-Demiral's 2-match suspension was imposed especially under pressure of German public opinio

By Dr. Abdullah Musab Sahin

- The author is a lawyer and holds a PhD.

ISTANBUL 

Türkiye defeated Austria 2-1 in the 2024 European Championship (EURO 2024). The star of the match was Merih Demiral who scored two goals against Austria. Demiral's grey wolf sign after his goals created an attack opportunity for people who are against Türkiye and have prejudices about Türkiye. It was seen that the Austrian and especially the German press tried to take this sign beyond its original meaning. Likewise, the media in the Netherlands, the next opponent, thinks that Türkiye should be penalized for this sign. And it was seen that even illogical ideas were put forward that the next match between Türkiye and the Netherlands should be canceled if fans of Türkiye make a grey wolf sign.

The attitude of European public opinion, shaken by the rise of the far right, towards the 'Bozkurt' sign caused the Union of European Football Associations (UEFA) to appoint an inspector to conduct an ethical and disciplinary investigation. The decision taken as a result of the inspector's investigation was made in a very short time, which was unprecedented. The UEFA Appeals Body, which was requested to take an urgent decision by the chairman of the UEFA Ethics and Disciplinary Committee, gave Demiral a 2-match ban for making the sign. Therefore, it should be emphasized that the decision was taken not by the Control, Ethics, and Disciplinary Body but by the Appeals Body. The Appeals Body has the authority to hear appeals against decisions of the Control, Ethics, and Disciplinary Body and to decide on particularly urgent cases referred directly to it by the chairman of the Control, Ethics, and Disciplinary Body.

National signs

There are signs of nations. Sometimes animals are recognized as a sign of a nation. Some animal symbols refer to power in ancient times. Such is the meaning the Dutch attribute to the lion. Or the meaning that the United Arab Emirates (UAE) attributes to the falcon symbol. Sometimes the symbols of nations symbolize racial superiority or expansionism. Such is the rooster of France. So is the eagle of Germany or Albania.

Demiral's goal celebration was the sign of the Bozkurt. The Bozkurt sign has been a symbol of Turks for hundreds of years. This sign does not show the superiority of Turks over any other race, nor does it imply expansionism or colonialism. Therefore, it is clear that Demiral's target was not a derogatory attitude towards another race. In the long defense prepared by the Turkish Football Federation, reference was made to the meaning of this sign.

Predetermined sanction

Before the Appeals Body announced its decision, Germany's newspaper Bild shared Demiral's 2-game suspension with the public. This news was shared with the public on July 4, 2024. The following day, on July 5, 2024, the Appeals Body announced its decision. This was the same decision announced by Bild. It is clear that this is no coincidence. The decision had been taken long before.

Türkiye made its defense on the morning of July 5, 2024. The news that Bild shared in advance shows that the Appeals Body took its decision without waiting for the Turkish side's defense. In addition, the 2-game suspension decision was announced by UEFA about 2 hours after the submission of the Turkish Football Federation's (TFF) 30-page defense. It is unacceptable in any legal system to impose a sanction without a defense. The 2024 European Championship will be remembered for this unlawful decision against Türkiye.

Two-game suspension

The suspension imposed by UEFA's body is based on basic rules of decent conduct, using a sporting event for manifestations of a non-sporting nature, and bringing the sport of football into disrepute. The relevant regulations are set out in Article 11 of the UEFA Disciplinary Regulations. It is clear that the 'Bozkurt' sign, the symbol of the Turkish nation, does not fall within the scope of any of these.

The Appeals Body is a mechanism that takes decisions without justification. For this reason, it is not clear how the 'Bozkurt' sign falls within the scope of Article 11. In its short decision, the Appeals Body only referred to the most general disciplinary article.

It is clear that no sanction was imposed on the grounds of racism, as the public has been raising for days. Racism is regulated as a very serious offense in Article 14 of the same text. Demiral's 2-match suspension was only linked to the regulations in Article 11.

It is understood that Demiral's 2-match suspension was imposed, especially under pressure of German public opinion. Demiral, the star of the previous match, was suspended rather quickly. Recently, the same committee took 4-5 days to decide on England's Jude Bellingham's indecent behavior towards the opposition bench.

Appealing to Court of Arbitration for Sport?

The decisions of some UEFA committees and some sanctions imposed by the Appeals Body can be challenged by applying to the Court of Arbitration for Sport (CAS). However, according to the UEFA Statutes, it is not possible to go to CAS for Demiral's 2-match suspension. According to Article 63 of the Statutes, decisions through which a natural person is suspended for a period of up to two matches or up to one month cannot be appealed to CAS.

Mehmet Buyukeksi, the president of the Turkish Football Federation, announced that no application can be made to CAS against this decision. The fact that the application to CAS is closed means that this sanction is finalized. Demiral will not be able to take part in the Netherlands and possibly the next match. There was also no postponement of this suspension. Despite the specific article, it is likely that the Turkish Football Federation will still go to CAS to appeal the 2-match suspension.

*Opinions expressed in this article are the author’s own and do not necessarily reflect the editorial policy of Anadolu