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On 4 December 2012, the chairman of the investigatory
chamber of the FIFA Ethics Committee, Michael J. Garcia, who is also the head
of the investigation conducted by the Ethics Committee into Mohamed bin Hammam,
notified Bin Hammam of the completion of the investigation and informed him
that the final report, together with the investigation files, would be
submitted to the adjudicatory chamber of the FIFA Ethics Committee for
examination. On the same day, all of the documents were sent by Garcia to the
chairman of the adjudicatory chamber, Hans-Joachim Eckert.
Together with the final report and all of the investigation
files, Garcia requested the imposition of provisional measures against Bin
Hammam in accordance with the first sentence of art. 83 par. 1 of the FIFA Code
of Ethics (FCE). Garcia stated that the request was not based on the necessity
to protect an ongoing investigation, but rather that it was necessary because,
given the extraordinarily complex nature and the considerable scope of the
present case, it appeared highly unlikely that a decision on the relevant
issues may be taken early enough within the meaning of article 83 par. 1 of the
FCE. Given the seriousness of the violations of the FCE as alleged in the final
report, Garcia said in his letter to the chairman of the adjudicatory chamber
that it was imperative that Bin Hammam remained banned from football during the
pendency of any decision on these charges.
On 6 December, having examined the final report and
investigation files, Eckert deemed that the final report was complete and
decided to proceed with adjudicatory proceedings in this case, in accordance
with art. 69 par. 4 of the FCE. At the same time, Eckert established a deadline
for Bin Hammam to respond.
Based on the report, the chairman of the adjudicatory
chamber has decided to provisionally ban Bin Hammam given that a breach of the
FCE appears to have been committed and that a decision on the main substance of
the case may not be taken early enough.
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