The actions of the Swiss have signs of discrimination - legal assessment of the decision to cancel the match "Ukraine - Switzerland" – media
On November 17, an unprecedented event in the history of world and Ukrainian football took place - the cancellation of the last match of the elite group A4 of the League of Nations "Ukraine - Switzerland". The likely reasons and consequences of this decision now actively discussed in the football community. The last word is for UEFA, the corresponding meeting of members will held this month.
The lawyer of the Ukrainian association of football, the president of the Ukrainian Bar Association, an expert on sports law and arbitration Denis Bugay gave the legal assessment of the situation, writes the "Dsnews.ua".
First, according to him, judging by all official reports, it can be stated, that the local authorities of Switzerland did not take any measures to verify the validity of the decision of the Lucerne sanitary doctor, and also unreasonably refused the Ukrainian side to carry out PCR tests again.
"Ruslan Malinovsky, Serhiy Kryvtsov and Junior Moraes received positive tests for COVID-19 in Switzerland. It was the only one motive for Lucerne's chief sanitary doctor Roger Harstall to deny the Ukrainian team permission to play.
The local authorities were clearly aware of the negative consequences that this decision could have for the Ukrainian team, in particular, a decrease in the division. But the Swiss side did not take any measures to verify the validity of their doctor's decision. This is the first thing. Second - unreasonably refused to make PCR tests to other players of the national team. Third, they refused to retest Malinovsky, Moraes and Krivtsov", - he said.
In addition, there is a strange precedent when the same doctor allowed the FC Lucerne team to take part in a match with FC Zurich if one of the players tested positive.
"On November 6, the Department of Health of the Canton of Lucerne allowed the FC Lucerne team to take part in the match against FC Zurich if one of the players tested positive. Such different approaches in the admission of foreign and local teams to the match raise reasonable doubts. From a legal point of view these actions contain signs of discrimination against the Ukrainian side, which is prohibited by the generally recognized principles and norms of international law", - he explained.
The lawyer added, that during the stay of the Ukrainian team in Lucerne, cafes, restaurants, entertainment and other public institutions operated on the territory of the canton. Therefore, from this point of view, the motives for arranging a lockdown only for one team are also controversial.
Bugay drew attention to the fact, that in Ukraine the entire national team and members of the UAF delegation received negative results of "covid" testing.
"So, first of all, the Swiss side's actions contain elements of discrimination that is different with respect to the national team in the same circumstances, in the absence of objective justification. Secondly, we cannot exclude, that it could be interference with the results of the competition and attempt to remove the national team of Ukraine on promotion to the elite division next year", - says Bugay and adds, that for the match with Switzerland, Ukraine was in the penultimate place in the table, and Switzerland was on the last step.
Thus, in case of victory in the match of the Ukrainian national team or a draw, Switzerland risked leaving the elite division.
"Since the cancellation of the match with Switzerland affected not only the Ukrainian national team, but also the rights of all players, this is an opportunity to use the tools of the European Court of Human Rights to protect their rights", - the lawyer said.
He also said, that a legal position is already being prepared in order to recognize the actions of the Swiss side to cancel the match illegal and discriminatory.
“Appropriate appeals and lawsuits will be initiated with the administrative and judicial authorities of Switzerland to protect the interests of the national team. If the latter do not react to gross violations of the rights of the Ukrainian team and facts of discrimination, the issue will be referred to international organizations”, - Bugay concluded