The Court of Arbitration for Sport (CAS) issued an award on 28 April 2022 in the case of Sayed Ali Reza Aghazada against FIFA, addressing disciplinary sanctions imposed on Aghazada, the former Secretary General of the Afghanistan Football Federation (AFF), for failing to report sexual crimes and protect players' physical and mental integrity. The CAS panel examined key legal principles, including the lex mitior principle, which allows for the application of more lenient rules if they benefit the accused, procedural fairness, and the admissibility of anonymous witness testimony. The panel clarified that while there is no inherent right to an in-person hearing under Swiss law or the CAS Code, parties must raise procedural objections promptly. Anonymous testimony was deemed admissible under strict conditions to protect witness safety, provided the decision did not rely solely on such testimony.
The case involved allegations of sexual harassment, abuse, and rape by AFF officials, including its former president, Keramuddin Karim. Aghazada was banned for five years and fined CHF 10,000 for failing to report these crimes. Evidence included an email from the Afghanistan Women’s National Football Team detailing abuses during a training camp in Jordan, which Aghazada allegedly ignored. Witnesses, including Players C and D, testified anonymously about systemic abuse, with Player C describing being sexually assaulted by Karim in a secret room and encountering Aghazada immediately afterward, visibly distressed. Aghazada dismissed her, handing her his business card and telling her to profit from the incident. Player D testified that Aghazada blocked her complaint from being filed.
Aghazada denied knowledge of the abuses until November 2018, claiming cultural barriers in Afghanistan made reporting unlikely. He argued procedural flaws in FIFA’s investigation, including late evidence disclosure and restrictions on his participation. FIFA maintained that Aghazada, due to his high-ranking position and proximity to Karim, must have known about the abuses and failed in his duty to report them. The panel found Aghazada’s claims implausible, given his close relationship with Karim and the systemic nature of the abuses.
The panel upheld FIFA’s sanctions, deeming them too lenient but bound by FIFA’s request. It emphasized Aghazada’s failure to protect players and his complicity in covering up the crimes. The ruling underscores the importance of accountability in sports governance and the need to protect vulnerable individuals from abuse. The CAS dismissed Aghazada’s appeal, confirming the five-year ban and fine, and rejected all other motions for relief. The case highlights the challenges of addressing institutional abuse while balancing procedural fairness and witness protection.