The case involves Turkish Wushu athlete Necmettin Erbakan Akyüz appealing a two-year competition ban imposed by the International Wushu Federation (IWUF) for unsporting behavior during events in 2016. The Court of Arbitration for Sport (CAS) reviewed the case de novo, independently reconsidering the facts and legal issues, rendering procedural complaints about the initial hearing irrelevant. Central to the case was the principle of nulla poena sine lege certa, which requires disciplinary rules to clearly define offenses and corresponding sanctions. The IWUF sanctioned Akyüz for misconduct, including throwing his spear and displaying anger toward judges, citing similar past behavior in 2012. Akyüz argued the IWUF lacked clear rules defining "unsporting behavior" or specifying sanctions, violating legal certainty. The CAS hearing included testimony from both parties, marking the first appeal against an IWUF decision and highlighting the need for clear disciplinary frameworks in sports governance. The outcome hinged on whether the IWUF's rules sufficiently linked misconduct to specific penalties, ensuring fairness and predictability. The CAS emphasized that while flexibility is allowed in disciplinary proceedings, fundamental legal principles like nulla poena sine lege certa must be respected. The case underscored the importance of transparent and well-defined regulations in maintaining sports integrity.
Akyüz filed his appeal on May 24, 2017, challenging the IWUF's May 4, 2017, disciplinary decision. The appeal was submitted under Article R47 of the CAS Code, with jurisdiction established under the IWUF Constitution, which mandates CAS resolution for disputes. The IWUF did not contest CAS jurisdiction, and both parties signed the Order of Procedure. The appeal was deemed admissible as it met the 21-day filing limit. The applicable law was the IWUF Constitution and Rules, supplemented by Swiss law. Akyüz argued the IWUF violated his right to be heard by delaying notification of the disciplinary investigation for over seven months and failed to specify violated provisions, breaching legal certainty. He sought annulment of the sanction, a re-evaluation, a provisional halt to the sanction's execution, and reimbursement of legal costs, citing irreparable harm to his career and academic life. The IWUF countered that Akyüz's behavior at two events constituted severe breaches, referencing Article 9.2 of the 2005 Rules for International Wushu Taolu Competition, which stipulates penalties for disobedience and trouble-making.
The incident occurred at the 2016 World Taijiquan Championships, where Akyüz made an angry gesture toward the head judge and threw his starting number on the floor after results were announced. Witnesses confirmed this behavior, with similar conduct noted at a prior event in Burgas. The IWUF imposed sanctions without a hearing, which the Sole Arbitrator deemed regrettable, violating natural justice. While Akyüz's behavior was unacceptable, the arbitrator found the IWUF's disciplinary rules insufficiently clear or applicable. The principle of nulla poena sine lege certa was emphasized, requiring predictable and legally defined sanctions. The arbitrator concluded procedural defects in the initial hearing were remedied by CAS's de novo review, rendering earlier complaints moot. The case highlighted gaps in the IWUF's disciplinary framework, stressing the need for precise regulations and impartial adjudication.
Ultimately, the CAS ruled in favor of Akyüz, annulling the IWUF's decision due to lack of legal certainty and procedural fairness. The arbitrator suggested a one-year suspension would have been more appropriate for a first-time offender whose misconduct did not involve violence, rather than the two-year ban. The IWUF was advised to modernize its disciplinary rules for clarity and enforceability. The case underscores the importance of clear disciplinary frameworks and proportionality in sanctions, ensuring fairness and legitimacy in sports governance.