Former Malaysian judge says FIFA overstepped authority in banning 7 naturalized footballers

In comments published by Malay-language outlet Malaysiakini, Hamid said the world football governing body had no jurisdiction to determine the authenticity of documents issued by a sovereign government.

Referring to Article 22 of FIFA’s Disciplinary Code, the basis for the sanctions, Hamid argued that FIFA’s decision represented a "jurisdictional error" that infringed on the powers of Malaysian courts.

"An arbitrator or committee may reject a birth certificate, but it has no jurisdiction to declare it forged or fraudulently issued if it was issued by the government," he told Malaysiakini.

According to Hamid, the provision cited by FIFA cannot be used to declare a government-issued document as forged, even if it was wrongly issued. Only Malaysian courts, he said, have the authority to make such a determination.

FIFA had earlier fined the Football Association of Malaysia (FAM) 350,000 Swiss francs (US$432,000) and handed 12-month bans to seven players, Gabriel Palmero, Facundo Garces, Rodrigo Holgado, Imanol Machuca, Joao Figueiredo, Jon Irazabal Iraurgui, and Hector Hevel, for allegedly submitting falsified birth certificates.

On November 3, FIFA’s Appeals Committee announced that it had rejected FAM’s appeal against the sanctions. The global football body said FAM and the players have 10 days from the announcement to request a written explanation of the decision and 21 days to file a possible appeal with the Court of Arbitration for Sport (CAS).

According to The Straits Times, FIFA had informed FAM and the seven naturalized players in a letter early last month that it determined the players’ grandparents were born outside Malaysia — specifically in Spain, Argentina, Brazil, and the Netherlands.

"The committee wished to highlight that it concurred with the conclusion of the investigatory reports, specifically, that the original birth certificates indicated a sharp contrast to the documentation provided," said Jorge Palacio, deputy chairman of the FIFA Disciplinary Committee, in the decision attached to the letter.

Judge Hamid emphasized that the citizenship of the seven disputed players remains a matter that must be referred to Malaysian courts, which he described as the "sole competent authority."

He stressed that FIFA cannot act "against the records of a sovereign government" without going through a public and transparent judicial process in Malaysia or in the players’ countries of origin.

Referring again to Article 22, Tunku Ismail Sultan Ibrahim, the Crown Prince of Johor and president of Johor Darul Ta’zim (JDT), described FIFA’s rejection of FAM’s appeal as "politically motivated" and a "misuse of law," according to Malaysiakini.

He also offered to cover all expenses related to FAM’s effort to bring the case before CAS, saying he was not afraid of potential action from FIFA.

Tunku Ismail is credited with recruiting and naturalizing the seven players, three of whom, Figueiredo, Irazabal, and Hevel, currently play for JDT.