SEDAT DOGAN v. TURKEY - 48909/14 (Judgment : Right to a fair trial : Second Section) French Text [2021] ECHR 403 (18 May 2021)

SEDAT DOGAN v. TURKEY - 48909/14 (Judgment : Right to a fair trial : Second Section) French Text [2021] ECHR 403 (18 May 2021)

The Court found that the TFF's disciplinary and arbitration bodies lacked sufficient independence and impartiality due to structural deficiencies, violating Article 6 §1. The disciplinary sanctions against the applicant constituted an interference with his freedom of expression under Article 10. The national...

Source-derived case information.

Citation
[2021] ECHR 403
Parties
Applicant: Sedat Doğan; Respondent: Republic of Turkey
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Judgment
Outcome
Application allowed in part; violations found
Legal Topics
Right to a Fair Trial, Freedom of Expression, Disciplinary Proceedings, Independence and Impartiality of Tribunals
Human Rights Law Sports Law Right to a Fair Trial Freedom of Expression Disciplinary Proceedings Independence and Impartiality of Tribunals

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Parties

Sedat Doğan

Applicant

Republic of Turkey

Respondent

Procedural Posture

Application to the European Court of Human Rights / Judgment

  1. 1 Whether the disciplinary sanctions imposed by the Turkish Football Federation (TFF) on the applicant violated his right to a fair trial under Article 6 §1 of the Convention
  2. 2 Whether the sanctions violated his right to freedom of expression under Article 10 of the Convention

Ratio Decidendi

The Court found that the TFF's disciplinary and arbitration bodies lacked sufficient independence and impartiality due to structural deficiencies, violating Article 6 §1. The disciplinary sanctions against the applicant constituted an interference with his freedom of expression under Article 10. The national authorities failed to conduct an adequate balancing of interests or provide relevant and sufficient reasons for the sanctions, and did not demonstrate that the interference was necessary in a democratic society. Therefore, both Article 6 §1 and Article 10 were violated.

Court Disposition

Application allowed in part; violations found

Orders

  • The respondent State must pay the applicant 7,800 EUR for non-pecuniary damage within three months, plus any tax due, to be converted to local currency at the date of settlement.
  • Interest at the marginal lending facility rate of the European Central Bank plus three percentage points will accrue after the three-month period until payment.