On at 14:43 CEST
The Competition Committee opens extraordinary file to Creek, after receiving the Integrity report and also the letter from Valencia CF, for the ‘Diakhaby case’. The opening of the procedure implies the appointment of an instructor, Juan Antonio Landaberea, which will order, as established by the same Code, “how many procedures are adequate”. Within a period not exceeding one month, you must propose the dismissal or make known the statement of charges with the alleged sanctions.
After that time will be when the instructor raises the file with the sanction proposal to the Competition Committee. It is the federal disciplinary body that finally decides whether to ratify the instructor proposal. Sanction that, if any, may be appealed to the Appeals Committee or CAS.
VERY SERIOUS PENALTY
And then there are the disciplinary consequences if it is finally proven that it existed by Creek the alleged insult. Because the Disciplinary Code considers these acts as very serious according to point c of article 69:
“Statements, gestures or insults made in sports facilities, which entail a manifestly humiliating treatment for any person due to their racial, ethnic, geographical or social origin, as well as religion, ability, age, sex or sexual orientation, as well as those that incite hatred or seriously violate the rights, freedoms and values of people & rdquor ;.
It is article 72 of the same Code where it establishes the possible disciplinary consequences in the case of active participation in racist acts. Considering as active the realization “of statements, gestures, insults or any other conduct”.
In section one it makes clear that the commission of said infractions may impose “disqualification from holding positions in the sports organization or suspension or deprivation of a federative license, when the person responsible for the events is a person with a federative license”, such as the case of the footballer from Cádiz. The article continues stating that “the sanction may be imposed temporarily for a period of two to five years ..”. The same article provides for a financial penalty for clubs, coaches, footballers, referees and managers of 18,001 to 90,000 euros.
Given the seriousness of the sanction, the most logical thing is that the Cádiz player, if the sanction is confirmed, expose himself to article 107 relative to the passive repression of xenophobic behavior and that establishes that the sanction will be “from month to two years or of four or more meetings in the same season “. In this case, the financial fine ranges from 6,001 to 18,000 euros.
Within this scope is article 89 relating to notorious and public acts that violate the dignity and sporting decorum that establishes a “fine in the amount of 602 to 3006 euros, disqualification or suspension for a period of one month to two years or at minus four games, or total closure from one game to two months “. And in the same terms, article 100 is expressed regarding serious conduct in good sportsmanship, which speaks of the same economic amount and a sanction between four and ten games.
Sanctions that can always be appealed to the Appeal Committee and, ultimately, to the Administrative Court of sport.
THE RESOLUTION, ENTIRE
The SPORT newspaper has had access to the Competition letter and it says the following: “On April 6, 2021, a letter from the Director of Integrity and Security of the RFEF was received before this disciplinary body, denouncing an action between the players Don Juan Torres Ruiz, from Cádiz CF, and Don Mouctar Diakhaby, from Valencia CF , which took place in the 29th minute of the match corresponding to matchday 29 of the First Division National League Championship, held on April 4, 2021 between both teams.
Likewise, on the same date, a letter was received from Valencia CF, SAD, denouncing the facts that occurred in relation to alleged racist insults made by the Cádiz CF player, Juan Torres Ruiz, against the Valencia CF player, Mr. Mouctar Diakhaby. , collected in the arbitration record of the aforementioned meeting, and requesting the opening of a disciplinary file in order to clarify the events that occurred.
Previously, it is considered necessary to highlight that on the part of this Competition Committee it is considered essential to act firmly in relation to any action, manifestation or statement that is susceptible to violence, racism, xenophobia or intolerance in football, existing for this purpose precepts in the scope of the RFEF Disciplinary Code that enable the initiation of disciplinary actions for the timely knowledge of the nature and scope of the facts and, where appropriate, the corresponding sanction when circumstances justify it.
In any case, the beginning of a file requires having reasonable minimum indications of the commission of an infraction, being appreciated in this case, by which this Competition Committee,
A) Initiate an extraordinary disciplinary procedure against the player from Cádiz CF, SAD, D. JUAN TORRES RUIZ, for carrying out behaviors that could eventually constitute one or more infractions of the general sports regulations, all of the above in accordance with article 32 of the current Disciplinary Code of the RFEF.
B) Appoint Mr. Juan Antonio Landaberea Unzueta as Instructor, who will be in charge of the processing of the procedure, and to whom the abstention and disqualification rules provided for in the State legislation for the common administrative procedure will be applied, in accordance with the provisions of Article 34 of the RFEF Disciplinary Code
C) Give transfer of the previous decision to the interested party, meaning that they will have the right to the formulation of allegations and the hearing process in the course of the investigation and within the indicated deadlines and that will be notified in due course.