in which the members of the Arbitration Board are appointed?
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