This is how racist acts in Spanish football are sanctioned

04/05/2021 at 12:55 CEST

If it is very serious, it can imply the deprivation of the footballer’s license for two to five years. If it is serious part of a minimum of four sanction matches. In both cases, the financial fine must be added. The procedure can take at least a month if an extraordinary procedure is opened with the appointment of an investigating judge

And then there are the supposed words of Creek to Diakhaby that motivated the Valencian club’s departure from the field. As we also explained in the SPORT newspaper, the drafting of the arbitration report containing the alleged insult “He called me a shitty nigger”, gives rise to the opening of an extraordinary procedure by the Competition Committee. This without counting on the more than likely complaint of the club, already manifested yesterday on its social networks, and that it has until tomorrow Tuesday at 2:00 p.m. to be able to do it.

Opening that implies the appointment of an instructor who will order, as established by the same Code, “how many procedures are adequate”.

In a period not exceeding one month, the instructor must propose the dismissal or make known the statement of charges with the alleged sanctions.

In this second case, the interested parties must be notified so that, within a period of ten business days, they can express the allegations they consider appropriate. After that time, the instructor will bring the file with the sanction proposal to the Competition Committee. It is the federative disciplinary body that finally decides whether to ratify the instructor proposal. Sanction that, if any, may be appealed to the Appeals Committee or CAS.

Penalty considered very serious

And then there are the disciplinary consequences if the alleged insult is finally proven by Cala. Because the Disciplinary Code, as we already explained in SPORT; considers these acts as very serious according to point c of article 69:

“Statements, gestures or insults made in sports facilities, which involve 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 ;.

In addition, an economic fine of 18,001 to 90,000 euros

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 it clear that the commission of said infractions may impose “disqualification from holding positions in the sports organization or suspension or deprivation of 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 relative to notorious and public acts that violate sporting dignity and decorum, which 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