Historic decision by TAS against a FIFA penalty

Date:

The Court of Arbitration for Sport has just upheld a historic decision against FIFA. He TAS admits and stands by the appeal of the former President of Haitian Football Federation, Yves Jean Bartagainst the decision issued by the Adjudicatory Chamber of the Ethics Commission of FIFA on November 18, 2020. He was then sentenced to life disqualification and a fine of 1 million Swiss francs for violating Article 23 of the Code of Ethics of FIFA regarding the protection of physical and mental integrity, as well as Article 25 on abuse of position.

The penalty was imposed in connection with acts of sexual harassment and abuse against female soccer players, including minors, as well as abuse of office in connection with his role as president of the Haitian Soccer Federation during the 2014 season -2020.

None of the statements are confirmed

In May 2020, the Investigative Chamber of the FIFA Ethics Committee opened an investigation into Yves Jean-Bart following an article published in the newspaper “The Guardian” stating that Yves Jean-Bart allegedly forced some players from Croix-des-Bouquets National Technical Center intercourse with him.

In the course of the investigation, Human Rights Watch (HRW) confirmed the allegations against Yves Jean-Bart and FIFPro provided the Investigative Chamber of the FIFA Ethics Committee with a document listing more than 30 alleged victims of Yves. Jean Bart.

On November 20, 2020, based on the final report of the FIFA Ethics Committee, the statements of Yves Jean-Bart and the statements of the Chairman of the Investigative Chamber of the FIFA Ethics Committee, the Awarding Chamber of the FIFA Ethics Committee has now issued the sanction was challenged.

On January 27, 2021, Yves Jean-Bart filed an appeal with the TAS seeking the annulment of the Appealed Decision, claiming that he is innocent of the charges against him. A Panel of three arbitrators, consisting of Alain Zahlan de Cayetti, President (France), Pierre Müller (Switzerland) and Luigi Fumagalli (Italy), was formed to decide the appeal.

On March 23, 24 and 25 of last year, the hearing took place where many witnesses were heard, some of whom benefited from special protection measures.

TAS is a very powerful award

In their award, the Panel of Arbitrators selected by CAS unanimously pointed out inconsistencies and inaccuracies in the statements of victims and witnesses presented by FIFA. In addition, the Panel did not consider the information contained in the documents produced by third parties, such as Human Rights Watch and FIFPro, to be sufficiently probative, as it was not corroborated or confirmed by other regularly administered evidence that could or would have delivered. as a basis for investigative measures to verify its validity.

In conclusion, the Panel of Arbitrators considered that the evidence against Yves Jean-Bart of possible sexual abuse was inconsistent, unclear and contradictory and, consequently, insufficient to demonstrate a violation of the articles 23 and 25 of the FIFA Code of Ethics. Consequently, they upheld the appeal and annulled the sanctions.

Source: La Verdad

LEAVE A REPLY

Please enter your comment!
Please enter your name here

Share post:

Subscribe

Popular

More like this
Related