Before the Ecuadorian Football Federation, the international press reported that the Federal Court of Switzerland rejected an appeal filed by the FEF, which sought to overturn the three-point deduction for the national team, a penalty applied in the qualifiers for the 2026 World Cup. This sanction was imposed on 8 November 2022 by the CAS (Court of Arbitration for Sport, abbreviation in French) due to the FEF improperly fielding Byron Castillo in several matches of the World Cup in Qatar.

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Castillo was challenged in FIFA by the federations of Chile and Peru, whose leaders assured that he was born in Colombia and played for the Tricolore despite this. However, this claim was rejected by the umbrella world football body. Nothing of the sort happened when the case reached the CAS. The Swiss Federal Court is understood to have rejected the FEF’s appeal, among other things, because it was aware of the detailed content of the CAS arbitration award, an 86-page document in which four judges explained the reasons for the sanction.

Byron Castillo ‘admitted he was not born in Ecuador’, reveals TAS among reasons for FEF punishment

Last Monday (yesterday), the Federation, without further specifying which instance it will now turn to, said in a statement, regarding the Swiss court decision, that “we maintain our commitment to exhausting all the resources the law gives us to show our correctness.” “to proceed and correct this unjust decision, in whatever forum we must do so.”

The Byron Castillo case: double identity, falsification of nationality and age? The ‘Jara Report’ analyzed by TAS to punish the FEF

Born in Tumac?

However, what are the realistic chances that the ruling will be overturned if CAS’s motives for applying the penalty to the FEF are considered, as the Swiss Federal Court certainly did?

There are two procedural pieces of evidence that apparently completely dismantled Castillo’s legal defense. CAS mentions them when it reproduces some of the conclusions of Colonel Jaina Jara (former President of the Commission of Inquiry of Ecuafútbol, ​​until January 2019).

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For example, it is reported that “there are irregularities in the birth registration of the player Castillo Segura Byron David, an Ecuadorian citizen born in the province of Guayas, in the city of General Villamil Playas, with a date of birth of November 10, 1998; since his real name is Castillo Segura Byron Javier, son of Castillo Ortiz Harrison Javier and Segura Ortiz Olga Eugenia, born on June 25, 1995, born in Tumac, Nariño.”

Further: “Consulting the Colombian registry office, they show that citizen Castillo Segura Bayron Javier, son of Castillo Ortiz Harrison Javier and Segura Ortiz Olga Eugenia of Colombian nationality, is registered in their computer system, as the same parents of player Castillo Segura Byron David. “Finding that we are dealing with a number of irregularities, such as double identity, falsification of nationality and age.”

Compromising sound

But beyond that, the TAS was supported to issue its opinion on the sanctioning of the FEF in an audio recording published by the newspaper Daily mailLondon, September 12, 2022. The arbitral award explains that it is a recording in which “the player (Castillo) expressly admitted in an interview with Colonel Jaro that he was not born in Ecuador on November 10, 1998 as Byron David Castillo Segura, as indicated in his Ecuadorian passport, but on June 25, 1995 as Byron Javier Castillo Segura and that he came to Ecuador from Tumaco, Colombia.”

Judges Massimo Coccia (Italy), Romano Subiotto (Belgium), José María Alonso (Spain) and Francisco Larios (United States) “argue that the audio recording of part of the player’s interview with Colonel Jaro is not only admissible, but also reliable (…) ; “The panel considers that the audio recording is admissible as evidence in this proceeding.”

This part of the audio transcription of the interview Jara did with Castillo, which the CAS judges heard, is reproduced in the document.

Castle: I arrived, I knew nothing about how to fix such things. I didn’t know anything. They already told me this and that, we’ll do it for you, we’ll help you here and, I mean, I needed help because I came here to help my family, all that. You know the situation there in Tumac, all that. I arrived and it was fine, I started playing without any problems, I deleted everything and now I saw that all the problems have increased.

Colonel Jara: But who did that to Marcos Zambrano? Do you know the person who took you to get your papers, to get your ID?

Castle: I was always in a complex, that is, I was already a person, so they took me somewhere else, no never – they took me to be this, no, nothing. I think they work with other people, I don’t know how they work.

Colonel Jara: But Marcos Zambrano did all that to you… in the beginning?

Castle: He was telling me everything that he would help me with this and that and that.

Colonel Jara: But when exactly were you born?

Castle: In 95. Colonel Jara: 95?

Castle: That.

Colonel Jara: And what year is your personal ID?

Castle: 98.

Colonel Jara: 98. What are your real names?

Castle: Byron Javier

Colonel Jara: Byron Javier

Castle: Segura Castle

Colonel Jara: Segura Castle. Already. How many brothers does he have?

Castle: Two

Colonel Jara: You and…?

Castle: Sister

Colonel Jara: Your sister?

Castle: That

Colonel Jara: And anyone else?

Castle: Nobody else

Colonel Jara: And what is your sister’s name?

Castle: Maria Eugenia

Colonel Jara: Already. Same dad and mom?

Castle: Same dad and same mom.

Colonel Jara: Already. And what’s your dad’s name?

Castle: Harrison Javier

Colonel Jara: Harrison Javier. And your mom?

Castle: Olga Eugenia Ortiz Ortiz, no, Segura Ortiz

Colonel Jara: Of course Ortiz, now. And do they know about the situation Zambrano made you?

Castle: Of course they know everything because in the beginning I played there and we played, we played. We crossed the border because our team had to because the teams from there cross from Tumac to play in San Lorenzo. Everyone crosses, crosses. We had some tests in San Lorenzo, I remember that. But at those tests that were there in San Lorenzo, I didn’t stay in any team, and my teammate who was with me didn’t show up, so they told me I had to come.

Colonel Jara: And who is he if he didn’t show up?

Castle: He was the second player, and I had to stay. I came home, I told my father that I had to come, but at that time there was no money in the house – I remember there was no money. I wanted to start crying because I wanted to, and then my dad told me no, not now, the other day. Mom was also worried, no, she didn’t want this and that. Me, worried. My dad left around 7:00 a.m. and arrived home at 12:00 p.m. He arrived with money, 20,000 Colombian pesos. With that he arrives in San Lorenzo and I have stayed here until now.

Colonel Jara: And then Marcos Zambrano’s men were there?

Castle: Yes, everything.

Colonel Jara: Those who went there and saw…?

Castle: Yes, the players were watching.

Colonel Jara: And there?

Castle: And then I arrived here, at (Club) América.

According to TAS, regarding the interview, “there is no evidence of such coercion in the audio recording, and the defendants (FEF and Castillo) have not presented any evidence of coercion.” And “in light of the above, the panel holds that the audio recording of part of the player’s interview with Colonel Jar is not only acceptable, but also reliable (…); “The panel considers that the audio recording is admissible as evidence in this proceeding.” (D)