Derby bill for Jose Mourinho and Okan Buruk: 8-match ban and fines are on the way!
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Following the derby between Galatasaray and Fenerbahçe, which ended in a goalless draw, Jose Mourinho's statements became a hot topic in sports.
Galatasaray announced that they will take the issue to court following Mourinho's statement, "They jumped like monkeys on the bench."
Fenerbahçe Vice President Acun Ilıcalı made the following statement regarding the issue: "This is a metaphor, a description! What does racism have to do with it? Is Okan Hoca black?"
While these statements by world-famous coach Mourinho opened a new curtain in the world of sports, sports lawyers evaluated the issue for ntv.com.tr.
According to sports lawyer Anıl Dinçer; Mourinho's statements are not true, but inferring racism from here could be very serious.
"There are serious sanctions for insult and racism in sports law," said Dinçer, "Insult and racism are different concepts. The sanction for racism is much more severe. In this case, the TFF is not referring due to racism or discrimination. Article 41 is insult, and 42 is racism. The TFF perceived this statement as an insult."
"The expression 'they jumped like monkeys on the bench' is not a correct expression both legally and humanly," said Dinçer, "However, I find it very harsh to infer racism from this. In racism, I think we need to look at both the words spoken and the person who said them. Mourinho has not made any racist statements or actions in his career and past. It is not right to attribute racism to Mourinho. There is not racism here, but an analogy. An inappropriate expression. If the TFF does not impose a penalty, there may be much different analogies."
Dinçer explained the possible penalties as follows:
"Mourinho was referred for articles 36 and 41. The penalties will be lower than racism. Unsportsmanlike conduct (Article 36) could result in a 1-3 match ban, insult (Article 41) could result in a 2-5 match ban. If it is given at the lower limit, a total of 3 matches could be given with 1 match ban from article 36 and 2 matches from article 41. If it is given at the upper limit, a total of 8 matches could be given with 3 matches from article 36 and 5 matches from article 41. A deprivation of rights penalty could also be given, but that is being converted into a fine. My guess is that a penalty at the lower limit will be given. Another possibility is that the incident will be sort of glossed over with a deprivation of rights penalty."
Dinçer continued his statements as follows:
"Mourinho could at most file a slander lawsuit against Galatasaray. However, I don't think this situation will bring much result. I also think this statement has been exaggerated.
When we look at the content of Article 38, it states 'those who reduce the brand value of football and damage the reputation of the TFF'. This could be a 1-3 match ban or a fine of around 1.5 million TL in return for deprivation of rights. Buruk could be given a 1 match ban from the lower limit. If Mourinho is given deprivation of rights, the same method will be followed for Okan Buruk. The maximum penalty Buruk can receive will be 3 matches.
"Galatasaray or anyone else cannot apply to UEFA. UEFA cannot investigate this matter. The UEFA Disciplinary Regulations deal with incidents that occur within the scope of the Champions League, UEFA Europa League, and UEFA Europa Conference League. There is nothing UEFA can do for local leagues."
Sports Lawyer Burak Kocagöncü evaluated the possible penalties that both coaches could receive regarding the referrals to the PFDK that took place after the derby as follows:
"First of all, it should be noted that since the match played was a Super League match between two Turkish teams, the authority to decide on this matter is not UEFA or FIFA, but the Turkish Football Federation. The relevant instruction is the TFF's Football Disciplinary Instruction. Therefore, it is not legally possible for Galatasaray to apply to UEFA regarding this issue."
"Galatasaray Technical Director Okan Buruk was referred to the PFDK in accordance with Article 38 of the Football Disciplinary Instructions due to his "statements aimed at damaging the reputation of football" in the post-match press conference. Okan Buruk may be given a ban on entering the locker room and the substitutes bench for 1 to 3 matches or a deprivation of rights for 30 to 60 days within the scope of Article 38. In addition to the penalty, a fine of up to 1,500,000 TL is also possible within the scope of the relevant instruction. I think Okan Buruk may be given a 1 or 2-match ban within the scope of Article 38."
"Fenerbahçe technical director Jose Morinho was referred to the Football Disciplinary Board in accordance with Article 36 of the Football Disciplinary Instructions due to his "unsportsmanlike conduct" in the same match and in accordance with Article 41 of the Football Disciplinary Instructions due to his "insult" in the press conference after the match. In order to evaluate the expression used by Mourinho, we must first look at the definition of discrimination."
"Discrimination is defined in the relevant article of the directive as "To undermine human dignity by discriminating based on race, language, religion, ethnicity or in any way". Since the expression "They jumped like monkeys on the bench" used by Mourinho is not an expression that includes a single person, but refers to the people on the bench who objected, I think this should be evaluated as an insult rather than discrimination or racism. If the expression used is evaluated as an insult, Mourinho may be given a ban on entering the dressing room and the bench for 2 to 5 matches under article 41 or a deprivation of rights for 21 to 50 days. In addition to the penalty, a fine of up to 500,000 TL is also possible. According to article 36, he may be banned from entering the dressing room and the bench for 1 to 3 matches or a deprivation of rights for 15 to 30 days. I think Mourinho may be given a 2-match ban under article 41 and a 1-match ban under article 36."
The PFDK's statement on the issue included the following statements:
"GALATASARAY A.Ş. Club technical manager OKAN BURUK was referred to the PFDK without due care, in accordance with Article 38 of the Football Disciplinary Instruction, due to his "statements aimed at damaging the reputation of football" in the press conference after the match,
FENERBAHÇE A.Ş. Club technical manager JOSE MARIO DOS SANTOS MOURINHO FELIX is referred to the PFDK as a precautionary measure as of 25.02.2025, due to his “unsportsmanlike conduct” in the same match, in accordance with Article 36 of the Football Disciplinary Instructions, and due to his “insult” in his statements at the post-match press conference, in accordance with Article 41 of the Football Disciplinary Instructions.
"The decision has been made."
ntv