FIFA Ethics Committee

FIFA Ethics Committee
Headquarters Zurich
Chairman of the Investigatory Chamber
 Cornel Borbély
Chairman of the Adjudicatory Chamber
 Hans-Joachim Eckert

The FIFA Ethics Committee is one of FIFA's three judicial bodies. It is organized in two chambers, the Investigatory Chamber and the Adjudicatory Chamber.[1] Its duties are regulated by several official documents, most importantly the FIFA Code of Ethics. FIFA's other judicial bodies are the Disciplinary Committee and the Appeal Committee.[2]

Investigatory Chamber

The Investigatory Chamber's main task is to investigate potential violations of the FIFA Code of Ethics. Investigations can be carried out at any time, on the discretion of the Investigatory Chamber. In prima facie cases, the chamber has to open investigations.[3] The chamber has to inform all parties involved that an investigation is being carried out,[4] except for situations in which such information could harm the investigations.[5] Investigatory methods include written inquiries and interviews with the parties and other witnesses.[6] Investigations can, if necessary, be conducted by several members of the chamber and can also be assisted by third parties.[7] At the end of an investigation, the chamber delivers a final report to the Adjudicatory Chamber.[8] Should new and important information regarding an investigation come to light, however, the chamber can reopen an investigatory process.[9]

Adjudicatory Chamber

The Adjudicatory Chamber has to review the reports of the Investigatory Chamber and decide whether a case should be proceeded or closed.[10] The Adjudicatory Chamber has the right to return a report to the Investigatory Chamber or carry out further investigations on its own behalf.[11] After reviewing a report of the Investigatory Chamber and after conducting further investigations if deemed necessary, the Adjudicatory Chamber sends a report to all parties involved and asks for their statements.[12]

In addition, the Adjudicatory Chamber has to finally decide on appropriate sanctions. Sanctions must relate to the three fundamental documents regulating the conduct of any person related to FIFA. These documents are the FIFA Code of Ethics, the FIFA Disciplinary Code and the FIFA Statutes.[13] Thus, sanctions can range from warnings and reprimands for lesser cases of misbehavior up to lifelong bans on taking part in any football-related activity worldwide.[14]

Membership

The chairmen of FIFA's judicial bodies and their deputies are elected directly by the FIFA Congress and can only be deposed from their offices by the FIFA Congress. The term of office is four years, members can however be re-elected. Chairmen and deputy chairmen of both chambers have to be qualified to practice law and the individual members of the two chambers should be put together in order to ensure an overall high degree of qualifications with regard to their task. In addition, the members of the Ethics Committee should also represent the respective FIFA member associations in an appropriate way.[15]

The members of FIFA's judicial bodies must not serve as members of the Executive Committee or any other of FIFA's standing committees.[16]

Independence

Both, chairmen and deputy chairmen of the two chambers of the Ethics Committee as well as the chairman of the FIFA Audit and Compliance Committee have to fulfill the independence criteria set up in the Standing Orders of the Congress.[17]

To ensure that the independence criteria are met by the respective committee members, annual reviews of the incumbent chairmen and deputy chairmen as well as candidates for chairmen and deputy chairmen of the Ethics Committee and the Audit and Compliance Committee are mandatory.[18] Reviews must be conducted by another committee. Therefore, the Ethics Committee's members are being reviewed by the Audit and Compliance Committee,[19] which in turn is being reviewed by the Investigatory Chamber of the Ethics Committee.[20]

In addition, the Ethics Committee conducts the integrity checks for the following FIFA offices: FIFA President, all members of the Executive Committee, chairman, deputy chairman and members of the Audit and Compliance Committee, and all chairmen, deputy chairmen and members of FIFA's judicial bodies,[21] with the obvious exception of the Ethics Committee itself, which is checked by the Audit and Compliance Committee. No FIFA committee is allowed to review or check its own members.[22]

