Haiti - FLASH : The Court of Arbitration for Sport cancels the sanctions against Yves Jean-Bart - HaitiLibre.com : Haiti news 7/7

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Haiti - FLASH : The Court of Arbitration for Sport cancels the sanctions against Yves Jean-Bart
15/02/2023 09:03:56

Haiti - FLASH : The Court of Arbitration for Sport cancels the sanctions against Yves Jean-Bart
The Court of Arbitration for Sport (CAS) in Lausanne (Switzerland), canceled the life suspension by FIFA of the former President of the Haitian Football Federation, Yves Jean-Bart dit Dadou, for insufficient evidence.

In a press release published on Tuesday February 14, the CAS said it considered that the evidence brought against Yves Jean-Bart concerning the accusations of sexual abuse was inconsistent, imprecise and contradictory.

The CAS has accepted to admit the appeal of the former President of the Haitian Football Federation (FHF), Yves Jean-Bart alias "Dadou", against the decision of November 18, 2020 rendered by the Trial Chamber of the FIFA Ethics Committee imposing a lifetime suspension and a fine of 1 million Swiss Francs https://www.haitilibre.com/en/news-32340-haiti-flash-yves-jean-bart-banned-for-life-from-football-by-fifa.html for violation of art. 23 (protection of physical and mental integrity) and art. 25 (abuse of power) of the FIFA Code of Ethics in relation to acts of harassment and sexual abuse against female football players, including minors, as well as abuse of power related to his office as President of the FHF during the period 2014-2020 (the contested decision).

Let's recall that in May 2020, the Investigation Chamber of the FIFA Ethics Committee opened an investigation into Yves Jean-Bart following an article in the newspaper "The Guardian" https://www.haitilibre.com/en/news-30677-haiti-flash-football-sexual-abuse-yves-jean-bart-counterattack.html alleging that Jean-Bart allegedly coerced several players from the Center Technique National de la Croix-des-Bouquets ("Camp Nou") to have sex with him. During the investigations, the organization Human Rights Watch (HRW) confirmed the reproaches directed against Bart and FIFPro communicated to the Investigative Chamber of the FIFA Ethics Committee a document mentioning more than thirty victims. allegations of Jean-Bart. On November 20, 2020, based on the final report of the FIF A Ethics Commission, the statements of Mr. Jean-Bart and those of the President of the Investigation Chamber of the Ethics Commission of the FIFA, the Adjudicatory Chamber of the FIF A Ethics Committee has rendered the contested decision https://www.haitilibre.com/en/news-32340-haiti-flash-yves-jean-bart-banned-for-life-from-football-by-fifa.html

On January 27, 2021, Yves Jean-Bart filed an appeal to the CAS https://www.haitilibre.com/en/news-32901-haiti-news-zapping.html to request the annulment of the contested decision, considering himself innocent facts with which he was charged.

A Panel of three CAS arbitrators, composed of Me Alain Zahlan de Cayetti, President (France), Mr. Pierre Müller (Switzerland) and Me Luigi Fumagalli (Italy), was formed to rule on this appeal. A hearing was held on March 23, 24 and 25, 2022 during which many witnesses were heard, some of them benefiting from special protection measures.

In its award, the Arbitral Panel unanimously noted the lack of consistency and inaccuracies in the statements of the victims and witnesses presented by FIFA. In addition, the panel does not consider the indications contained in documents drafted by third-party organizations, such as HRW and FIFPro, to be sufficiently conclusive, since these indications, which could or could have served as a basis for investigative measures intended to verify its validity, have not been corroborated or confirmed by other means of proof regularly administered.

In conclusion, the Arbitral Panel considers that the evidence brought against Yves Jean-Bart concerning the accusations of sexual abuse is inconsistent, imprecise and contradictory and that, consequently, they are not sufficient to establish a violation of Articles 23 and 25 of the FIFA Code of Ethics. The Panel therefore decides to allow the appeal and cancel the sanctions set in the contested decision.

All about the Jean-Bart affair :

HL/ BF/ HaitiLibre

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