‘Chile’s claim is not going to prosper’, points out sports law specialist from Peru about the Byron Castillo case in FIFA | Soccer | Sports

Julio García, a lawyer specializing in sports law from Peru, considered that the complaint made by Chile to FIFA for alleged irregularities in the nationality of Byron Castillo, a player for the Ecuadorian national team, will not prosper, because it is outside the respective deadlines. to challenge results.

García was consulted by the press in his country due to the invitation made by FIFA to the Peruvian federation to “present positions” regarding the action taken by the Araucanians.

“I think it will not prosper. Chile is presenting a complaint when the possibility of challenging a result has already been exhausted. The term to challenge a result is short, because what is sought is to preserve the principle of sports integrity, the results on the field. That is why the deadlines are short. In the World Cup you have 24 hours to claim, in Spain you have hours (less) to claim a result and in Argentina, for example, it is two days; and in most countries it is three to five days. They are very short terms and from there you can no longer claim, “said the lawyer.

“This is a case (Byron Castillo), by far much more complex, because the local authorities are intervening, there is a trial and it is said that Ecuador at some point objected that he was Colombian, of course, but it is public. In the background, it ends up before the Ecuadorian justice because both the Ecuadorian civil registry and the Federation of Ecuador had doubts about the nationality, “added García in conversation with the program Mixed Zone from Movistar Sports from Peru.

García believes that the Peruvian Football Federation (FPF) should clarify the FIFA call and estimates that if there is a possible sanction for Ecuador, those from Rímac would not be affected at all.

“From outside there are several things to comment beyond what was commented by the lawyer of the Chilean Federation, Eduardo Carlezzo. The first is that I do not see how Peru could be negatively affected by a possible ruling on this issue in all scenarios, ”he said.

“In the most negative or favorable to Chile, Peru would remain as before with 24 points and -3 goal difference and eventually the request would be accepted 100% and the results of these eight games would be declared null and declared loser. to Ecuador and winner to its rivals what would happen is that Chile would occupy the fourth position for better goal difference than Peru, since it would equal it in points”, added the jurisconsult.

In addition, García differentiated the case of Byron Castillo with the remembered episode starring Nelson Cabrera and the points that the Peruvian and Chilean teams won at the table in the 2018 Russian Qualifiers.

“The case of Nelson Cabrera, the Bolivian player, when Chile claimed, he did it after the deadline and Peru also after the deadline. So, FIFA decided to know the matter ex officio, because it already had the information. In other words, neither Chile nor Peru found out about it and neither did it allow both countries to participate in the process, it was an ex officio process”, he specified.

“There is a precedent, but the big difference is that in the Cabrera case is that the direct breach of a FIFA rule that establishes that a nationalized player has to spend five years of residence in that country so that he can play for the selection of your new country. That was the rule violated and that is why FIFA takes the case ex officio, it is different, “concluded the Peruvian lawyer. (D)

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