FIDE Ethics Commission rules on Short and Topalov/Danailov
On July 28, 2007 the FIDE Ethics Commission held a public hearing in Athens,
Greece, to rule on the accusations leveled by Veselin Topalov and his manager
Silvio Danailov against Vladimir Kramnik during the 2006 World Championship
match in Elista, and against Nigel Short for criticising FIDE officers in an
interview he had given to an Indian newspaper. Two other complaints were also
handled.
The Ethics Commission during deliberations at the end of July in Athens.
From left: Ms. Elli Sperdokli (Fide sectetary in Athens), Lawrence Ball (South
Africa), Ian Wilkinson (Jamaica), Dirk JA De Ridder (Belgium), Roberto Rivello
(Italy, Chairman), Ralph Alt (Germany), Noureddine Tabbane (Tunesia).
Attorney-at-law Ian Wilkinson, President of the Jamaica Chess Federation
and Vice-President of the lawyers group of the Jamaican Bar Association, one of
the members of FIDE's Ethics Commission
Now the Ethics Commission has published its rulings. The documents are
very long and very detailed. We have gone through them and bring you, in the
first part of this report, a short summary. After that we attach the documents
of the two most important cases, quoted in full (about 72 KBytes of text –
almost as much as two of the pictures above). This is a service to keenly inquisitive
readers, or people with a legal background, who want to delve into the minutiae
of the cases. Some passages, we must admit, are quite gripping. The documents
also give us an insight into how meticulously the Ethics Commission under the
leadership of Italian Judge Roberto Rivello is now operating. Read them if you
can...
Summaries
1. Complaint against Nigel Short
The complaint was brought by FIDE vice president Zurab Azmaiparashvili against
Nigel Short for saying in an
interview with an Indian newspaper that Azmaiparashvili and FIDE deputy
president Georgios Makropoulos "spent more time in San Luis at their hotel
16 km away than they did in the tournament hall despite being paid thousands
of dollars, plus considerable expenses, to do their job on the Appeal’s
Committee". The Ethics Commission ruled that these claims could be regarded
as "a harsh criticism, but in fact they are just mere critiques, an expression
of his opinion on a matter of public interest, and a criticism directed against
a public figure – as a FIDE vice President – is justified by the
right to freedom of expression and of criticism." Therefore this part of
the complaint was dismissed.
The Ethics Commission did, however, issue a warning against Nigel Short for
using
the word “dunderhead” in the interview, whereby he "exceeded
in the expression of his opinions, abusing of the right to criticism and committed
a conduct likely to injure or discredit Mr. Zurab Azmaiparashvili’s reputation,
thus violating art. 2.2.11 of the FIDE Code of Ethics".
Links
2. Complaint against Veselin Topalov and Silvio Danailov
The complant was brought by Vladimir Kramnik and his manager Carsten Hensel
and regards the public accusation raised by Topalov and Danialov during the
2006 World Championship match in Elista that Kramnik had been cheating, in order
to affect Kramnik’s psychological state and obtain an illegitimate advantage.
Furthermore Topalov gave an interview to a Spanish news agency defaming Kramnik,
the organisers of the World Championship, FIDE and its President Kirsan Ilyumzhinov.
The Commission, which interviewed Topalov and Danailov by cell-phone, gave
a detailled, day-by-day chronology of events surrounding
the Elista World Championship came to the conclusion that Topalov had violated
art. 2.11 of FIDE Code of Ethics and issued a severe reprimand. "In the
case of any serious similar breach against the FIDE Code of Ethics committed
by Mr. Veselin Topalov within the next twelve months, this judgment will be
considered by the EC as a precedent and Mr. Veselin Topalov could be imposed
with a suitable fine and could be excluded from participation in all FIDE tournaments
for at least a one-year period." Silvio Danailov’s conduct violated
art. 2.2.9 and 2.2.11 of FIDE Code of Ethics, and the Commission issued a reprimand
and a warning as to his future conduct.
