A few weeks ago, the National Association of Professional Football (ANFP) denounced the Ecuadorian team before FIFA, because the player Byron Castillo would not be Ecuadorian but Colombian, for which the national body requests the elimination of the Tricolor of the World Cup in Qatar 2022.
In this context, the medium Wuan Plus interviewed the lawyer and expert in FIFA regulations Jorge Sosa, who spoke about it, published daily ACE from Spain.
“Unlike other colleagues, I am not so optimistic, honestly. FIFA could have said I do not have jurisdiction or open a file before the Ethics Committee, which handles the processes against individual players. But it was before the Disciplinary Commission, which does provide sanctions against federations. And that sanction, according to the same Disciplinary Code, is the loss of points or defeats of all the games that Castillo played. That would leave us out of the World Cup”, he comments.
In addition, he referred to what the Ecuadorian Federation must demonstrate. “He must not only make a defense under the judicial sentence, he must demonstrate that there is no doubt that he is Ecuadorian, that he resides and behaves like any Ecuadorian, so that there is no doubt that there is no fraudulent act.”
“The FIFA statute grants the federation responsibility not only for intentionality. It says verbatim whether it is due to negligence or any other act of the player. In other words, according to my legal criteria, it even makes him responsible for the Disciplinary Code even for the slight fault of the federation, “said the lawyer.
Sosa also explained a possible argument from the Chilean federation. “You can say that there was no intention, there was no negligence, but Chile can say in quotes “you did not take the care that a good father of a family should have”, which is the subject to which slight fault is assimilated”, he also emphasized : “If you were not careful despite the alerts, that does make you responsible.”
“I don’t think FIFA is so neutral, mind you, there may be very large geopolitical or economic interests, a lot of money is at stake and that may have some kind of influence within this Disciplinary Committee or in the Arbitration Court,” he concluded. (D)