The Court of Arbitration for Sport has just adopted a historic decision against the FIFA. He THAT has admitted and upheld the appeal of the former President of the Haitian Football Federation, Yves Jean Bartagainst the decision issued by the Adjudicatory Chamber of the Ethics Commission of the FIFA on November 18, 2020. He was then imposed a penalty of disqualification for life and a fine of 1 million Swiss francs for violation of Article 23 of the Code of Ethics of FIFA regarding the protection of physical and mental integrity, as well as Article 25 on abuse of position.
Sanction imposed in relation to acts of sexual harassment and abuse against female soccer players, including minors, as well as abuse of position in relation to his role as president of the Haitian Soccer Federation during the period 2014-2020.
Statements confirm nothing
In May 2020, the Investigative Chamber of the FIFA Ethics Committee opened an investigation into Yves Jean-Bart following an article published in “The Guardian” newspaper stating that Yves Jean-Bart had allegedly coerced several players from the Croix-des-Bouquets National Technical Center into having sexual relations with him.
In the course of the investigation, Human Rights Watch (HRW) confirmed the allegations against Yves Jean-Bart and FIFPro provided the Investigative Chamber of the FIFA Ethics Committee with a document listing more than 30 alleged victims of Yves. Jean Bart.
On November 20, 2020, based on the final report of the FIFA Ethics Committee, the statements of Yves Jean-Bart and the statements of the Chairman of the Investigative Chamber of the FIFA Ethics Committee, the Awarding Chamber of the FIFA Ethics Committee issued the sanction that has now been challenged.
On January 27, 2021, Yves Jean-Bart filed an appeal with the CAS requesting the annulment of the Appealed Decision, alleging that he was innocent of the charges against him. A panel of three arbitrators, consisting of Alain Zahlan de Cayetti, President (France), Pierre Müller (Switzerland) and Luigi Fumagalli (Italy), was constituted to decide on the appeal.
On March 23, 24 and 25 of last year, the hearing took place during which numerous witnesses were heard, some of whom benefited from special protection measures.
Very forceful award of the TAS
In their award, the Panel of Arbitrators chosen by the CAS unanimously pointed out inconsistencies and inaccuracies in the statements of the victims and witnesses presented by FIFA. In addition, the Panel does not consider the information contained in the documents produced by third parties, such as Human Rights Watch and FIFPro, to be sufficiently probative, since it was not corroborated or confirmed by other regularly administered evidence that could or would have served as the basis for investigative measures to verify its validity.
In conclusion, the Panel of Arbitrators considers that the evidence against Yves Jean-Bart of possible sexual abuse is inconsistent, unclear and contradictory and that, consequently, it is not sufficient to demonstrate a violation of articles 23 and 25 of the Code of Ethics of FIFA. Consequently, they have upheld the appeal and annul the sanctions.
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