Chairman of the Investigatory Chamber
|Maria Claudia Rojas|
Chairman of the Adjudicatory Chamber
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.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.
The Fédération Internationale de Football Association is a non-profit organization which describes itself as an international governing body of association football, fútsal, beach soccer, and efootball. It is the highest governing body of football.
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.The chamber has to inform all parties involved that an investigation is being carried out, except for situations in which such information could harm the investigations. Investigatory methods include written inquiries and interviews with the parties and other witnesses. Investigations can, if necessary, be conducted by several members of the chamber and can also be assisted by third parties. At the end of an investigation, the chamber delivers a final report to the Adjudicatory Chamber. Should new and important information regarding an investigation come to light, however, the chamber can reopen an investigatory process.
Criminal investigation is an applied science that involves the study of facts that are then used to inform criminal trials. A complete criminal investigation can include searching, interviews, interrogations, evidence collection and preservation, and various methods of investigation. Modern-day criminal investigations commonly employ many modern scientific techniques known collectively as forensic science.
Prima facie is a Latin expression meaning on its first encounter or at first sight. The literal translation would be "at first face" or "at first appearance", from the feminine forms of primus ("first") and facies ("face"), both in the ablative case. In modern, colloquial and conversational English, a common translation would be "on the face of it". The term prima facie is used in modern legal English to signify that upon initial examination, sufficient corroborating evidence appears to exist to support a case. In common law jurisdictions, prima facie denotes evidence that, unless rebutted, would be sufficient to prove a particular proposition or fact. The term is used similarly in academic philosophy. Most legal proceedings, in most jurisdictions, require a prima facie case to exist, following which proceedings may then commence to test it, and create a ruling.
A party is a person or group of persons that compose a single entity which can be identified as one for the purposes of the law. Parties include: plaintiff, defendant, petitioner, respondent, cross-complainant, or cross-defendant. A person who only appears in the case as a witness is not considered a party.
The Adjudicatory Chamber has to review the reports of the Investigatory Chamber and decide whether a case should be proceeded or closed.The Adjudicatory Chamber has the right to return a report to the Investigatory Chamber or carry out further investigations on its own behalf. 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.
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.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.
A reprimand is a severe, formal or official reproof. Reprimanding takes in different forms in different legal systems. A reprimand in custody may be a formal legal action issued by a government agency or professional governing board. It may also be an administrative warning issued by an employer or school.
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.
The FIFA Congress is the supreme legislative body of the International Federation of Association Football, commonly known by the acronym FIFA. FIFA is the international governing body of association football, futsal and beach soccer. The congress may be ordinary or extraordinary.
A term of office is the length of time a person serves in a particular elected office. In many jurisdictions there is a defined limit on how long terms of office may be before the officeholder must be subject to re-election. Some jurisdictions exercise term limits, setting a maximum number of terms an individual may hold in a particular office.
In its most general sense, the practice of law involves giving legal advice to clients, drafting legal documents for clients, and representing clients in legal negotiations and court proceedings such as lawsuits, and is applied to the professional services of a lawyer or attorney at law, barrister, solicitor, or civil law notary. However, there is a substantial amount of overlap between the practice of law and various other professions where clients are represented by agents. These professions include real estate, banking, accounting, and insurance. Moreover, a growing number of legal document assistants (LDAs) are offering services which have traditionally been offered only by lawyers and their employee paralegals. Many documents may now be created by computer-assisted drafting libraries, where the clients are asked a series of questions that are posed by the software in order to construct the legal documents.
The members of FIFA's judicial bodies must not serve as members of the Executive Committee or any other of FIFA's standing committees.
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.
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.Reviews must be conducted by another committee. Therefore, the Ethics Committee's members are being reviewed by the Audit and Compliance Committee, which in turn is being reviewed by the Investigatory Chamber of the Ethics Committee.