Members

Name Nationality
Chairman
Cornel Borbély (Investigatory Chamber)   Switzerland
Hans-Joachim Eckert (Adjudicatory Chamber)  Germany
Deputy Chairman
Djimrabaye Bourngar (Investigatory Chamber)  Chad
Alan Sullivan (Adjudicatory Chamber)  Australia
Bruno de Vita (Investigatory Chamber)  Canada
Member Investigatory Chamber
Robert Torres  Guam
Jorge Iván Palacio  Colombia
Ahmed Yahya  Mauritania
Vanessa Allard  Trinidad and Tobago
Member Adjudicatory Chamber
Akihiro Hara  Japan
Yngve Hallén  Norway
Jack Kariko  Papua New Guinea
Alan Rothenberg  United States
Oscar Scavone  Paraguay
Anin Yeboah  Ghana

History

Since 1998, FIFA has implemented an increasing number of rules and regulations intended to modernize and improve the accountability and transparency of its governance processes.[23] In the wake of accusations of bribery of referees in 2006, FIFA decided to create an Ethics Committee, with the aim of investigating allegations of corruption in football.[24] In the beginning, the Ethics Committee was first headed by Sebastian Coe,[25] and between 2010 and 2012 by the former Swiss football player and attorney at law Claudio Sulser.[26]

However, it was not until 2011 that Mark Pieth, a criminal law professor at the University of Basel, Switzerland, and head of the so-called FIFA Independent Governance Committee (IGC), started to assess the FIFA-structures.[27] Pieth subsequently published a report with suggestions for an indepth reform of the Ethics Committee in order to establish a modernized body for FIFA-internal investigations and jurisdiction.[28][29] The ICG was constituted as an external advisory board for FIFA by the Executive Committee on 17 December 2011.[30] It had a mandate until the end of 2013.[31]

In the beginning, the IGC-report received substantial criticism, including from within the IGC itself. Sylvia Schenk, sports adviser of Transparency International (TI), criticized that Pieth received payments from FIFA for his work.[32] Schenk refrained from becoming a member of IGC.[33] Roger A. Pielke, Jr., who also authored an publication on the accountability of FIFA,[34][35] stated in his blog The Least Thing that Pieth, or his Basel-based Institute of Governance, had received USD 128,000 for his work[36] and could therefore not be regarded as acting independent.[37][38] Pieth, however, replied that it is best practice for any organization to remunerate audit reports, because "we can't start asking audit firms to do their job for free just to make sure they are independent."[33]

Much controversy also erupted around the question whether the IGC should be allowed to take a stance on earlier cases of potential corruption.[39] Meanwhile, this issue has been codified in the 2012 FIFA Code of Ethics. The Ethics Committee’s Investigatory Chamber has the right to investigate into previous allegations of bribery.[40]

Following suggestions of the IGC's first report[41] in 2012,[42] the FIFA Executive Committee decided to establish two independent entities, the Investigatory Chamber and the Adjudicatory Chamber,[43] headed by experienced and independent legal professionals. The Ethics Committee is allowed to investigate present as well as previous allegations.[44]

In 2016, committee member Juan Pedro Damiani was being subjected to an internal investigation over the legal assistance he had provided as a lawyer to Eugenio Figueredo, a football official who had been charged by US authorities with wire fraud and money laundering, as part of the 2015 FIFA corruption case.[45] After a preliminary investigation was opened by the Ethics Committee's Investigatory Chamber,[46] Damiani resigned from the Ethics Committee on 6 April 2016.[47]

