Under what criteria could the Bicolor attend the World Cup? Lawyer Julio García responds

It’s over! The FIFA Appeals Committee put an end to the Byron Castillo case despite the evidence presented by the Chilean team. Through a statement, the ruling was reported in favor of Ecuador. “It has been estimated that the player should be considered a holder of permanent Ecuadorian nationality, In accordance with art. 5, par. 1 of the Regulations for the Application of the FIFA Statutes”, detailed the organization on its website.

Later, La República Deportes spoke with the lawyer Julio Garcia to see the instance that remains to be faced, if Byron Castillo is actually Ecuadorian and under what criteria the Peruvian team would be present at the Qatar 2022 World Cup.

—After the ruling of FIFA, is there a possibility that the CAS leans in favor of Peru or Chile?

It is not difficult for that to happen, the TAS it is the only impartial instance with respect to the institutions. This, without doubting the ability of the FIFA judges. However, the only neutral body by nature is the TAS. After hearing the ruling in favor of Ecuador, Peru and Chile could appeal. In that instance, the highest entity in world football will defend its position.

—Under what criteria could the Chilean team be present at Qatar 2022?

—What Chile is claiming is an improper alignment by nationality, claiming the points played against Ecuador. For the Red to be favored, there would have to be a statement from the Ecuadorian State because it is the only one that can grant and remove nationality. That cannot be done by FIFA and I would think neither by the TAS.

—Is Byron Castillo Ecuadorian?

– Who had more doubts that Byron Castillo Ecuadorian era is her own Ecuadorian Football Federation (FEF). Suddenly, he says that justice has already been resolved and he no longer doubted that the player is Ecuadorian. I have taken the time to review the judicial resolutions that Ecuador presented and nowhere does it say that, but quite the opposite. The resolution says that the Civil Registry cannot leave Mr. Byron Castillo without nationality and he had to return the identity card and passport. This while the veracity of the documentation is reviewed. According to the Ecuadorian authority, it has not yet been decided whether Byron Castillo he is ecuadorian

—What would be the times for Chile or Peru to appeal to the TAS?

From this moment, both countries are enabled to resort to the TAS. Normally, this body will request the grounds for the decision. Today (Friday, September 16) only the operative part (judgment) has been known, but the fundamentals will be known in the next few days, that may take more than a week. The Arbitration Code already enables Peru and Chile to request a precautionary measure. The TAS fails immediately.

—Under what criteria would the Peruvian team play the Qatar 2022 World Cup?

The only sanction that benefits Peru is the exclusion of Ecuador from the World Cup. If I am not mistaken, the FIFA Disciplinary Code speaks as the exclusion of the team from the tournament in which the foul was committed. In this case, the Qatar 2022 World Cup Qualifiers. Now, this is more complicated because there are third parties (Ecuador’s rivals in the World Cup) who would have the right to comment.

—Does Peru have a chance of being in the World Cup?

I think the chances are not high. Legally, strictly speaking, the issue could be discussed due to a serious fault of Ecuador. In case the ruling is against the Tricolor, there is a greater possibility that it will be excluded (beneficiary Peru) than to be sanctioned for an improper alignment (beneficiary Chile).

—If the Bicolor is benefited, how would the contract that Gareca had with the Bicolor be done?

-I do not think that in that case a lawyer for Ricardo Gareca will claim compensation to go to the Qatar 2022 World Cup. Both parties acted in good faith. In addition, there is already another coach (Juan Máximo Reynoso) in charge of the Peruvian team.

“Finally, how do you think this case will be resolved?”

Ecuador is more likely to play the World Cup, I find it difficult to adopt a contrary position. On the other hand, from the legal point of view and the information that I have seen, I would believe that it is possible to discuss whether the FEF acted correctly. If it were just a legal process, I would dare to say that Ecuador should be expelled. As it influences different edges, the proportion would be 75% (in favor of Ecuador) and 25% (in favor of Peru or Chile).

Source-larepublica.pe