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CAS 2020 A 7388 (CAS)

Why it matters

This case underscores the high standard of conduct expected of football officials, even in extraordinary circumstances. The CAS Panel applied the 'comfortable satisfaction' standard of proof and affirmed that a football official's involvement in vigilante justice, regardless of intent, violates core ethical duties. It also illustrates the deference CAS gives to internal disciplinary sanctions unless grossly disproportionate.

Summary

Manuel Irénio Lopes Nascimento, then President of the Football Federation of Guinea-Bissau and a member of FIFA's Fair Play Committee, was filmed participating in a mob lynching. The video showed him pouring a liquid (allegedly gasoline) on a bound victim surrounded by an angry crowd. Nascimento claimed he was simulating participation to protect the victim, having sent someone to buy liquid soap, and that he called the police. The FIFA Ethics Committee found him in breach of Article 23 (Protection of physical and mental integrity) of the FIFA Code of Ethics, imposing a 10-year ban and CHF 100,000 fine. Nascimento appealed to CAS. The CAS Panel applied the 'comfortable satisfaction' standard of proof under Article 47 FCE. It found insufficient evidence to support Nascimento's simulation story: no witness testimony, no call logs, and police reports referred to gasoline. Even if the liquid were soap, the Panel held that his conduct aggravated the victim's suffering and incited violence, violating Article 23(1)-(3). The Panel confirmed the sanction, noting it was not grossly disproportionate. The award highlights the duty of football officials to uphold human dignity and the strict liability for conduct that undermines football's reputation.

The detail

Parties: Manuel Irénio Lopes Nascimento v. FIFA

Case number: CAS 2020 A 7388

Outcome: Appeal dismissed; FIFA Ethics Committee decision confirmed: 10-year ban from football-related activities and CHF 100,000 fine.

Quantum: CHF 100,000

Applicable law: FIFA Code of Ethics (2019 edition), FIFA Disciplinary Code (2019 edition), CAS Code of Sports-related Arbitration

Issues in play: Article 23 (Protection of physical and mental integrity) of the FIFA Code of Ethics vs. the appellant's claim that he was simulating participation to protect the victim.

Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗

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