By John Wendt
Brazilian soccer player Vinícius José Paixão de Oliveira Júnior, who is known as Vinícius Júnior or Vini Jr. plays for Real Madrid and is one of the best players in the world. His accomplishments are many including being named the 2023/24 UEFA Champions League Player of the Season. He received the EFE Trophy for the Best Ibero-American Player of 2023. He has been a FIFA Club World Cup Winner, UEFA Supercup Winner, Champions League Winner. In 2023, he was the recipient of the Socrates Award, named after the Brazil soccer icon, which recognizes a player’s humanitarian work. Yet, he has also been the recipient of numerous insults and racial abuse.[1]
In May 2023, during a match at Mestalla Stadium in Valencia, three young men sitting behind a goal made monkey gestures and noises toward Vinicius who immediately notified the referee, went directly to the stands to point at the culprits, and identified the individuals. The match was halted, and Spanish police detained the three young men. Subsequently, the Royal Spanish Football Association (Real Federación Española de Fútbol or RFEF) fined Valencia 45,000 euros (about $48,500) and closed part of the Stadium for five games saying, “It is considered proven that, as reflected by the referee in his minutes, there were racist shouts at Vinicius, altering the normal course of the match and considering the infractions very serious.”[2]
The incident reverberated around the world of soccer. England’s Men’s Soccer manager Gareth Southgate said, “It’s a disgusting situation. I think it’s so bad that actually it is going to force change. It has taken a central story, not only in Europe but around the world, and it will force change…We’ve been in a similar situation and I think [Real Madrid manager] Carlo Ancelotti dealt with it really well. There is a lot to take from it, it looks as though action has been taken. Hopefully it is a story that doesn’t just disappear in 24-48 hours without anything being done.”[3] Outside of a stadium, many fans arrived displaying messages condemning racism and inside a large banner said, “We are all Vinicius. Enough is enough.” The Spanish soccer federation established a new anti-racism campaign, and slogans were displayed during national and international broadcasts.[4]
Vinícius, the Spanish League, the Spanish soccer federation, and Real Madrid filed a complaint against the three young men with the Spanish prosecutor’s office and the three were charged with a crime against the moral integrity of art. 173.1 of the Penal Code with aggravating circumstances of discrimination for racist reasons (art. 22.4 CP).[5] Real Madrid argued that the chants constituted a hate crime and stated, “These events represent a direct attack on the social and democratic model of coexistence of our state based on the rule of law.”[6] Valencia also cooperated with the investigations and identified the fans involved. What is notable about this situation is that in Spain, no one had ever gone to trial for racially abusing a player. Most of the punishments handed out for racial abuses were fines and stadium bans. But the frequency and intensity of the abuse and a failure by prosecutors to bring cases forward showed a need for something harsher.[7]
The Magistrate of the Investigative Court Number 10 of Valencia received the report from the Information Brigade of the Higher Police Headquarters of Valencia and initiated proceedings. The three young men appeared, Vinicius testified, as did security guards.[8] The young men’s attorney argued that it wasn’t a hate crime and after all, “What happened happened in a context in which there were 45,000 people and we are talking about three…”[9]
On June 10, 2024, the three young men pleaded guilty to racially insulting Vinicius and were given eight-month prison sentences and a two-year stadium ban for any La Liga and/or Spanish Football Federation (RFEF) games. Three times the Magistrate asked the defendants, “Do you accept your responsibility?”[10] Because of the plea agreement their original sentence of twelve-months and three-year ban was reduced. In Spain, for non-violent crimes and a clean record, a prison sentence of less than two years usually does not result in incarceration.[11] The defendants also had to prepare and read a letter of apology to Vinicius, La Liga and Real Madrid. The apology noted their regret and acknowledged their criminal liability. They also urged other fans to “kick racism and intolerance out of the game.”[12]
In its ruling the Court noted that the defendants’ actions were racist in nature, repeatedly referred to his “skin color, acting with obvious contempt for the black color of the player’s skin, and caused Vinicius ‘feelings of frustration, shame and humiliation, with the consequent impairment of their intrinsic dignity’…”[13] In addition their actions were in a full soccer stadium and before a “massive television, radio and media audience” which is why they generated in parallel “a great controversy” that same day and the following “with a great impact and impact on social networks…”[14]
Esteban Ibarra, President of Spain’s Movement Against Intolerance, Racism and Xenophobia, said, “The message is loud and clear…This is a crime and perpetrators will have to face justice… It’s good news for the fight against racism and good news for the defence (sic) of human rights.”[15] Javier Tebas, President of La Liga said, “This sentence is great news for the fight against racism in Spain, since it repairs the damage suffered by Vinicius Jr. and sends a clear message to those people who go to a football stadium to insult that LALIGA will detect them, report them and there will be criminal consequences for them…I understand that there may be some frustration due to the time it takes for these sentences to be handed down, but this shows that Spain is a guaranteeing country at the judicial level. In this sense, from LALIGA we can only respect the times of justice and once again demand that Spanish legislation evolve so that LALIGA has sanctioning powers that can accelerate the times of the fight against racism…”[16]
FIFA president Gianni Infantino said, “I am pleased to see the firm action and sentencing taken by the Spanish authorities in relation to the racist abuse directed at Vinicius Jr in a Spanish La Liga match in May 2023. This is a positive step…Our message to people anywhere in the world who still behave in a racist way when they are dealing with football is clear: we don’t want you. These people have to be excluded, they are not part of our community and not part of football.”[17]
The Brazilian Football Confederation (CBF) and CBF President Ednaldo Rodrigues described the sentence as “soft” since “only those who have suffered racism know the magnitude of the pain.” Nevertheless, “The ruling is a beginning, a path forward, and shows the importance of pressure from society for the authorities to really get involved in the fight against racism…Racism is not going to disappear overnight. A decision of this caliber gives us more strength to continue fighting.”[18]
Vinicius himself posted on the X Platform, “This first criminal conviction in Spanish history is not for me. It’s for all Black people…But, as I’ve always said, I’m not a victim of racism. I’m a destroyer of racists. Let the other racists be afraid, ashamed and hide in the shadows. Otherwise, I’ll be here to collect the debt.”[19] In December 2023, Vinicius announced that he accepted a new role with the United Nations championing human rights: “For me, this specific year has been a stark reminder that we still have a long journey ahead to eliminate bigotry from sports and society.”[20]
[1] France 24, Spanish Court Sentences Three Valencia Fans to Jail for Racism against Real Madrid Star, France 24 (2024), https://www.france24.com/en/live-news/20240610-fans-get-8-months-jail-for-racism-targeting-real-madrid-s-vinicius (last visited Jun 11, 2024).