Football officials banned

Football officials banned by FIFA Ethics Committee include

References

  1. ↑ "FIFA Organisation Regulations, Art. 8.1" (PDF). FIFA. 2013-03-21. p. 39. Retrieved 2016-02-11.
  2. ↑ "FIFA Statues, April 2015 edition, Art. 61" (PDF). FIFA. 2014-06-11. p. 43. Retrieved 2016-02-11.
  3. ↑ "FIFA Code of Ethics, 2012 edition, Art. 28" (PDF). FIFA. 2012-07-17. p. 24. Retrieved 2016-02-13.
  4. ↑ "FIFA Code of Ethics, 2012 edition, Art. 63" (PDF). FIFA. 2012-07-17. p. 42. Retrieved 2016-02-13.
  5. ↑ "FIFA Code of Ethics, 2012 edition, Art. 28" (PDF). FIFA. 2012-07-17. p. 24. Retrieved 2016-02-13.
  6. ↑ "FIFA Code of Ethics, 2012 edition, Art. 46" (PDF). FIFA. 2012-07-17. p. 34. Retrieved 2016-02-13.
  7. ↑ "FIFA Code of Ethics, 2012 edition, Art. 66" (PDF). FIFA. 2012-07-17. p. 43. Retrieved 2016-02-13.
  8. ↑ "FIFA Code of Ethics, 2012 edition, Art. 68" (PDF). FIFA. 2012-07-17. p. 44. Retrieved 2016-02-13.
  9. ↑ "FIFA Code of Ethics, 2012 edition, Art. 82" (PDF). FIFA. 2012-07-17. p. 52. Retrieved 2016-02-13.
  10. ↑ "FIFA Code of Ethics, 2012 edition, Art. 69" (PDF). FIFA. 2012-07-17. p. 45. Retrieved 2016-02-13.
  11. ↑ "FIFA Code of Ethics, 2012 edition, Art. 29" (PDF). FIFA. 2012-07-17. p. 25. Retrieved 2016-02-13.
  12. ↑ "FIFA Code of Ethics, 2012 edition, Art. 70" (PDF). FIFA. 2012-07-17. p. 45. Retrieved 2016-02-13.
  13. ↑ "FIFA Organisation Regulations, Art. 8.1" (PDF). FIFA. 2013-03-21. p. 39. Retrieved 2016-02-13.
  14. ↑ "FIFA Code of Ethics, 2012 edition, Art. 6" (PDF). FIFA. 2012-07-17. p. 11. Retrieved 2016-02-13.
  15. ↑ "FIFA Statues, April 2015 edition, Art. 61" (PDF). FIFA. 2014-06-11. p. 43. Retrieved 2016-02-13.
  16. ↑ "FIFA Code of Ethics, 2012 edition, Art. 61.5" (PDF). FIFA. 2012-07-17. p. 44. Retrieved 2016-02-13.
  17. ↑ "FIFA Statues, April 2015 edition, Standing Orders of the Congress, Art. 12.1" (PDF). FIFA. 2013-05-31. p. 77. Retrieved 2016-02-13.
  18. ↑ "FIFA Statues, April 2015 edition, Standing Orders of the Congress, Art. 12.2" (PDF). FIFA. 2013-05-31. p. 77. Retrieved 2016-02-13.
  19. ↑ "FIFA Statues, April 2015 edition, Standing Orders of the Congress, Art. 12.3" (PDF). FIFA. 2013-05-31. p. 77. Retrieved 2016-02-13.
  20. ↑ "FIFA Statues, April 2015 edition, Standing Orders of the Congress, Art. 12.2" (PDF). FIFA. 2013-05-31. p. 77. Retrieved 2016-02-13.
  21. ↑ "FIFA Statues, April 2015 edition, Standing Orders of the Congress, Art. 13.2" (PDF). FIFA. 2013-05-31. p. 78. Retrieved 2016-02-13.
  22. ↑ "FIFA governance reform process" (PDF). FIFA. 2013-03-21. Retrieved 2016-02-13.
  23. ↑ Browning, Lynnley (2015-06-05). "Corruption in FIFA? Its Auditors Saw None". The New York Times. Retrieved 2016-02-11.
  24. ↑ Longman, Jere (2006-06-08). "Betting Scandals Have the World Cup on Guard". The New York Times. Retrieved 2016-02-11.
  25. ↑ "Fifa unveils Coe as ethics czar". The Guardian. 2006-09-15. Retrieved 2016-02-11.
  26. ↑ "New FIFA ethics chief Sulser tells World Cup candidates to play fair in 2018, 2022 bid contest". Guelph Mercury. 2010-03-16. Retrieved 2016-02-11.
  27. ↑ Kuper, Simon (2012-03-23). "Can this man fix Fifa?". Financial Times. Retrieved 2016-02-11.
