DATE: 22nd of October 2014
CAN LUIS SUAREZ PLAY THE ‘CLASICO’?
In Spain has been published that the
Luis Suarez’s ban ends on 25th of October, regarding the CAS’
resolution. This argument is based on the fact that the media release issued by the CAS on 14th
of August stipulates the period of the punishment all of us know (4 months) starts
on 25th of June. This source (MARCA.com, AS.com and StadiumNews.com) states that the disciplinary
measure about match suspension should be complied until the 25th of
October (including itself) because the term starts to run the following day
(that is the 26th of June, “from day to day” term). This reasoning
also implies that Luis Suarez is not able to play the match against Real Madrid
this Saturday (25th of October) and Barça could be punished for an
incorrect line-up.
The point is that the CAS explicitly
specifies the date when the ban starts on 25th of October, when the
sanction to the Uruguayan player as well as the Uruguayan Federation was
notified to him on 26th of October. This change of date could not be
a coincidence. In fact it should not taking into account the circumstances. It
is fair thinking that this episode was alleged at the hearing.
In a press release published on the
FC Barcelona website, the Catalan football club reported that “Luis Suarez can play in the ‘Clásico’ at the Santiago Bernabéu on October 25 at 6.00 PM CET. The Court of Arbitration for Sport
(CAS) has confirmed to FC Barcelona that the Uruguayan’s suspension will end at
midnight on Friday 24 October, thus clearing him to appear in first official
fixture for his new club, against none other than Real Madrid, should Luis Enrique opt to play him.”
The interpretation which stands that Suarez
cannot play the ‘Clasico’ is based on a wrong translation of the Spanish Law
about the terms to this case. This source has confused the periods to appeal
and the periods of execution of penalties or sanctions. Moreover the applicable
law on this subject is not the Spanish law. However the applicable law is,
obviously, FIFA Regulation, and more specifically, the FIFA Disciplinary Code,
and in alternative, the Swiss Law (FIFA ban).
There are no grounds to uphold this
thesis due to the article 106 FIFA Disciplinary Code provides that the decisions “come
into as soon as they are communicated.” It is true that the FIFA statement is
notified on 26th of October and from here, except interruption or
temporary suspension (it has not been), should be counted four months including
the 26th of June, therefore the term would end at 11:59pm on 25th
of October and Suarez could not play the match. But we should bear in mind that
the CAS established the term of the ban started to run on 25th of
June, not the 26th. The reason could be that the Suarez’s lawyers
claimed at the hearing a compensation for the delay to communicate the sanction
due to the incident occurred on 24th of June and FIFA Disciplinary
Committee “ad hoc” at Rio de Janeiro adopted the sanction on 25th of
October and the statement was known by the Association and the player the
following day, namely 1-day delay.
Therefore, despite the sanction was
known by Suarez on 26th of June, the CAS’ decision it is clear
establishing that the ban starts in the 25th and we need to be taken
into consideration the CAS’ resolutions are final, conclusive and binding on
the parties.
Moreover, to reaffirm this position,
FIFA communicated yesterday that Luis Suarez "will be empowered to play in
official matches with Barcelona from October 25, 2014", said to the media
agency DPA a FIFA’s spokesman.
In conclusion, Luis Suarez can play
the ‘Clasico’ against Real Madrid at the Santiago Bernabeu if Luis Enrique
deems it is necessary, because the end of the ban is on 24th of
October at 11:59pm, based on the CAS resolution.
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