After Fifa decided to support its first decision in the case of Byron Castillo, with whom Chile has tried to go to the World Cup in Qatar instead of Ecuador, the only door open to settle the matter is the Arbitration Court of Sport (TAS, by its acronym in French).
As announced by the Chilean Football Federation (ANFP), its intention is to go to the last instance to try to reverse the ruling.
And although in the balance the Chileans start at the bottom, due to the security with which Fifa has dismissed their claims, the TAS is the only one that can finally resolve the great controversy that has surrounded the World Cup in Qatar.
Given that expectation, the opinion of the Paraguayan lawyer Gerardo Acosta, who spent eight years among the list of eligible of the high court, is more than consistent.
“They have no problem revoking”Acosta points out about the panel of experts that will give the final say in the case.
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‘Chile’s counterpart is no longer Ecuador, but Fifa’
In a conversation with the Chilean newspaper ‘La Tercera’, the lawyer Acosta referred to the keys that are at stake during the process of the last instance of the Byron Castillo case.
“Chile is going to request an abbreviated procedure. The counterpart was never Ecuador. Ecuador was in the procedure circumstantially because one of its players has been mentioned. Ecuador could present itself as a counterpart. It’s like in a criminal trial. Fifa is the equivalent of the prosecution, so to speak. Ecuador will most likely participate in the process as an intervener, but Chile is litigating against the sanction applied by Fifa. Its counterpart is Fifa,” said the lawyer in the talk in question.
Under that line, to reach a consensus to receive an abbreviated procedure in court, Fifa must accept it. Ecuador, as a third party, would have no way of objecting. Not much reason, says Acosta.
“If Ecuador does not agree, there would be bad faith. I believe that their lawyers will accept. Especially with a resolution like the one now. I don’t know how afraid they could be”, he declared.
(Also: Nairo Quintana: radical decision that the Anti-Doping Agency would take after his sanction).
In its second ruling on the Byron Castillo case, FIFA reiterates: the body cannot go against the justice of a sovereign country.
The player’s eligibility is more than clear to the entity.
Chile has the TAS. But an ‘express’ decision seems remote. pic.twitter.com/VfDoOwGw3J
– Andrés Felipe Balaguera Sarmiento (@balagueraaa) September 16, 2022
Entering the decision that the high court would make, Acosta is accurate:
“I still think that the ANFP is wrong. That the decisions are adjusted to law. Fifa does not have the power to define a public document. That power is not arrogated. It defines nationality based on documents issued by a public authority. Until that authority says otherwise, that is valid. Fifa sanctions the use of false documents, but it is determined by a national authority. That is the mistake that the ANFP makes”, he points out.
Regarding the independence that characterizes the TAS, the Paraguayan maintains:
“If a FIFA body makes a mistake, TAS panels have no problem revoking. It depends on the case. In this case, honestly, I accessed a lot of information. I was convinced that this was going to happen. I don’t think a CAS panel will reverse it. The panel’s decision depends very much on the training of each member of the panel. Of the legal formation of each one. It’s a pretty rare case.”
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