The court of arbitration for sport in Lausanne said lawyers for Bin Hammam and Fifa did not request an urgent ruling...
Reeb said 10 witnesses were cross-examined, but the court would not reveal their identities or details of the evidence and legal arguments.
Bin Hammam's lawyers were expected to challenge whether some of Fifa's evidence was admissible in court.
Eugene Gulland, read a prepared statement saying his client maintained his innocence. He declined to answer questions on why his client did not attend the hearing to face questions from Fifa's lawyers.
Fifa's legal team of the Swiss lawyer Antonio Rigozzi and Adam Lewis from England did not comment when leaving the court.
The Cas secretary general, Matthieu Reeb, said the parties appeared "satisfied" by the proceedings.
The culture of bribery inside FIFA makes the 2018 and 2022 bids void. The process was infiltrated by deceit before it even started and the people who were in power and the ones that were going to vote on the bids all knew that.
Re-do the 2018 and 2022 bids. They were a fraud from the start!
Justice must be public – secret justice behind closed doors has no place in a criminal procedure created by democracy and shaped by the principles of the rule of law.
23. The money managed by FIFA is money that belongs to football and not to its officials, but in addition no sports organization can become a place where the law does not apply and where corruption and fraud are in practice tolerated and go unpunished. What is at issue here is compliance with the rule of law.
1.8. To summarise, when the criminal procedure was started, it was clear that the ISMM (ISL) Group, in the context of contracts to be concluded with sports organisations, paid significant sums to football officials, and that FIFA was aware of this and was involved in the composition proceedings.
3.6.1. Natural person H The payments made over a period of years were intended to make use of his influence within FIFA so that contractual relations came about
3.6.2. Natural person E The payments were made in order to use his influence at FIFA in respect of the contracts of 12.12.1997 and 26.05.1998 ultimately concluded by FIFA
I believe it is extraordinary that he (Blatter) did nothing to make public all the information which FIFA had or has, and took no steps whether internally or via the courts to enable FIFA to obtain reparation. ...the money paid under-the-counter to certain unscrupulous officials should have been paid to FIFA.
“This order to discontinue proceedings is not subject to an absolute secrecy requirement”. It would therefore appear that FIFA is able to publish the document in question (which it must have in its possession as party to the proceedings) without waiting for a decision from the Swiss Federal Court.
Details of the money paid to various beneficiaries are shown below; the identities of those concerned cannot be given for reasons of legal protection of personal rights: *in swiss CHF ($1.00US = 1.320 CHF)
One member of the management of Sports Holding AG/ISMM AG declared that the favouring of well-known personalities in sport to promote sport policy and economic objectives dated from the 1970s, when sport became an economic player. ISL had pursued such practices since its foundation. This nurturing of relations had led to commitments which still continued. The activities had been shifted to a foundation with a single endowment.
3.4. ISL Properties AG as a company within the ISMM (ISL) Group made commission payments totalling CHF 122,587,308.93, in the aforementioned context between 1989 and 1998, although only part of this related to those natural persons against whom criminal proceedings were started.
“We want an explanation as to what this deal means,” member Marc Ferrer was quoted as saying in Sport newspaper. “I urge reflexion. Vote no so that a dictatorship does not become Barca’s sponsor.”
Barca president Sandro Rosell and his board of directors had been lobbying members to vote in favour of the agreement amid criticism the club was compromising its ideals by taking money from an unsavoury regime.
11.3 Task Force Revision of Statutes (cf. encl. separate booklet “draft FIFA Statutes Task Force Revision of Statutes” [encl. C], for information only, not to be submitted to vote by FIFA Congress)
11.4 Task Force Transparency & Compliance (cf. encl. separate booklet “draft FIFA Code of Conduct” [encl. D])
11.5 Independent Governance Committee
2. VOTE ON PROPOSALS for amendments to the FIFA Statutes, Regulations Governing the Application of the Statutes and Standing Orders of the Congress
12.1 FIFA Statutes
12.1.1 Proposals for amendments to the FIFA Statutes, the Regulations Governing the Application of the Statutes and the Standing Orders of the Congress (cf. encl. separate booklet “draft FIFA Statutes Congress 2012” [encl. E])
of chairman of the Audit and Compliance Committee and chairmen of both chambers of the Ethics Committee (if “draft FIFA Statutes Congress 2012” approved [cf. item 12. above])
Enclosed Document D is a draft FIFA Code of Conduct and document E is a set of draft amendments of the FIFA Statutes, Regulations Governing the Application of the Statutes and Standing Orders of the Congress. The latter document will be submitted to the vote by the FIFA Congress in Budapest.
Enclosed document C includes further proposals to amend the FIFA Statutes. These will be presented and discussed but not voted during the 2012 FIFA Congress in Budapest and have been provided to the member associations in order to be fully transparent and provide complete information on the proposals which have been made by the Task Force Revision of Statutes.
Draft FIFA Statutes Congress 2012 Regulations Governing the Application of the Statutes Standing Orders of the Congress
24 Candidates for the office of FIFA President, for the Representative of Women’s Football and for the chairmen, deputy chairmen and members of the Audit and Compliance Committee and the judicial bodies
4. The Executive Committee may submit proposals for the offices of chairmen, deputy chairmen and members of the Audit and Compliance Committee and the judicial bodies. The Executive Committee shall determine in advance the number of seats to be assigned to each Confederation in the relevant committee. Proposals shall be submitted, in writing, to the general secretariat at least four months before the start of the Congress. The procedure shall be laid down in the Organisation Regulations of FIFA.
