New twist in the breathtaking “FIFAgate” series, this myriad of criminal proceedings and politico-financial scandals in connection with the International Football Federation (FIFA). In a decision published Wednesday, May 5, the Swiss Federal Criminal Court (TPF) validated the challenge filed by FIFA President Gianni Infantino against the Swiss extraordinary prosecutor Stefan Keller.
Appointed by the Swiss Public Prosecutor’s Office (AS-MPC), then elected in September by the Swiss Federal Assembly, Mr. Keller opened, on July 30, 2020, criminal proceedings for “abuse of authority”, “ violation of official secrecy ”,“ obstruction of criminal proceedings ”and“ instigation of these offenses ”against Mr. Infantino, the former Swiss public prosecutor Michael Lauber and a magistrate friend of Mr. Infantino, the public prosecutor of Haut- Valais Rinaldo Arnold.
This investigation, since extended to the head of information of the Swiss public prosecutor (MPC) André Marty, targets the three secret meetings (without supporting minutes) held, in 2016 and in 2017, by MM. Infantino and Lauber.
Seized by Mr. Infantino, the TPF concluded that Mr. Keller, who also serves as president of the Supreme Court of the canton of Obwalden, should “To refrain from any proceedings against” of the President of FIFA.
At this stage, however, Mr. Infantino is still being prosecuted for “inciting the abuse of authority, breaching official secrecy and obstructing criminal proceedings” in the context of the ongoing proceedings. And this insofar as the court has not ruled on the requests for annulment of acts carried out by Mr. Keller to date. The FIFA president has five days to reiterate his request.
The court questions the impartiality of Mr. Keller
To justify its decision of April 30, the TPF questions the impartiality of Mr. Keller and criticizes its communication, including the publication of several press releases, and statements made in January in a legal journal.
In one of his press releases, on December 10, 2020, the extraordinary prosecutor announced that he had “Collected evidence of criminal activity from” by Mr. Infantino concerning a private jet trip made by the latter, in 2017, between Surinam and Switzerland. Mr. Keller was “Of the opinion that a criminal investigation [devait] be opened for unfair management ”. The TPF considers that the extraordinary prosecutor violated the ” presumption of innocence “ with this release.
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