Visiting professor Jurij Toplak was quoted in an article in The Guardian covering the European Court of Human Rights’ decision to dismiss Michel Platini’s appeal against his ban from football.
Michel Platini’s appeal against his ban from football has been thrown out by the European court of human rights. The ECHR said on Thursday morning that a seven-member panel of judges had dismissed the Frenchman’s action against Fifa’s 2015 decision and held that his human rights had not been violated.
Jurij Toplak, an expert in ECHR law and a visiting professor at Fordham law school, said: “It’s quite a blow for Platini. For five years he had maintained the process was unfair but he had not claimed the ‘fair trial’ violation in the process he had before the Swiss court. A person can claim a violation with the ECHR only when they have exhausted this argument at the national court. It seems Platini’s lawyer had not done that.
“This ruling is also important because it crystallises the relationship between the court of arbitration for sport and the ECHR. When a party agrees to Cas arbitration voluntarily, and when the Swiss courts examine the appeal against Cas, it will be very hard to win a case at ECHR.”