Is the activity of the ethics committee of the football federation legal? / Possible invalidity of rulings and statements + document
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According to the sports reporter of Fars News Agency, after the request of the members of the board of directors of the Football Federation to remove and dismiss Shahab Azizi Khadem from the presidency of the federation (See here), Yesterday we suddenly witnessed strange actions by the ethics committee of the federation; An issue that provoked serious criticism.
In a situation where Mehrdad Seraji, a member of the federation’s board of directors, pointed to a corner of the football federation’s violations during the one-year presence of Azizi Khadem in the national media (See here), Was suddenly banned by the ethics committee; It was with a letter that was not posted on the output of the federation’s website and was notified through cyberspace. This was the beginning of a serious skepticism and ambiguity, which even simple and preliminary studies prove; Illegality of the activity of the ethics committee.
On the other hand, the ethics committee, with unprecedented and threatening statements on the federation’s website, in a way drew a line for the members of the board of directors and the media and announced that it would deal with violators who are trying to disturb the peace of football! The committee that has been under sharp criticism for issuing a weak vote for Mohammad Hossein Kananizadegan for acting immorally and far from national and moral dignity, and experts believe that this committee did not deal properly with the national team defender and delayed the issuance of votes in the last year. Various and constant passivity has made the voices of the football people, now threatening those who want to take legal action against the violations in the federation and correct the current path.
However, studies show that the activities of this committee from the day of the assembly until today have faced serious problems with the constitution, in other words, it is illegal and its provisions are not valid, but on the day when the board members’ request to fight With the registered violations, by issuing an unusual and unprecedented statement, he publicly supports the president of the federation who is on the verge of dismissal.
There are various reasons for the lack of legal validity of the work of the ethics committee, which is clearly shown by a simple review of its statutes. First of all, it should be noted that the ethics committee is one of the independent pillars of the federation and any activity of this committee should not be influenced by individuals and external decisions. We hope that Asadi Moghaddam, who is chairing this committee, will pay special attention to this issue and know what an important mission and duty this committee has. Of course, the independent bodies carry out their affairs in accordance with this statute and the relevant regulations, which we will clarify about this soon and in the following articles. Independent bodies include independent committees and judicial bodies. (Picture below)
According to the constitution of the federation, the candidates who get the most votes are selected for the post of president, vice president and independent bodies of the federation, audit committee, election committees and judicial bodies, but in the previous election assembly, no voting was done for members of independent committees. Failed. Shortly afterwards, the federation issued a statement announcing that the members of the committees were “currently” working to decide on them at the earliest opportunity. In this way, any vote by the ethics committee, while no voting in the assembly has taken place for them and no election has taken place, is considered ineffective. In fact, the activities of this committee at this time were contrary to the statute and lacked legal authority. (Picture below)
Clause 4 of Article 62 of the Articles of Association also explicitly states that the Chairman, Deputy Chairman and members of the judiciary are elected by the General Assembly upon the proposal of the Board of Directors, but the selection of this committee was not made by the Assembly and the legal procedure was clearly violated. Under these circumstances, there is now the idea based on the provisions of the statute that the activity of these legal committees is not and any action is considered unjustified. (See the picture below and paragraph 4 of the articles of association)
Given the legal implications, another ambiguity must be added to the Football Federation’s disastrous performance over the past year, as the federation and its president have been working since March 31, 1999 to select independent federation committees, including the ethics committee. Did not give.
Even now, the committee, whose activities under the statute have obvious flaws and inconsistencies, has publicly issued a verdict in support of the president of the federation against one of the petitioners for the removal of Azizi Khadem from the board, which has increased the scope of suspicions and speculations. . Of course, based on this information, all the activities of the year have a serious ambiguity, and yesterday’s events are considered ineffective until the time of the federation assembly to decide on the task for this committee.
These and other issues that we will address clearly indicate that the ethics committee currently lacks a legal basis and statute. Accordingly, all its actions are considered ineffective and contrary to the rules of the federation and must be considered incomplete. Of course, let’s say that entering the process of dismissing the current president of the federation has raised a big and strange question mark for this committee and its activists.
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