The Azulona entity considers that they have broken the rules and procedural guarantees and violation of the right to effective judicial protection
Therefore, the Madrid club ensures that it will exhaust all legal avenues in this procedure
He Getafe issued a statement on Tuesday in which it assured that it has not been formally notified and has learned through the media of the Supreme Court ruling issued this Monday, in which it established that the sports and administrative sanctions imposed by the RFEF and the Government Delegation in Madrid for the violent incidents during the qualifying round for promotion to the First Division in 2017.
“We have been defenseless and breaking the rules and procedural guarantees and violation of the right to effective judicial protection, preventing us from opposing and making allegations against the filing of the appeal and being a party throughout the process, therefore, this Club in the face of the violation of said fundamental right (Art 24 EC), will proceed to urge the action or complaint of nullity of actions by depriving him of his defense in cassation for said vice or procedural defect that we reveal and therefore, we will continue to defend our legitimate interests, exhausting all legal means or actions that are within our reach,” the statement concluded.
The events occurred on June 24, 2017 during the second leg of the qualifying round for the promotion phase to the First Division between Getafe and Tenerife, at the Coliseum Alfonso Pérez in Getafe.
In the 67th minute, several hundred visiting fans sang “in a choral and coordinated way” the song, referring to the local player Sergio Mora, “Killer, Killer”and “Getafe bitch, Getafe bitch”. Already in the 95th minute, a smoke canister was ignited where the local Comando Azul are located and they “preparations to invade the field of play at the end of the match”.
Once the match is over, the local fans invaded the field and prevented the players and the refereeing team from reaching the changing rooms. Then they went to the area where the visiting fans were to provoke them, who responded by throwing seats. Finally, the Police charged against the visiting fans while the stadium security employees “tried to placate the local fans.”
Due to these facts, the Federation Competition Committee imposed on Getafe the closure of the stadium for one match, which was later replaced by a fine of 18,000 euros.
At the same time, the Government Delegation in Madrid initiated two disciplinary proceedings; one due to the deficiencies in the control of permanence and eviction that allowed the invasion after the game, which ended with a fine of 4,000 euros; and another for not preventing the introduction of a smoke canister, 3,001 euros of fine.
The Supreme Court upholds the appeal of the State attorney against the judgment of the National audience that it appreciated the infringement of the non bis in idem principle and annulled the sanction of closing the stadium of the Getafe decided by him Administrative Court of Sport. In this way, everything indicates that the first game of next season, the league debut against Barcelona, will be played behind closed doors.