General Regulation, the Statute and the Rules of Offenses and Penalties are the documents that the Argentine Football Association asserts all its decisions. On Wednesday, San Lorenzo will play without their fans but there nothing to do? We think so.
AFA Statute provides in Article 40, which will be the Sports Disciplinary Tribunal who deal with and punish any transgression of the statute, regulations or resolutions of the authority of the AFA. In turn, stipulates in Article 47 of the same document that the decisions of the Disciplinary Tribunal shall be valid and enforceable upon publication in the Official Gazette of the AFA .
Because of the functions delegated to this Court is, then, is understood to any resolution to punish clubs, players, partners, employees, technicians, managers, referees or other staff who have links with the AFA should emanate from this body and be notified to the sanctioned through Gazette.
This statement validates when we analyzed the regulation of Offenses and Penalties to which the FAA bases its sanctions. There we can see, simply, what is the framework for arriving at a sanction formally recognized.
In the first instance, and in view of Articles 2, 3 and 4 of the Regulation, the AFA received a detailed report should be raised to denounce Sports Disciplinary Tribunal any abnormality, incident, disorder or violation has been observed before, during or after the game, or as a result. Article 5 gives the possibility to the Disciplinary Tribunal to act ex officio if it considers that the case merits.
completing this stage, and being accused of a Club or a Club official, is charged under Section 7 of the Regulation, which stipulates that the first regular session made by the Disciplinary Tribunal, after receiving a complaint, you should examine that.
After the detailed study of the charge, and if he thinks that it, it will be located to the accused (Clubs, club officers or club members) to take cognizance of the proceedings and make his defense in writing, within a specified period and mandatory.
Here begins a vital step in the process; the defense of the accused . This period can not be extended to take cognizance of the complaint and present the defense will be 5 consecutive days starting from the zero hour of the day following the publication of the resolution Official Bulletin of the AFA, to the official time of closure of the Office of the Disciplinary Tribunal of the AFA, the due date and if this corresponds to Sunday or holiday, the deadline is extended until the day after working at the same hour.
Once the actor is liable for punishment take notice via Government Gazette, may attempt a defense or by his silence, willing to accept the decision.
This scheme shows the relevance of the reports they receive under sanctions actors so that they do operate their right to defense. Such procedural value is clear from Articles 10 and 41 of Regulation providing that the site referred to in Article 7 will be announced through the Official Gazette of the AFA. The only requirement meets all regulatory formalities of notification. Article 41 goes a step further in the clarification and said that any decision or ruling of Sports Disciplinary Tribunal and the Court of Appeals will be made available through the Official Gazette of the AFA and enforceable from the date it is published.
However, since the incidents in court Velez March 20 until today, the Disciplinary Tribunal of the AFA, the only one with legitimacy to punish clubs, issued four official journals; The Nro.4496 posted 23 / 3, the Nro.4500 posted 31 / 3, the 4502 published on 8 / 4 and published 4504 Issue 15 / 4. In referring to the game San Lorenzo Velez, these documents only develop the procedural progress of the dispute between the two clubs for the amount of compensation that berates Vélez San Lorenzo by the devastation of the Amalfitani after the suspension of the meeting. None of these newsletters alludes to the penalty for which the resumption of the meeting stated in a neutral venue and behind closed doors .
From the AFA the only mention made regarding the party delayed 84 minutes for the 6th date appears in the Official Gazette no. 4503 for the Executive Committee (not the Sports Disciplinary Tribunal). In the Bulletin dated 13 / 4 provides for the continuation of game against Velez on 20 April, without reference to the stage designated or appointed time for such resumption. Much less is reported that the meeting be held without public .
Given this scenario, is clear that the AFA has committed a serious procedural error in violation of its statute and regulations to effectuate a sanction available against San Lorenzo de Almagro without the Club has had the opportunity to exercise their legitimate right to defense. The absence of a formal resolution by AFA Official Gazette to provide the penalty is a very strong argument that San Lorenzo could embrace mentoring partner's legitimate right to go to the stadium, now crippled by a penalty which becomes unjust, capricious and arbitrary behavior because Barca bias and also null and void.
The Silence of San Lorenzo de Almagro at this senseless abuse makes us complicit in a decision whose sole purpose is to camouflage the true responsibilities of those who willfully and negligently failed to ensure the safety of fans at Liniers .
is required leadership of interpreting and defending our fans before the tip us sneak attack who systematically denigrate their institutional roles. They neglected us, disrespect us, treat us like criminals, we kill and above have the audacity to be punished as if we were liable to punishment after the deplorable events in Liniers .
With this decision, just trying to make up the incompetence and carelessness with which they seem to work for security people. In accept it, would legitimize the exclusion of the fans as a possible sensible solution and therefore, we would allow to re-charge the fan of the tragedies suffered by the spectators themselves . Article 9 of Offenses and Penalties Regulations provides that clubs will only be represented before the Disciplinary Tribunal and the Court of Appeals by President and Secretary , or substitutes therefor. On Tuesday, Carlos Abdo, said: "The game is scheduled by the Court of Discipline, we must build on that. We must be calm, all these things lead to violence: they must always play with local groups, but we are respectful Act and the agencies say it is without people " .
We know where the decision of the Court of Discipline states that, indeed, weighs the penalty on the people of San Lorenzo.
is time to stand with the people and defend the Club.
We have until Wednesday.
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