For chibi | Moroccan lawyers are threatening to resort to international justice

The Moroccan Lawyers Club got involved in the case that sparked controversy between Moroccan defender Mohamed Al-Shaibi and a player Pyramids Al-Masry, and Hussein Al-Shahat, the Al-Ahly player, after she transcended what is sports and reached the Egyptian judiciary.

Last Thursday, the Board of Directors of the Egyptian Football Association decided to suspend El-Sheibi for 6 matches and fine him 100,000 Egyptian pounds on the grounds that he violated the regulations. The Egyptian player was also convicted of one year’s suspended imprisonment, and deprived of membership in the Board of Directors of any sports body for a period of five years. .

And issued club Lawyers in Morocco issued an official statement today, Sunday, June 2, regarding the case of Mohamed El-Chibi, stressing their absolute support for the Moroccan international to regain his rights and emerge victorious in his case.

Statement of the Moroccan lawyer regarding Al-Chibi

The statement said: “Following the decision of the Egyptian Football Association to impose arbitrary sanctions on the Moroccan player Mohamed El-Shaibi, a player for the Egyptian Pyramids team, after he went to the regular judiciary following the assault he was subjected to by Al-Ahly player Hussein El-Shahat, the Moroccan Lawyers Club expresses its strong condemnation and denunciation of this.” Decisions that violate basic legal rights.”

He highlighted: “Although Article 38 of the Disciplinary Regulations of the Egyptian Football Association stipulated preventing “game elements” from resorting to regular courts to resolve sports disputes, this broad and ambiguous article directly contradicts the Egyptian Constitution. Article 97 of the Egyptian Constitution stipulates However, “litigation is a right protected and guaranteed to all. The state is committed to bringing litigation parties closer together, and works to expedite the adjudication of cases. It is prohibited to protect any administrative action or decision from judicial oversight. A person may only be tried before his natural judge, and exceptional courts are prohibited. The last paragraph refers directly to the sports courts.”

The statement continued: “It is worth noting that Article 54 of the FIFA Basic Law stipulates that the Sports Court decides on sports disputes related to football, but it has never prohibited the player’s right to resort to ordinary justice. On the contrary, this right remains guaranteed to any citizen under the agreements.” International law, which recognizes the right to litigation as a basic human right.

He added: “Article 8 of the Universal Declaration of Human Rights stipulates that every person has the right to resort to competent national courts, for effective redress for any actions that violate the basic rights granted to him by the Constitution or the law. Article 10 of the same Declaration also stipulates that “Every human being has “The right, on full equality with others, to have his case heard by an independent and impartial tribunal, in a fair and public manner, to determine his rights and obligations and any criminal charge against him.”

He continued: “As Article 14 (1) of the International Covenant on Civil and Political Rights stipulates, ‘All people are equal before the judiciary. Every individual has the right, when deciding any criminal charge against him or his rights and obligations in any civil suit, to have his case heard fairly and publicly by a competent, independent and impartial court established by law.”

Fawzi Lakjaa, President of the Moroccan Football Federation, Winwin

The statement continued: “In this context, the light and biased penalties imposed on Hussein Al-Shahat are the main reason for Muhammad Al-Shahat to go to the regular judiciary. The dispute between Al-Shahat and Al-Shahat is not a purely sporting dispute, but rather a misdemeanor in accordance with the requirements of the Egyptian Penal Code, and thus, His criminal responsibility is outside the Football Association’s regulations, and outside of disciplinary penalties. This assault must be treated as a misdemeanor that requires recourse to the criminal justice system to ensure justice.”

He pointed out: “Also, the player Mohamed Al-Shaibi’s right to seek recourse to the ordinary judiciary is based on the provisions of Articles No. 83 to 95 of the Egyptian Sports Law, No. 71 of 2017. These articles of the Egyptian Sports Law clearly stipulate the player’s right to litigation. This is evident in the freedom of asylum.” To the judiciary when it comes to a misdemeanor or crime.

He added: “Also, the Egyptian Football Association showed clear bias towards the player Hussein El-Shahat, who has not yet apologized publicly, which increases the imbalance and unfairness in the application of sanctions.” We, at the Lawyers Club in Morocco, see that the Egyptian Football Association has fallen into disbelief. A grave error and misjudgment in the interpretation of these regulations, when it confiscated the player’s right to resort to ordinary justice, which is a constitutional and legal right that cannot be restricted by sports regulations. Article 38 of the Egyptian Discipline Regulations cannot trump the Constitution and international conventions that recognize the right of individuals to litigate.”

He concluded: “Therefore, we call on the Egyptian Football Association to reconsider these decisions, and to comply with international and constitutional laws that guarantee the right to litigation. We will also write to all international sports bodies in order to intervene to protect the rights of players and ensure that they are not subjected to any form of discrimination or injustice.” “.

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