The head of the Investigating Magistrate Number 10 of Valencia has summoned the three young people aged between 18 and 21 who were arrested last Tuesday as alleged perpetrators of a hate crime for investigation for making racist insults against Real Madrid player Vinicius on Sunday in Mestalla.
The instructor will also record a statement via videoconference, if the injured side, of the Brazilian player, has reported the Supreme Court of the Valencian Community in a statement that does not mention the date of said performances.
Prior to this report, the three persons under investigation must appear before the judicial authority to be informed of the rights that assist them in the application of Article 118 of the Law on Criminal Procedure.
The court opened the proceedings after receiving a report on a possible hate crime prepared by the information brigade of the police headquarters of the Valencian Community.
A complaint for the same facts filed by the National Professional Soccer League, an entity already considered a person in the case as a private accusation, has joined this preliminary ruling proceedings.
Likewise, the instructor has agreed to communicate the initiation of the case to the prosecution and to request the courts of Madrid to provide the necessary technical means to enable Vinicius Junior to make a statement through video conference, as the injured party.
On the other hand, in response to the investigative procedures requested by the League in its complaint, the order reflects that the recorded images of the incidents have already been collected and investigated by the National Police and included in the report.
However, the magistrate has decided to send a letter to Valencia CF urging them to keep this audiovisual material from the 72nd minute of the match in case it is needed at any point during the investigation.
The court will also subpoena the Valencian club to identify some security guards who were at work on the day of the match to call them to testify as witnesses.
On appeal, the penalty for closing the Mestalla stand is reduced to three games and the fine is reduced
The appeals committee of the Spanish Football Federation (RFEF) decided on Friday to partially assess Valencia’s appeal and reduced the closure of the Kempes stands at the Mestalla stadium from five to three games, and reduced the fine from 45,000 euros to 27,000 euros .
Appeal yesterday rejected Valencia’s request to temporarily suspend the sanction imposed by the Competition Commission, which on Tuesday the 23rd decided to partially close the venue due to racist insults directed by spectators at Real Madrid player Vinícius Júnior, in the league match played on the 21st.
The committee indicated that it could not grant the precautionary measure “because it is impossible to assess it without an appeal” and agreed to the club’s request that the “file” be handed over to it so that it was able to submit her claim, which was partially honoured.
Valencia based its appeal on the annulment of the contest resolution, for not following the procedure and rendering the procedure defenseless, for not having been able to analyze the video of the events as it had been sent to them just a few hours earlier, and accredited “the diligent compliance with their obligations and taking the required preventive measures”.
The club stated that if their arguments were not upheld, the facts should not be classified as serious as they were and the coincidence of a mitigating circumstance should be appreciated.
In its resolution today, the Appeal affirmed that the club cannot be absolved of its responsibility in the facts, which fit the Competition Commission’s classification.
Also that, although he took many measures, “they have proven to be insufficient given the precedents of incidents in that sector of the stands and given the notoriously hostile environment that surrounded the match (including in relation to the player who was directly the insults , from the beginning or even before)”.
“While we understand that the club cannot be exonerated as the classification is correct and no sufficiently strict measures have been taken, we believe that the measures taken by the club have not been sufficiently taken into account in the resolution of the case , in the sense of the provisions in the disciplinary law (art. 12 and 15), including the moderation claimed by the requesting club,” he said.
For that reason, the commission concludes that “it is possible to uphold the appeal in part, reducing the fine to partial closure for a period of three matches and the corresponding reduction of the fine to €27,000.
Despite the partial estimate, Appeal recalls in its ruling that the club has already been charged with chanting from the same sector of the stands and has been fined and three complaints this season and that it is “aware of the place in its stadium “. where there is a greater risk or chance of events such as last weekend’s.
“The lack of foresight and commitment is attributable to the club,” the commission says, when a series of racist chants were sung near their stadium before the match by dozens of Valencia fans, clearly indicating great animosity towards the footballer. and a hostile climate”, for which reason preventive security measures should have been extreme.
The appeal, in turn, showed that Valencia had become defenseless, among other things because it was an ordinary procedure and because it had not made any allegations in the minutes within the time limit (before 2 p.m. on the second working day), at the same time accusing him of precautionary to request measures without lodging an appeal.
The committee doubts that once the club receives the file, “without waiting for its analysis, on the same day, minutes after the notification of the inadmissibility of the precautionary measures, will file a broad appeal reiterating the request for precautionary measures .”
“It appears that the plaintiff’s main and sole purpose beyond protecting the merits of the claims filed is to automatically obtain a provisional stay as an end in itself, and not as an additional or merely instrumental measure,” he added. up to it.
The Competition Committee penalized Valencia with the partial closure of the Grada Kempes for five matches, plus a €45,000 fine, for committing very serious offenses as set out in Articles 69.1.c), 69.2.d) and 76.1 of the Disciplinary Law of the RFEF , after the racist insults against Vinícius in the match of the last day of the competition, which was interrupted for several minutes because the player confronted the perpetrators who were in the stands.
Source: El heraldo
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