The language experts
- The experts who were instructed are Professor Peter Wade and Dr James Scorer. Wade is a specialist in race and ethnicity in Latin America, with particular emphasis on black populations, genetics and sexuality; he has also worked on the ties between Colombian national identity, popular music and race. He learnt his Spanish mainly in Colombia, has been a fluent speaker for nearly 30 years, and has experience of Spanish usage mainly in Colombia, Mexico and Spain. James Scorer works in the Department of Spanish, Portuguese and Latin American Studies. His research focuses on Latin American cities, particularly urban politics and cultures in Buenos Aires, as well as on national and regional identities in Latin American cinema, including that of Uruguay. He learnt his Spanish predominantly in Buenos Aires, and has been a fluent speaker of Castellano for nearly 10 years.
- The word “negro” can have pejorative connotations, as it may be associated with low class status, ugliness, vulgar behaviour, noisiness, violence, dishonesty, sexual promiscuity etc. The word can be employed with the intent to offend and to offend in racial terms; often the word would be appended with further insult, as in the example “negro de mierda” [****ty black]. The word “negro” is by no means, however, always used offensively. The term can also be used as a friendly form of address to someone seen as somewhat brown-skinned or even just black-haired. It may be used affectionately between man and wife, or girlfriend/boyfriend, it may be used as a nickname in everyday speech, it may be used to identify in neutral and descriptive fashion someone of dark skin. Though these terms are often used between friends or relatives, they are not used exclusively so; thus, an individual might call out to a passer-by “ay, negro, querés jugar con nosotros?” [hey, blackie, do you want to play with us?]; in all cases, however, when the word is used in this way it implies a sense of rapport or the attempt to create such rapport; naturally, if the term were used with a sneer, then it might carry negative connotations.
- Evra stated that the goalmouth incident started when he addressed Suarez, beginning with the phrase “Concha de tu hermana”. According to the experts, the literal translation is “your sister’s ****” and it can be taken as a general swear word expressing anger, although the word “concha” is not as taboo as the English word “****”. It is thus equivalent to “****ing hell” or “**** me”.
- Assuming Suarez responded with “Porque tu eres negro”, this would be interpreted in Uruguay and other regions of Latin America as racially offensive. When the noun is used in the way described by Evra, it is not a friendly form of address, but is used in an insulting way: it is given as the rationale for an act of physical aggression (the foul), as if the person deserved such an attack since they are black.
- The sentence attributed to Suarez, “No hablo con los negros”, falls into the same category of racist usage. It assumes that the individual did not merit being talked to as he belongs to a whole category of people classed as black.
- If Suarez used the words “negro” and “negros” as described by Evra, this would be understood as offensive and offensive in racial terms in Uruguay and Spanish-speaking America more generally. The physical gesture of touching Mr Evra’s arm would also, in the context of the phrases used, be interpreted as racist.
- If Suarez used the word “negro” as described by Suarez, this would not be interpreted as either
offensive or offensive in racial terms in Uruguay.
- There are some black people in Uruguay and other areas of Latin America who object to the use of the word “negro” as a term of address, as they say it highlights skin colour when this should be irrelevant. This is the use of the word “negro” (ie as a term of address) which Suarez contended before us is acceptable, yet his view appears to be contentious with some in Uruguay and Latin America. Also, the use of the word “negro” can be seen as offensive or inoffensive in Uruguay and Latin America. It appears to depend, largely, on the context. It might be seen by some as inoffensive when used to address relatives, friends or passers-by. However, we note the experts’ comment that in all cases when the word is used in this way it implies a sense of rapport or the attempt to create such rapport; naturally, if the term were used with a sneer, then it might carry negative connotations. It is important to examine closely the context in which it is used, and the way in which it is used, in order to decide whether it is being used offensively and offensively in racial terms.
How to make a decision
This case is not simply about one person’s word against another. Whilst there were conflicting accounts of what happened which were presented to us by Evra and Suarez, there was other relevant evidence which we were able to take into account in reaching our decision. This other evidence included:
* video footage of the match
* the evidence of others as to what happened during or immediately after the match
* documentation in the form of the referee’s report which was based on conversations he had immediately after the match
* transcripts of interviews with the main protagonists and other witnesses conducted in the course of the FA’s investigation before witness statements were prepared for the purpose of this hearing
* the evidence given to us by other witnesses quite apart from Evra and Suarez, including expert witnesses on Spanish language.
We reached our decision on the basis of a consideration of the totality of the evidence attaching such weight as we considered appropriate to the different elements of it.
- It was accepted by both Mr Greaney (FA’s representative) and Mr McCormick (Suarez’s representative) in closing submissions that this is not simply a case of one person’s word against another.
- We found Mr Evra to be an impressive witness. He gave his evidence to us in a calm, composed and clear manner. Evra also demonstrated a measure of balance in his evidence and he was prepared to make a number of concessions before us. In giving his account of their exchanges in the goalmouth, Evra described how he started the conversation with the offensive phrase, “Concha de tu hermana”. He said this in his first interview with the FA on 20 October, and included it in his witness statement placed before us, even though it reflected badly on him.
- Suarez was not as impressive a witness as Evra. His answers were not always clear or directly addressed to the question. Whether this was due to language difficulties or evasiveness was not entirely clear and so, whenever we could, we gave Mr Suarez the benefit of the doubt. We were certainly more concerned by the substance of his evidence than by the manner in which he gave it.