Elli Sperdokli and Roberto Rivello make contact by cell phone with Topalov and
Danailov
The conversation is amplified so that all members of the Commission and
the audience can hear it [Photos: Michalis Kaloumenos, Dimitris Skyrianoglou]
Links
3. Other complaints and judgements
-
The Ethics Commission found that the President of the Moroccan Chess Federation,
Mustapha Amazzal, had violated article 2.2.1 of FIDE Code of Ethics by committing
fraud in the administration of his national federation office. Mr. Amazzal
cannot represent the Moroccan Chess Federation for a period of three years,
and the Moroccan Chess Federation may not organise FIDE events for a period
of two years. [Full
document in PDF]
- Chess journalist Dimitrije Bjelica received a reprimand for "misbehaviour
of a personal nature" when he circulated messages calling the President
of the Turkish Chess Federation, Ali Nihat Yazici, “a small dictator
as Campomanes and small pawns of FIDE”, “a slave of mafia from
FIDE”, and accusing him of “corruption”. [Full
document in PDF]
FIDE Ethics Commission statement
FIDE ETHICS COMMISSION
Case N. 2/07
JUDGEMENT
renderd by the
FIDE Ethics Commission
sitting in the following composition
| Chairman: |
Mr. Roberto Rivello |
| Members: |
Mr. Ralph Alt
Mr. Laurence Ball
Mr. Dirk J.A. De Ridder
Mr. Noureddine Tabbane
Mr. Ian Wilkinson |
in the case
“Mr. Nigel Short” (Complaint of Mr. Zurab
Azmaiparashvili)
concerning the following facts
- Giving an interview to the Indian journalist Vijay Tagore, published
on 30th January 2007 by the newspaper “DNA”, to have defamed Mr.
Zurab Azmaiparashvili and Mr. Georgios Makropoulos, damaging their honour
and reputation, and the FIDE reputation, saying that: “FIDE deputy president
Georgios Makropoulos and vice-president Zurab Azmaiparashvili spent more time
in San Luis at their hotel 16 km away than they did in the tournament hall
despite being paid thousands of dollars, plus considerable expenses, to do
their job on the Appeal’s Committee. It came as absolutely no surprise
to me that these dunderheads would flunk the first crisis that they were presented
with i.e. Elista toiletgate. I might add that Azmai is singularly inappropriate
for such work having, by his own admission, cheated in winning the 2003 European
Championship”.
Facts that could constitute a violation of par. 2.2.10, 2.2.11 of the FIDE
Code of Ethics.
PROCEEDINGS BEFORE THE ETHICS COMMISSION
On 17th February 2007 Mr. Zurab Azmaiparashvili filed to the FIDE Ethics Commission
(hereafter called the “EC”), through the FIDE Secretariat, a complaint
against Mr. Nigel Short, concerning the above mentioned facts.
In accordance with article 1 of the EC Internal Rules, the case was inscribed
on the Register of cases as N. 2/2007 – “Mr. Nigel Short (Complaint
Mr. Zurab Azmaiparashvili)”.
In accordance with articles 4, 6 and 7 of the EC Internal Rules, on 23rd April
2007 the Chairman of the EC communicated to Mr. Nigel Short the existence of
a pending case against him, informing Mr. Nigel Short of his rights and of the
EC proceeding rules, and fixed a term of twenty days for the submission of memorials
and documents.
On 26th April 2007, Mr. Nigel Short presented a request for an extension of
the deadline for the submission of memorials and documents until 15th June 2007.
On 30th April 2007, the Chairman of the EC granted an extension of the time
limit until 15th June 2007.
On 30th April 2007, Mr. Nigel Short lodged a response to the EC, joining some
written statements issued by Mr. Frederic Friedel, Mr. Dirk Jan ten Geuzendam,
Mr. Ian Rogers and Mr. Peter Svidler, and some other documents (copies of: a
letter of Mr. V. Tukmakov to New in Chess, an interview with Mr. Zurab Azmaiparashvili
in New in Chess, an interview with Anatoly Karpov in Sport Express). On 12th
June 2007, Mr. Nigel Short addressed to the EC an addendum to this response,
joining the statements of Mr. Suat Atalik and Mr. Ivan Sokolov, and some other
documents (copies of: a communication of the Organization of Calvia Chess Olympiad,
an open letter of Ms. Anna Matnadze and Ms. Lela Javakhishvili).
On 8th May 2007, Mr. Martin Regan and Mr. Peter Sowray of the U.K. Chess Federation
addressed to the EC a letter, named “formal complaint”, which may
be regarded as a statement in support of the position of Mr. Nigel Short.
Mr. Nigel Short did not ask to appear in front of the EC in an oral hearing,
nor the EC deemed it necessary to have an oral hearing regarding the discussion
of the case.
