– I cannot remember similar examples like this. The decision is clumsy and outrageous from Fifa, says Bård Racin Meltvedt to news. Meldvedt is a lawyer and was a Cas judge for eight years until 2010. Among other things, he has been present as a Cas representative during the football European Championships. REACTS: Former CAS judge Bård Racin Meltvedt on Fifa’s rainbow decision. Photo: news Meltvedt says that most cases that reach the Court of Arbitration for Sport (Cas) are linked to sporting issues. He therefore believes that the Germany case stands out in history in particular. – Here the court is being asked to take a position on a sporting political statement made in a championship with associated sanctions, he says. Thinks Fifa will lose It was the major German newspaper Bild that reported that Germany will take Fifa to the sports arbitration court. They want that after Fifa threatened with sporting punishment if captains wore rainbow armbands during matches in the World Cup. Before Germany’s first World Cup match against Japan, the German national team clearly stated what they thought of Fifa’s no to rainbow armbands: – Fifa has stopped us from showing a symbol of diversity and human rights. They have done it at the same time as threatening us with sporting sanctions, without specifying them, said Steffen Simon of the German Football Association. According to Bild, the German association wants the matter to be dealt with quickly, so that an initial decision can be made within 48 hours. – It is a natural step for the German Football Association to take. Based on my knowledge of judges in Cas, i.e. former colleagues of mine, many will have great sympathy for Germany’s decision to take this in, says Meltvedt. news has been in contact with CAS on Wednesday morning. They state that they have still not received an appeal from Germany. At the same time, they confirm that they have a panel in place in Qatar, which is ready to deal with such a complaint within 48 hours. – If you had been the judge in this case, what would the decisions have been? – Then I think that the decision would have been for Fifa to stay away from this and accept that nations, which participate in a World Cup with such totalitarian and undemocratic principles, will make this type of political statement, says Meltvedt, who believes the same decision will be decided in Cas – the court. – Here faith and hope become the same for me. I hope that Cas will vote for Germany, and order Fifa to lift the sanction they have made of a sporting nature, he says. – Scandal if Germany does not win In practical terms, a possible case will take place by Germany submitting its petition to Cas. Judges are then summoned and presented with the case. The president of Cas chooses the judges, who will then make a decision. – It is clear that if you have a referee from an Arab country, that person will vote against there being no breach of Fifa’s regulations. But if you have a judge from western democratic culture, they will vote for this to be a breach, says Meltvedt. news has asked Cas which judges are present in Doha, but the arbitration court has not yet responded. At a press conference on Tuesday, the Danish Football Association came out hard against Fifa, and at the same time confirmed that Germany is starting a legal investigation. Meltvedt believes this means that Germany is taking the case to Cas and is expecting a quick decision. The now retired sports lawyer Gunnar-Martin Kjenner has no doubt that the German Football Association has a good case. – It’s about universal rights and that you can’t be allowed to highlight what I call universal rights, I think… I would almost say it’s a scandal if Germany doesn’t win, he says to news. NO DOUBT: Sports lawyer Gunnar-Martin Kjenner. Photo: Heiko Junge / NTB scanpix – Fifa will obviously argue with its own laws and rules, but it is the case that sport does not live in its own world. Like all other organizations and countries, it is subject to the overall rules. There is no exception even if you are big, rich and global, says Kjenner. If Fifa loses a case against the German Football Association, they will not be imposed any kind of punishment or sanctions, according to Meltvedt. However, Fifa’s decision to deny countries the use of rainbow armbands will no longer be binding. The countries can thus do what they themselves think is sound and reasonable. – Fifa can possibly appeal the decision, but it is incredibly unlikely that it will take place, says former Cas judge Meltvedt.
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