25 Ordinary Congress agenda
2. The Congress agenda shall include the following mandatory items:
(r) election or dismissal of the chairmen, deputy chairmen and members of the judicial bodies and of the chairman, deputy chairman and members of the Audit and Compliance Committee (if applicable).
27 Elections, other decisions, requisite majority
4. For the election of the chairmen, deputy chairmen and members of the judicial bodies, of the Audit and Compliance Committee and of the Representative of Women’s Football, the candidate(s) who receive(s) the most votes in respect of the free seat(s) shall be elected. With regard to the chairmen, deputy chairmen and members of the judicial bodies and of the Audit and Compliance Committee, the election may be conducted en bloc. At the request of at least ten Members, however, a separate vote for a specific candidate shall take place.
31 Powers of the Executive Committee
5. The Executive Committee shall appoint the chairmen, deputy chairmen and members of the judicial bodies.
61 Judicial bodies
1. The judicial bodies of FIFA are: (a) the Disciplinary Committee; (b) the Ethics Committee; (c) the Appeal Committee.
2. The responsibilities and function of these bodies shall be stipulated in the FIFA Disciplinary Code and the FIFA Code of Ethics.judicial bodies shall consist of a chairman, a deputy chairman and a specific number of other members. The composition of the judicial bodies should respect the fair distribution of positions and take account of the Members.
3. The judicial bodies are to be composed in such a way that the members, together, have the knowledge, abilities and specialist experience that is necessary for the due completion of their tasks. The chairmen and deputy chairmen of the judicial bodies shall be qualified to practise law. The term of office shall be four years. The members may be re- elected or relieved of their duties at any time, although they may only be relieved of their duties by the Congress.
4. The chairmen and deputy chairmen of both chambers of the Ethics Committee shall fulfil the independence criteria as described in the Standing Orders of the Congress.
5. The chairmen, deputy chairmen and other members of the judicial bodies shall be elected by the Congress and may not be members of the Executive Committee or of a standing committee.
6. The responsibilities and function of the judicial bodies shall be stipulated in the FIFA Disciplinary Code and the FIFA Code of Ethics.
62 Disciplinary Committee
4. The Executive Committee shall issue the FIFA Disciplinary Code.
63 Ethics Committee
2.1. The function of the Ethics Committee shall be governed by the FIFA Code of Ethics. It is divided into an investigatory chamber and an adjudicatory chamber. The adjudicatory chamber shall take decisions if at least three members are present. The chairman may take decisions alone in specific cases.
2. The Ethics Committee may pronounce the sanctions described in these Statutes, the FIFA Code of Ethics and the FIFA Disciplinary Code on Officials, Players and match and players’ agents.
3. The Executive Committee shall issue the FIFA Code of Ethics.
4. The investigatory chamber of the Ethics Committee shall execute integrity checks for the chairman, deputy chairman and members of the Audit and Compliance Committee and for the members of the judicial bodies, and shall prepare a corresponding report, which shall be sent to the Members at least one month before the Congress.
5. The investigatory chamber of the Ethics Committee shall review, at least annually, that the independence criteria are met by the chairman and deputy chairman of the Audit and Compliance Committee.
6. The Audit and Compliance Committee shall conduct the reviews as set out above in respect of candidates for the offices of chairmen, deputy chairmen or members, or the incumbent chairmen, deputy chairmen or members of both chambers of the Ethics Committee.
7. The procedure concerning integrity checks (par. 4-6 of this article) shall be stipulated in the Organisation Regulations of FIFA.
The judicial bodies, the Audit and Compliance Committee and the Representative of Women’s Football shall be elected for the first time at the 2013 FIFA Congress. At the 2012 FIFA Congress, the Executive Committee shall present to the Congress for ratification the names of the individuals proposed to serve as the chairmen of the Audit and Compliance Committee and of both chambers of the Ethics Committee until the 2013 Congress. If any of the individuals proposed is not ratified by the Congress or resigns during the term of office before the 2013 Congress, the Executive Committee shall appoint a replacement. In the event of an election at the 2013 Congress, the incumbent office-holder’s first one-year term of office shall not be taken into account. Until the 2013 Congress, the Executive Committee shall be responsible for appointing the deputy chairman and members of the Audit and Compliance Committee, the deputy chairmen and members of both chambers of the Ethics Committee, the chairmen, deputy chairmen and members of the Disciplinary Committee and the Appeal Committee as well as the Representative of Women’s Football.
1. A candidate for the office of chairman or deputy chairman of the Audit and Compliance Committee or of either of the two chambers of the Ethics Committee shall not be considered independent if, at any time during the four years preceding his term, he or any family member (spouse, children, stepchildren, parents, siblings, domestic partner, parents of spouse/domestic partner and siblings and children of domestic partner): • held any paid position or material contract (directly or indirectly) with FIFA and/or any Member, Confederation, League or Club (including any of their affiliated companies/organisations); • was employed by FIFA’s outside legal counsel or by FIFA’s auditor (and was engaged in auditing FIFA); • held any paid or voluntary position with a non-profit organisation to which FIFA and/or any Member, Confederation, League or Club makes annual payments in excess of USD 100,000.
2. Details are stipulated in the Organisation Regulations of FIFA.
12 Integrity check
The President, the Representative of Women’s Football, the members of the Audit and Compliance Committee and the members of a judicial body who require election by the Congress shall be subjected to a prior integrity check by the investigatory chamber of the Ethics Committee. The integrity check shall be conducted again prior to a re-election or extension of the mandate. The Audit and Compliance Committee shall conduct the aforementioned integrity check for the chairmen, deputy chairmen and members of both chambers of the Ethics Committee.