The case was discussed and decided by the EC during its meeting in Athens,
on 28th- 29th July 2007.
On 28th July 2007, Mr. Ian Wilkinson, Member of the EC, asked to be excused
from his functions regarding this case, in consideration of his personal and
professional relationship with Mr. Nigel Short. The request was accepted before
the opening of the discussion on the case.
After the discussion, the EC decided the case achieving unanimity (Mr. Roberto
Rivello, Mr. Ralph Alt, Mr. Laurence Ball, Mr. Dirk J.A. De Ridder, Mr. Noureddine
Tabbane).
Mr. Roberto Rivello was charged with the draft of the judgement. None of the
EC members asked to deliver a separate opinion.
According to articles 4.5 and 4.6 of the FIDE Code of Ethics: “any decisions
made by the Ethics Commission may be the object of appeal arbitration proceedings
in accordance with the Code of sports-related arbitration of the Court of Arbitration
for Sport in Lausanne, Switzerland”, “the time limit for appeal
is twenty-one days following the communication of the decision concerning appeal.
All recourse to ordinary courts is excluded”.
ADMISSIBILITY AND JURISDICTION
The case n. 2/07 was originated by a complaint presented by Mr. Zurab Azmaiparashvili,
in which it was specified that the words used by Mr. Nigel Short allegedly discredited
and damaged Mr. Zurab Azmaiparashvili’s reputation and FIDE and its officials’
reputation as well.
In Nigel Short’s interview the name of Mr. Georgios Makropoulos was
mentioned, thus the charges against Mr. Nigel Short were formulated as comprehensive
of a violation of FIDE and Mr. Georgios Makropoulos’ interests.
Nevertheless, no FIDE organ has ever presented a report addressed to the EC
about this case, nor Mr. Georgios Makropoulos has filed a complaint.
The same Mr. Zurab Azmaiparashvili has filed his complaint as an individual
and not as a FIDE Vice-President, and in any case a FIDE Vice-President has
not any specific competence on these subject-matters, differently from the FIDE
Presidential Board.
Taking into account the interpretation of the FIDE Statute on this point,
given by the EC in the Guidelines to the interpretation of FIDE Code of
Ethics (which have to be considered as a part of this judgment and are
joined to it as an addendum), if no report by a FIDE organ has been
presented, but just a complaint, the EC has not a full general jurisdiction
on the referred facts, but just a competence limited to the relevant legitimate
interests of the complainant.
Thus, in the part concerning an alleged damage to FIDE and to Mr. Georgios
Makropoulos’ reputation, the complaint is not admissible nor receivable.
Therefore the charge concerning the violation of par. 2.2.10 of the FIDE Code
of Ethics has to be dismissed.
On the opposite, in the part concerning the alleged damage to Mr. Zurab Azmaiparashvili
reputation, the complaint is receivable and the EC is competent to judge on
the facts.
Mr. Nigel Short, in his written response, submitted that EC would not have
jurisdiction, because in giving an interview to a journalist he was not acting
as a player or as a FIDE officer or as a member of a affiliated organisation,
thus the FIDE Code of Ethics cannot be applied.
This argumentation cannot be accepted: Mr. Nigel Short is both a very famous
chess player, who participates to many FIDE rated tournaments, and the President
of the Commonwealth Chess Association, an organization affiliated to FIDE. The
interview he gave to the Indian journalist Vijay Tagore exclusively concerned
his opinions about some FIDE events and activities, and it was asked to him
exactly because he is a very famous player and the President of the Commonwealth
Chess Association. In accordance with article 1.4 of FIDE Code of Ethics, the
EC is competent to judge on the case.
FACTS AND LAW
The case concerns an interview given by Mr. Nigel Short to the Indian journalist
Vijay Tagore, published on 30th January 2007 by the newspaper “DNA”.
Mr. Nigel Short has never cast any doubt on the fact that he gave the interview
and the journalist correctly recorded his words. Thus, the facts are clear.
In the interview Mr. Nigel Short expressed some critical considerations regarding
the work of the plaintiff as a member of the Appeal’s Committee of the
World Championship held in San Luis in 2005 (“ … vice-president
Zurab Azmaiparashvili spent more time in San Luis at (his) hotel 16 km away
than (he) did in the tournament hall despite being paid thousands of dollars,
plus considerable expenses, to do (his) job on the Appeal’s Committee
… “, “Azmai is singularly inappropriate for such work having,
by his own admission, cheated in winning the 2003 European Championship”).