  28. ↑ Pieth, Mark (2011-09-19). "Governing FIFA" (PDF). University of Basel. Retrieved 2016-02-11.
  29. ↑ Farquhar, Gordon. "Plans unveiled to keep Fifa decision-making 'clean'". BBC. Retrieved 2016-02-11.
  30. ↑ "Lord Goldsmith appointed to Fifa reform panel". BBC. 2011-12-17. Retrieved 2016-02-11.
  31. ↑ "FIFA". Basel Institute on Governance. Retrieved 2016-02-11.
  32. ↑ "Transparency International cuts ties with Fifa". BBC. 2011-12-02. Retrieved 2016-02-11.
  33. 1 2 Panja, Tariq; Bandel, Carolyn (2011-12-01). "FIFA Adviser Withdraws Support From Anti-Corruption Program". Bloomberg. Retrieved 2016-02-11.
  34. ↑ "How to fix FIFA?". The Jakarta Post. 2015-06-14. Retrieved 2016-02-11.
  35. ↑ Pielke, Jr, Roger (2012-12-11). "How Can FIFA be Held Accountable?" (PDF). Sport Management Review. Retrieved 2016-02-11.
  36. ↑ Tanda, Jean François (2011-12-07). "Fifa: 120'000 Franken für Korruptionsgutachten" (in German). Handelszeitung. Retrieved 2016-02-11.
  37. ↑ Roger (2011-12-18). "Pielke, Jr.". The Least Thing. Retrieved 2016-02-11.
  38. ↑ Whittall, Richard (2015-06-22). "FIFA Needs a Miracle". The New Yorker. Retrieved 2016-02-11.
  39. ↑ "Transparency International repeats calls on FIFA to deal with the past". Transparency International. 2011-12-05. Retrieved 2016-02-11.
  40. ↑ "FIFA Code of Ethics" (PDF). FIFA. 2012-07-17. Retrieved 2016-02-11.
  41. ↑ "First Report by the Independent Governance Committee to the Executive Committee of FIFA" (PDF). Independent Governance Committee. 2012-03-20. Retrieved 2016-02-11.
  42. ↑ Scott-Elliot, Robin (2012-03-30). "Fifa accused of failing to look into corruption charges". Independent. Retrieved 2016-02-11.
  43. ↑ "Fifa president Sepp Blatter sets up new two-chamber ethics committee". BBC. 2012-03-30. Retrieved 2016-02-11.
  44. ↑ "FIFA unveils new crime fighting duo to tackle corruption in soccer". CNN. 2012-07-17. Retrieved 2016-02-11.
  45. ↑ Conway, Richard (2016-04-03). "Panama Papers: Fifa ethics lawyer Juan Pedro Damiani under internal investigation". BBC Sport. Retrieved 2016-04-04.
  46. ↑ Conway, Richard (2016-04-03). "Panama Papers: Fifa ethics lawyer Juan Pedro Damiani under internal investigation". BBC. Retrieved 2016-04-09.
  47. ↑ "Fifa ethics committee member resigns over allegations in Panama Papers". The Guardian. 2016-04-06. Retrieved 2016-04-09.
  48. 1 2 "Amos Adamu banned for three years by Fifa after corruption hearing". The Guardian. 2010-11-18. Retrieved 2016-09-23.
  49. ↑ "Fifa suspends Mongolian FA president for 'soliciting and accepting' bribes". The Guardian. 2014-10-15. Retrieved 2016-10-28.
  50. ↑ Conn, David; Oltermann, Philip (2014-06-13). "Franz Beckenbauer banned by Fifa for not taking part in World Cup inquiry". The Guardian. Retrieved 2016-09-15.
  51. 1 2 Homewood, Brian (2016-05-06). "Life bans for ex-South America FA duo Jadue, Bedoya". Reuters. Retrieved 2016-09-23.
  52. 1 2 "Fifa: Sepp Blatter and Michel Platini get eight-year bans". BBC. 2015-12-21. Retrieved 2016-09-15.
  53. ↑ "Disgraced Chuck Blazer given life ban from football by Fifa ethics committee". The Guardian. 2015-07-09. Retrieved 2016-09-15.
  54. ↑ Panja, Tariq (2014-11-11). "Football official who allegedly lied on integrity check banned by FIFA". The Sydney Morning Herald. Retrieved 2016-10-28.
