The case involves Jeunesse Sportive de Kabylie (JSK), an Algerian football club, appealing against disciplinary sanctions imposed by the Confederation of African Football (CAF) following violent incidents during a match between JSK and USM Alger on August 23, 2014. The match ended tragically when a projectile thrown by JSK supporters struck and killed a player, Albert Ebossé. The Algerian Football Federation (FAF) initially sanctioned JSK with stadium suspensions and supporter restrictions. CAF's Executive Committee later extended these sanctions by suspending JSK from two editions of CAF interclub competitions (2015 and 2016). JSK appealed to the Court of Arbitration for Sport (CAS), arguing that CAF's Executive Committee lacked jurisdiction to impose such sanctions and that procedural guarantees, including the right to be heard, were violated.
The CAS panel examined whether CAF's Executive Committee had the authority under CAF's statutes and disciplinary code to impose continental-level sanctions. The panel found no explicit provision granting this power to the Executive Committee, noting that such decisions should be made by CAF's judicial bodies, not its executive arm. Additionally, the panel emphasized that procedural fairness, including the right to a hearing and reasoned decisions, was not upheld. JSK was not informed of the proceedings, denied access to the case file, or given an opportunity to defend itself, violating fundamental principles of due process.
The CAS also highlighted inconsistencies in CAF's disciplinary actions, referencing a similar case involving Egypt's Al Masry SC, where CAF did not impose continental sanctions despite a more severe incident. This inconsistency raised doubts about the legitimacy of CAF's decision against JSK. The panel concluded that CAF's decision was invalid due to jurisdictional overreach and procedural violations, annulling the sanctions. The ruling underscored the importance of clear jurisdictional boundaries and procedural safeguards in disciplinary actions within international sports governance.
The CAS's decision, finalized on August 6, 2015, reinforced that sports organizations must adhere to their own rules and ensure fair disciplinary processes. By annulling the sanctions, the CAS affirmed the necessity of procedural fairness and the right to a defense in disciplinary proceedings. The case serves as a significant precedent in sports law, emphasizing the need for transparency and consistency in the application of disciplinary measures.