Kasparov and Leong Banned For Two Years From Holding Any Position Within FIDE

Время публикации: 21.10.2015 23:03 | Последнее обновление: 22.10.2015 01:36

As we have already reported in the Russian version of our website, FIDE Ethics Committee found Garry Kasparov and Ignatius Leong guilty of breaching the FIDE Code of Ethics for their conduct during the FIDE presidential elections. As you might remember, Kasparov and Leong had signed the contract which the Commission rated as bribery of the former FIDE General Secretary.

The judgement was published by the Commission today: "Mr. Kasparov and Mr. Leong are both banned for a period of two (2) years from holding any office or position within FIDE, including its member federations, continental associations or any other affiliated international organisations, as well as participating in any FIDE meeting as delegate, proxy-holder or other representative of a FIDE member.

This ban will be effective from the period 21 October 2015 until 20 October 2017."


  


Comments

We shall see if they appeal

We shall see if they appeal this to the CAS within 21 days.

I am not sure that the given sanction is actually applicable, as their alleged offense occurred before the November 2014 changes to the Code of Ethics (and the sanctioning aspects of those changes could in any case be questioned, due to the General Assembly lacking quorum and only the Presidential Board acting).

It is often mentioned by the CAS that (under Swiss law) there needs to be a clear statutory basis for whatever sanction is taken, and the FIDE EC itself quoted this in the recent Rybka vs ICGA case when questioning Rajlich's "lifetime ban".

As far as I know, the CoE is the only basis in FIDE for applying sanctions, and the previous version lists:
(3.1) FIDE federations and officials can be temporarily excluded [applicable to Leong as General Secretary]
(3.2) exclusion from tournament participation for up to 3 years [the given exclusions go beyond this]
(3.3) arbiters can be excluded from supervising tournaments [applicable to Leong]
(3.4) organizers can be excluded from organizing FIDE events [applicable to Leong, though the question of "organizing FIDE events" is often unclear whether it applies generally to all FIDE-rated events]
(3.5 and 3.6) fines for physically abusive behavior, etc.

Moreover, the 2007 Guidelines to Interpretation of the CoE makes clear that these are the maximal sanctions.

So I have no idea how the Ethics Commission presumes to impose the sanctions concerning holding office/positions within FIDE against Kasparov. The extension of the ban to member federations (et al.) is not even clear under the new CoE, and FIDE has no way to enforce this other than to proceed against a federation which ignored the diktat (2.4 "members must acknowledge and observe the statutes, regulations, resolutions and decisions of FIDE"). The ban on participation in meetings again does not appear in the old list of sanctions, though under the new one is presumably "chess-related activity".

If they appeal, firstly the internal CAS costs are only 1000 francs (R65 "appeals against decisions issued by international federations in disciplinary matters"), and secondly the CAS can choose to hear the whole case over again if it wishes, independent of the question of the validity of the specific sanctions.

FIDE published the Minutes

FIDE published the Minutes and Annexes to the Abu Dhabi General Assembly. Annex 52 is the Ethics Commission report to the Executive Board.

There are a number of relevant cases.

Case n. 7/2014: Philippines and Kenya Chess Federations vs Ilyumzhinov ("Aegon agreement"), alleging that the Respondent no longer inspires trust - Respondent found not guilty [see previous EC report for more information of what the case was about]

Case n. 8/2014: Ilyumzhinov vs Kasparov, regarding a proposed agreement for the support of the Salvadorian Chess Federation for Kasparov in the FIDE election - withdrawn by the Complaintant.

Case n. 10/2014: Kasparov vs Margaret Murphy and other members of the Electoral Commission - held to be non-admissible [the Electoral Commission in its competence can only be appealed to the CAS]

Case n. 5/2014: Ilyumzhinov vs Leong/Kasparov regarding agreement for cooperation in the FIDE elections and the payment of consideration in exchange for written pledges or proxies - Respondents found guilty of breach of 2.1 of CoE; sanction pending

I might point out that the EC is "independent" in the sense that it is elected directly by the General Assembly without reference to the Presidential elections, but of course the same people (delegates) are voting in each instance.

Statement by the WPC

Statement by the WPC Disciplinary Committee:

Upon careful examination of the facts related to accusations against the former FIDE world champions Anatoly E. Karpov and Garry K. Kasparov, and also the incumbent FIDE president Kirsan N. Ilyumzhinov; taking into account the gravity of the match-rigging charges against them that included ritual manipulation of the results of 5 (five) matches for the world chess crown in 1984-1990 (as well as a number of other title matches in 1974-2000) and 2 presidential elections of 2010 and 2014; after due consideration of the aggravating political and pseudo-religious context of the crimes, - the World Players’ Council has decided:

- to deem GMs A. Karpov, G. Kasparov and president K. Ilyumzhinov responsible for violating the principle of fair play,

- to judge them liable for criminal complicity and undue use of the game of chess for the hidden political ritualistic agenda of the “New World Order” extremely harmful for their own country of residence and the chess public at large,

- to hold them culpable of confidence abuse of the millions of chess fans throughout the world, bordering on outright fraud,

- to deem them guilty of causing irremediable damage to the prestige of the game of chess and inflicting substantial financial losses to their fellow chess grandmasters.

In view of the gravity of the offense the imposed sanctions include: disqualification, the lifetime ban, stripping of all the titles. A fine of €13.000.000 (thirteen million euros) is imposed on each one of the lawbreakers.

The decision of the WPC Disciplinary Committee reflects the strong will of the world chess community to purify its ranks by getting rid of all the criminal and corrupt elements. It confirms and substantiates the former statements of the WPC leadership and comes into immediate effect since the moment of its publication.

November 9, 2015
World Players’ Council (WPC),
GM Valeri Salov, president.

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