  55. 1 2 3 "Former Safa chief executive among three officials banned". BBC. 2016-03-14. Retrieved 2016-10-23.
  56. ↑ Lim, SW (2012-10-02). "Fifa suspends Mohamed bin Hammam's aide, Najeeb Chirakal". Goal. Retrieved 2016-10-23.
  57. ↑ "Indian official banned for three years by Fifa for taking bribe". The Guardian. 2014-11-27. Retrieved 2016-10-28.
  58. ↑ "Independent Ethics Committee bans Aaron Davidson from football-related activities". FIFA. 2015-05-28. Retrieved 2016-09-21.
  59. ↑ Ruiz, Rebecca R. (2015-08-08). "How the 14 Indicted FIFA Defendants Currently Stand". The New York Times. Retrieved 2016-09-17.
  60. ↑ "FIFA suspends Executive Committee member Chuck Blazer". CNN. 2013-05-06. Retrieved 2016-10-23.
  61. 1 2 3 4 5 6 7 "The FIFA Case: Questions, Answers and Updates". The New York Times. 2015-05-28. Retrieved 2016-09-17.
  62. ↑ Peach, Simon (2011-07-23). "Bin Hammam handed lifetime ban from football". Independent. Retrieved 2016-09-15.
  63. ↑ Sprich, Ruben (2016-03-18). "FIFA ethics panel bans Bahamas' Havens for five years". Reuters. Retrieved 2016-09-23.
  64. ↑ "Fifa suspends Juan Ángel Napout and Alfredo Hawit for 90 days". The Guardian. 2015-12-04. Retrieved 2016-09-21.
  65. ↑ "Former senior FIFA official Lindile Kika banned for six years by organisation's Ethics Committee". Mirror. 2015-10-14. Retrieved 2016-10-28.
  66. ↑ Conn, David (2015-10-12). "Thailand FA president Worawi Makudi gets 90-day football suspension". The Guardian. Retrieved 2016-09-21.
  67. ↑ Gibson, Owen (2015-07-06). "Harold Mayne-Nicholls handed seven-year ban by Fifa's ethics committee". The Guardian. Retrieved 2016-09-23.
  68. 1 2 "Congo FA officials Mayolas and Wantete banned by Fifa". BBC. 2015-11-13. Retrieved 2016-10-28.
  69. ↑ "FIFA ethics judges impose 1-year ban on Qatari election candidate". CBC Sports. 2016-11-16. Retrieved 2016-11-19.
  70. ↑ Ziegler, Martin; Sale, Charles (2015-10-08). "Sepp Blatter and Michel Platini suspended by FIFA for 90 days over £1.35m payment from president to UEFA chief". Daily Mail. Retrieved 2016-09-21.
  71. ↑ Ziegler, Martyn (2015-12-04). "Accused FIFA pair Juan Angel Napout and Alfredo Hawit handed 90-day bans". Daily Mail. Retrieved 2016-09-23.
  72. ↑ "Fifa hands one-year ban to former DFB president Wolfgang Niersbach". The Guardian. 2016-07-25. Retrieved 2016-09-23.
  73. ↑ Allegretti, Aubrey (2015-06-01). "Enrique Sanz, Concacaf Boss, Suspended And Banned From Football By Fifa Ethics Board". The Huffington Post. Retrieved 2016-09-21.
  74. ↑ "FIFA ethics committee bans executives from Nepal, Laos". Reuters. 2015-11-16. Retrieved 2016-10-28.
  75. ↑ "Fifa bans Nepal FA president Ganesh Thapa for 10 years over bribery". The Guardian. 2015-11-16. Retrieved 2016-09-23.
  76. ↑ Gibson, Owen (2016-02-12). "Fifa's former secretary general Jérôme Valcke banned for 12 years". The Guardian. Retrieved 2016-09-21.
  77. ↑ "Fifa corruption: Congress opens as sponsor concerns grow". BBC. 2015-05-28. Retrieved 2016-10-28.
  78. ↑ Rumsby, Ben (2015-09-29). "Fifa scandal: Jack Warner banned for life". The Telegraph. Retrieved 2016-09-15.

External links

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