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,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.
|Maria Claudia Rojas (Investigatory Chamber)|
|Vassilios Skouris (Adjudicatory Chamber)|
|Djimrabaye Bourngar (Investigatory Chamber)|
|Alan Sullivan (Adjudicatory Chamber)|
|Bruno de Vita (Investigatory Chamber)|
|Member Investigatory Chamber|
|MEJIA PORTILLO Jose Ernesto|
|Member Adjudicatory Chamber|
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.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. In the beginning, the Ethics Committee was first headed by Sebastian Coe, and between 2010 and 2012 by the former Swiss football player and attorney at law Claudio Sulser.
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.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. The ICG was constituted as an external advisory board for FIFA by the Executive Committee on 17 December 2011. It had a mandate until the end of 2013.
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.Schenk refrained from becoming a member of IGC. Roger A. Pielke, Jr., who also authored an publication on the accountability of FIFA, stated in his blog The Least Thing that Pieth, or his Basel-based Institute of Governance, had received USD 128,000 for his work and could therefore not be regarded as acting independent. 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."
Much controversy also erupted around the question whether the IGC should be allowed to take a stance on earlier cases of potential corruption.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.
Following suggestions of the IGC's first reportin 2012, the FIFA Executive Committee decided to establish two independent entities, the Investigatory Chamber and the Adjudicatory Chamber, headed by experienced and independent legal professionals. The Ethics Committee is allowed to investigate present as well as previous allegations.
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.After a preliminary investigation was opened by the Ethics Committee's Investigatory Chamber, Damiani resigned from the Ethics Committee on 6 April 2016.
In early 2017 reports became public about FIFA president Gianni Infantino attempting to prevent the re-electionsof both chairmen of the ethics committee during the FIFA congress in May 2017. On 9 May 2017, following Infantino's proposal, the FIFA Council decided not to renew the mandates of Cornel Borbély and Hans-Joachim Eckert. Together with the chairmen, eleven of 13 committee members were removed. Borbely and Eckert claimed that when ousted, they were in the process of investigating hundreds of cases and that their removal was a "setback for the fight against corruption" and that "meant the de facto end of Fifa's reform efforts".
Football officials banned by FIFA Ethics Committee include:
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Issa Hayatou is a Cameroonian former athlete and sports executive. He served as the acting FIFA president until 26 February 2016 as the previous president, Sepp Blatter, was banned from all football-related activities in 2015 as a part of the FIFA corruption investigation of 2015. He was the president of the Confederation of African Football (CAF) between 1988 and 2017. In 2002, he ran for president of FIFA but was defeated by Blatter. He is also a member of the International Olympic Committee (IOC).
Amos Adamu was Director General of the Nigerian National Sports Commission for ten years before being redeployed in November 2008. Before his appointment as Director General, Adamu was the Director of Sports of the ministry for 10 years.
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Worawi Makudi, also referred in Thai media as Bung Yee is a Thai former football official. He was a member of the FIFA Council from 1997 to 2015. He served as the Football Association of Thailand's General Secretary from 1996 to 2007, before being elected president in 2007. In October 2015 Makudi was suspended by FIFA Ethics Committee from all football activities for 90 days. In February 2016 he was banned by FIFA Disciplinary Committee for three months after it was found that he had breached the previous ban. In October 2016 Makudi was banned by FIFA Ethics Committee for five years and fined 10,000 Swiss Francs for forgery and falsification.
Barbara Muhammad Sharief is an American politician and Broward County (Florida) Commissioner since 2010. She was re-appointed Mayor of Broward County for the 2016–2017 term, having previously served from 2013 to 2014. She is the county's first African-American female and Muslim Mayor. Sharief is also a former Miramar City Commissioner and Vice Mayor.
The Garcia Report was an investigation produced by Michael J. Garcia into allegations of corruption in world association football. Garcia was appointed in July 2012 to investigate ethical breaches at the FIFA, football's world governing body. A month later he announced an investigation into persistent public accusations of bribery and corruption in the 2018 and 2022 FIFA World Cup bids, which had been won in 2010 by Russia and Qatar respectively.
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Hans-Joachim Eckert is a German jurist. He was Presiding Judge of the business court division at the Regional Court Munich I from October 2005 to July 2015. Between 17 July 2012 and 10 May 2017, he was the first chairman of the Adjudicatory Chamber of the FIFA Ethics Committee.
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