CAS 2022 A 8751
CAS · Football (FIFA / CAS) · Switzerland · 16 Jan 2022
Why it matters
This case clarifies the standard of proof required for discriminatory chants under FIFA rules, particularly when audio evidence is ambiguous. The sole arbitrator held that the first incident of chanting 'culero' was proven to the required standard, but the second incident was not, as the audio could be interpreted as 'fuera Coito'. The case also confirms that isolated incidents of object-throwing and fights can still trigger sanctions under Article 16, even if security forces acted diligently.
Summary
On 8 September 2021, a World Cup qualifier between Honduras and the USA was played in San Pedro Sula, Honduras. During the match, the FIFA match commissioner and Fare Network reported incidents: discriminatory chants ('culero'), throwing of bottles and cans, and fights among spectators. The FIFA Disciplinary Committee fined FENAFUTH CHF 60,000 and ordered the next home match to be played with limited spectators (closing stands behind goals). FENAFUTH appealed to the FIFA Appeal Committee, which confirmed the decision. FENAFUTH then appealed to the CAS. The sole arbitrator reviewed the evidence, including videos of the chants. For the first incident (minute 33 of first half), the arbitrator found that the chant 'culero' was proven to the standard of 'sufficient satisfaction' under Article 35(3) of the FIFA Disciplinary Code, as FENAFUTH did not deny the fact but only disputed its duration and number of participants. For the second incident (minutes 43-45 of second half), the arbitrator listened to the videos and found that the audio was not clear enough to determine whether the chant was 'culero' or 'fuera Coito' (referring to the Honduran coach). Therefore, the second incident was not proven. Regarding the throwing of objects and fights, the arbitrator noted that FENAFUTH did not contest these facts and that the security forces' diligence did not exempt the federation from responsibility under Article 16(2). The arbitrator confirmed the sanctions, finding them proportionate. The appeal was dismissed, and the FIFA decisions were upheld.
The detail
Parties: Federación Nacional Autónoma de Fútbol de Honduras (FENAFUTH) v. FIFA
Case number: CAS 2022 A 8751
Outcome: Appeal dismissed; FIFA Disciplinary Committee and Appeal Committee decisions confirmed.
Quantum: CHF 60,000 fine
Applicable law: FIFA Disciplinary Code (2019 edition), Articles 13, 16, 35, 36, 40; CAS Code of Sports-related Arbitration
Issues in play: The case involved the interpretation of FIFA Disciplinary Code Articles 13 (discrimination) and 16 (order and security at matches), and the standard of proof under Article 35(3) ('sufficient satisfaction of the competent judicial body').
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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