'They jumped like monkeys' comment caused a stir: Is there racism in Mourinho's remarks? Sports lawyers weigh in
Fenerbahçe manager Jose Mourinho's comments after the Galatasaray derby, where he said "they jumped like monkeys," have drawn significant backlash. While Galatasaray has leveled accusations of racism, the Fenerbahçe side has argued that the remarks were distorted. Sports lawyers have now commented on what kind of penalty Mourinho might face for his words.
12punto
Following the 0-0 draw in the Galatasaray-Fenerbahçe derby in the Süper Lig, Jose Mourinho used the phrase "they jumped like monkeys" during a press conference while gesturing toward the Galatasaray bench regarding a specific play.
Following these remarks, Galatasaray Club issued a statement declaring that Jose Mourinho's expressions constituted "racism" and announced that they would file complaints with UEFA and FIFA. So, what did sports lawyers say about Mourinho's words? What penalty will the Portuguese manager receive?
Sports Lawyer Hüseyin Karaahmetoğlu stated, "These words are a comparison similar to saying 'running like a cheetah' or 'tearing apart like a lion.' It is definitely not racist, though it is an unethical statement. Previously, a club president calling his own Black player a 'cannibal' was not accepted as racism. There is no racist behavior or discourse in our country. Interpreting Mourinho's remark as racism is contrary to the law and disciplinary regulations."
Human Rights Law Expert Orhan Kemal Cengiz also commented, "Mourinho using rude and offensive terms against another team's fans may not be correct in terms of ethics and sportsmanship. However, I do not think this is a situation that would face sanctions in terms of criminal law, nor do I think it is racism. It should be the subject of a civil lawsuit rather than a criminal one. With a forced interpretation, it could be investigated under the crime of insult in Article 125 of the Turkish Penal Code (TCK)."
Prof. Dr. Devrim Güngör, a faculty member at Ankara University Faculty of Law, Department of Criminal and Criminal Procedure Law, stated, "Although Mourinho's expressions are harsh and attention-grabbing, as long as they are not taken out of context, they should be evaluated merely as an emotional reaction given after a match and should not be considered as constituting any crime. Such statements are usually made in the heat of the moment and do not carry long-term meaning."
CAS and Euroleague Arbitration Judge Emin Özkurt said, "When we examine Jose Mourinho's expressions in detail, calling it racism would be a legally forced interpretation. Of course, this comparison is also inappropriate, unacceptable, and requires punishment, but the penalty to be applied must also be proportionate and fair. My legal assessment is that the expression will be evaluated under Article 41, titled 'Assault on Personality Rights, Insult, Threat, and Spitting,' rather than Article 42 of the Disciplinary Regulations regarding racism. It is highly probable that Jose Mourinho will be given a three-match ban for insult, not for racism."
Özkurt concluded his remarks by saying, "Galatasaray Club also has no right to file a complaint against Mourinho for racism. It is not legally possible for Galatasaray to take the matter abroad, and it does not have a dimension that requires the involvement of UEFA or FIFA. In such incidents, the most important duty falls to the TFF and its boards." (Hürriyet)