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  • Eklenme Tarihi :
  • 09 Kasım 2014, Pazar 13:13

Besiktas arbitration from the Bad News

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Turkey Football Federation Arbitration Board, Besiktas Gokhan Tore Order which rejected the appeal made ​​by the winning streak to three sentences.

İstanbul news: Photo Arbitration decisions have been taken by the Board after its meeting today as follows:Photo \"petition dated 09.11.2014 regarding Besiktas players Gokhan Tore was read. The application of our Board dated 11.01.2014 and E.2014/239 , K.2014/244 K. No proceedings against the decision to return and that the application is in the nature of the request for a stay was seen that the required fees is deposited . the applicant , documents relating to the competition is based and records and all files on the result of the negotiation , renewal of trial (the return of disciplinary proceedings ), Football disciplinary Guideline is stipulated in detail in Article 91:Photo \"disciplinary Committees, finalized to affect that they or a decision contrary to the facts based on the evidence in a decision that new evidence arisen or the fulfillment of the decision before it is complete , if a change is made in favor of the relevant legislation ; people or clubs concerned with investigating authorities may request the return of the proceedings of the Disciplinary Board that decision. This request related to the Disciplinary Board , according to the study results may provide a new decision can be decided that the place to replace the previous decision. \"In Photodynamic as
seen, counted cause three restriction in order to renew the trial , only the proceedings in the presence of these conditions and suggested to be renewed. in retrials that extraordinary judgment , but the injury was established provision , the provision of essential evidence considered available when the same force is proposed , accompanied by a proof. Photo trial subject \"insult \"action , event officials has been included in the report on the discussions to be held after this stage first, the force of all the evidence submitted by considering Photodynamic 76.madde to be determined. Photodynamic 76/I . according to the article \"issues contained in the report of the Competition officials are considered true unless proven otherwise .\"as is apparent from the provisions in question , competition officials in the report determine who are accepted as correct presumption , but this presumption is it possible to prove the opposite, given the burden of proof is charged to the offender . Accordingly, the football disciplinary law, competition officials of the report , unless proven otherwise , let alone proof of the action taken and the offender should be told that a sentencing accepted as sufficient evidence . Football judgment, the parties in writing of the reports of committing disciplinary violations competition task , otherwise the Photodynamic report \"Evidence entitled\"Article 75 and \"Disciplinary proceedings entitled\"according to the 3rd paragraph of 85.madde but the evidence is considered in the football judiciary ( reports of the match officials , statements of parties and witnesses , material evidence , expert opinion , and audio or video recordings) , so reports of match officials in other words, at least have the opportunity to prove by strong evidence . But at this point , as in football , as in the judicial judgment , an assessment of the evidence in terms of strength , force arises an obligation to do the ratings. As is known, be upon the face of documentary evidence, witness evidence in procedural law. In contrast, a movement/action from nothing ( violent conduct , unsportsmanlike act , spitting , such as assault ) visual records of a material factual proof , is considered to be a more potent and sufficient evidence in the face of the written or oral evidence. Football in the law of evidence in this regard; entirely composed of material breach of discipline in the face of a verb , the reports of the match officials as possible visual records of proof otherwise is contrary to the conclusion reached by a violation of the verbal reports of officers to be more valuable in the face of competition from witness evidence. Although the situation is like , the last verbal discipline violations in the reports of match officials otherwise , technical and should be given the opportunity to prove by a voice recording can not be doubted the authenticity legally. Photo Club , as needed basis to judge at both provide new evidence demanded retrials , grounds a trial or judgment does not mention the establishment of a provision of this event showed that football judicial establishment . When the start of the disciplinary judgment with discretion and authority of the competition referee in the application and not included in the reports is the match officials without considering the place , the rest of discretion and an event not included in the jurisdiction of the thus disciplinary authority , it is impossible to be essential to the renewal of the proceedings. Thus, in the application to the Board , stated in Photodynamic 91.madde ;
a. They are contrary to the facts based on the evidence , Photo b . The decision will affect new evidence that exit occurs , Photo c . The fulfillment of the decision in favor of a change is made prior to completion of the relevant legislation, in force sufficient evidence to demonstrate the existence of any of the cases are not presented ; statements and evidence relied on in the petition , that the understanding can not be a basis for the renewal of the proceedings , Besiktas Inc. , a denial of the application associated with Gokhan Tore ; The application is decided on the merits of the denial of the request to stop , was given a unanimous decision . \"

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