Andina

Peru's Guerrero may file appeal to Swiss Federal Court

Photo: EFE

Photo: EFE

16:08 | Lima, May. 14.

Even though Peruvian striker Paolo Guerrero will miss the 2018 FIFA World Cup, he still has a long way to go, legally speaking, said Jhonny Baldovino, legal advisor at Peru's Professional Soccer Players' Guild, or Safap.

CAS has reduced the suspension period in previous cases, but an increase like in the Guerrero case is something new.

The Court of Arbitration for Sport (CAS) panel imposed a 14-month period of ineligibility on 34-year-old Guerrero for taking no measures to prevent a prohibited substance from entering his body.

"In sporting terms, Guerrero will miss the World Cup, but legally speaking, he still has a long way to go," Baldovino told Canal N local channel.

"He can request an annulment of the arbitration award to the Swiss (Federal) Court, report failures in due process, violation of essential rights, etc.," he added.

Baldovino referred to the case of Brazilian Matuzalem, saying FIFA and CAS were rapped by the Swiss Federal Court for an attack on the rights of the said player.

He said this news leaves a bitter taste in the mouth. However, the information delivered so far by CAS is not very coherent, so he finds it necessary to assess the Court's arguments.

The CAS decided to increase Guerrero's suspension from 6 to 14 months, starting today, with the period of provisional suspension of 6 months already served by him being credited against the total period of ineligibility to be served. 

The FIFA Appeal Committee had considered that Guerrero had been able to establish that the adverse analytical finding had been caused by the ingestion of a tea containing a prohibited substance.

Nevertheless, it decided that the player bore some degree of fault or negligence (although not significant) in committing the anti-doping rule violation (ADRV) and "therefore that a proportionate period of ineligibility had to be imposed."

(END) RRC/CCR/RMB/MVB

Published: 5/14/2018