[2] BBC Sport, Vinicius Jr: Valencia Fined and Sanctioned with Partial Stadium Closure for Five Matches, BBC Sport, May 23, 2023, https://www.bbc.com/sport/football/65691729 (last visited Jun 11, 2024).
[3] Id.
[4] Tales Azzoni, Real Madrid Players and Fans Honor Vinícius Júnior after Brazilian Was Racially Abused, AP News (2023), https://apnews.com/article/vinicius-junior-racism-real-madrid-valencia-0553aed43721f1ea62ec5697a91806a9 (last visited Jun 11, 2024).
[5] Tales Azzoni, Valencia Fans Who Insulted Vinícius Are First to Be Convicted for Racism Abuse in Spanish Soccer, AP News (2024), https://apnews.com/article/vinicius-junior-racism-fans-convicted-bb312d3126501e9ed6124d09daed831c (last visited Jun 11, 2024).
[6] Tom Phillips & Jon Henley, Spanish Prosecutors Investigate Racist Football Abuse against Vinícius Júnior, The Guardian, May 22, 2023, https://www.theguardian.com/world/2023/may/22/spanish-football-chief-acknowledges-racism-problem-after-vinicius-jr-abuse (last visited Jun 12, 2024).
[7] Associated Press, Valencia Fans Who Insulted Vinícius Júnior Are First to Be Convicted for Racism Abuse in Spanish Soccer, (2024), https://www.courthousenews.com/valencia-fans-who-insulted-vinicius-junior-are-first-to-be-convicted-for-racism-abuse-in-spanish-soccer/ (last visited Jun 12, 2024).
[8] Poder Judicial Espana, A Valencia Court Opens an Investigation into Racist Insults against Real Madrid Player Vinicius Junior, (2023), https://www.poderjudicial.es/portal/site/cgpj/menuitem.65d2c4456b6ddb628e635fc1dc432ea0/?vgnextoid=c79a0ce5fe758810VgnVCM1000004648ac0aRCRD&vgnextchannel=ea1732cd1ddaa210VgnVCM100000cb34e20aRCRD&vgnextfmt=default&vgnextlocale=es_ES (last visited Jun 12, 2024).
[9] María Fabra, Condenados a ocho meses de cárcel tres seguidores del Valencia por insultos racistas a Vinicius en Mestalla, El País (2024), https://elpais.com/deportes/futbol/2024-06-10/condenados-a-8-meses-de-carcel-3-seguidores-por-insultos-racistas-a-vinicius-en-mestalla.html (last visited Jun 11, 2024).
[10] Ruairidh Barlow, Abusers Handed Eight Month Sentence for Racism towards Real Madrid Star Vinicius Junior, Football España (2024), https://www.football-espana.net/2024/06/10/abusers-handed-eight-month-sentence-for-racism-towards-real-madrid-star-vinicius-junior (last visited Jun 11, 2024).
[11] Ashifa Kassam, Valencia Fans Who Racially Abused Vinícius Júnior given Prison Sentences, The Guardian, Jun. 10, 2024, https://www.theguardian.com/football/article/2024/jun/10/valencia-fans-who-racially-abused-vinicius-junior-given-prison-sentences (last visited Jun 11, 2024).
[12] DeutscheWelle, Spain: Football Fans Sentenced for Vinicius Racist Abuse, dw.com, https://www.dw.com/en/spain-football-fans-sentenced-for-vinicius-racist-abuse/a-69325136 (last visited Jun 11, 2024).
[13] Fabra, supra note 9.
[14] Id.
[15] Kassam, supra note 11.
[16] LaLiga, LALIGA Logra La Primera Sentencia Condenatoria En España Por Insultos Racistas En El Fútbol, Página web oficial de LALIGA | LALIGA (2024), https://www.laliga.com/noticias/laliga-logra-la-primera-sentencia-condenatoria-en-espana-por-insultos-racistas-en-el-futbol (last visited Jun 11, 2024).
[17] Sky Sports, Real Madrid and Brazil Star Vincius Jr Warns Abusers to Be Afraid: “I’ll Hold Them Accountable,” Sky Sports (2024), https://www.skysports.com/football/news/11835/13150957/real-madrid-and-brazil-star-vincius-jr-warns-abusers-to-be-afraid-ill-hold-them-accountable (last visited Jun 11, 2024).
[18] Marca.com, La CBF Considera “Blanda” La Condena En España Por Los Insultos Racistas a Vinícius, MARCA (2024), https://www.marca.com/futbol/real-madrid/2024/06/11/6667b95846163fd0638b458a.html (last visited Jun 11, 2024).
[19] DeutscheWelle, supra note 12.
[20] Id.