These considerations may be regarded as a harsh criticism, but in fact they
are just mere critiques, an expression of his opinion on a matter of public
interest, and a criticism directed against a public figure – as a FIDE
vice President – is justified by the right to freedom of expression and
of criticism. This justification constitutes a general principle of law and
has to be considered, giving application to art. 2.11 of FIDE Code of Ethics.
Mr. Nigel Short, in particular as a President of the Commonwealth Chess Association,
but as any other player, arbiter, organizer, member of the “FIDE gens”,
has the right to criticize the operate of FIDE officers.
Therefore on this part the complaint has to be dismissed, because with his
critiques against Mr. Zurab Azmaiparashvili the defendant did not violate the
FIDE Code of Ethics.
But of course the public interest to guarantee the right to criticism has
to be balanced with the right to the respect and protection of honour and reputation:
a critique must not exceed the limit of what it is necessary and reasonable
to express an opinion or a consideration, and the right to criticism cannot
justify needless insults.
In the interview Mr. Nigel Short defined Mr. Zurab Azmaiparashvili as a “dunderhead”.
The meaning of the word “dunderhead” is “stupid person”.
This was meant to be an insult against Mr. Zurab Azmaiparashvili, not connected
to and not justified by the right to criticism.
Mr. Nigel Short, in his written response, submitted that “the law of
defamation is not the same in all jurisdictions” and “under English
Law calling someone a ‘dunderhead’ would not be actionable as it
would be treated as mere vulgar abuse”.
Of course the law of defamation is different in the different various legal
orders and it is even possible to add that in many legal orders there is not
a distinction between defamation and vulgar abuse, but this point is not relevant
here. The EC has just to give application to art. 2.11 of FIDE Code of Ethics.
The use of the word “dunderhead” was a needless insult, integrating
a “conduct likely to injure or discredit the reputation” of the
plaintiff and a violation of the FIDE Code of Ethics.
Mr. Nigel Short is a worldwide famous and respected chess player and President
of the Commonwealth Chess Association, his words have a great impact on the
FIDE world, he has the right, may be even the moral duty of expressing his opinions
and critiques, but he has even the responsibility not to abuse of his position,
using words likely to injure or discredit the reputation of other people.
In any case, Mr. Nigel Short’s behaviour has to be evaluated as a minor
violation of the FIDE Code of Ethics: a warning is a sufficient sanction to
it.
ON THESE GROUNDS
the EC rules that:
-
in the part concerning an alleged damage to FIDE and to Mr. Georgios Makropoulos
reputation, the complaint filed by Mr. Zurab Azmaiparashvili is not admissible
nor receivable and the charge concerning the violation of art. 2.2.10 of
the FIDE Code of Ethics has to be dismissed;
-
criticising Mr. Zurab Azmaiparashvili in an interview, Mr. Nigel Short
exercised his right to criticism and did not violate the FIDE Code of Ethics,
thus on this part the complaint against him has to be dismissed;
-
using the word “dunderhead” Mr. Nigel Short exceeded in the
expression of his opinions, abusing of the right to criticism and committed
a conduct likely to injure or discredit Mr. Zurab Azmaiparashvili’s
reputation, thus violating art. 2.2.11 of the FIDE Code of Ethics;
-
Mr. Nigel Short is sanctioned with a warning.
Done in Athens, 29 July 2007.
The Chairman of the FIDE Ethics Commission
Roberto Rivello
FIDE Ethics Commission statement
FIDE ETHICS COMMISSION
Case N. 2/07
JUDGEMENT
renderd by the
FIDE Ethics Commission
sitting in the following composition
| Chairman: |
Mr. Roberto Rivello |
| Members: |
Mr. Ralph Alt
Mr. Laurence Ball
Mr. Dirk J.A. De Ridder
Mr. Noureddine Tabbane
Mr. Ian Wilkinson |
in the case
“World Championship in Elista, Mr. Veselin Topalov, Mr. Silvio
Danailov” (Complaint of Mr. Carsten Hensel and Mr. Vladimir
Kramnik)
concerning the following facts
- Mr. Veselin Topalov:
- During the World Championship held in Elista from 21st September
to 13th October 2006, to have accused Mr. Vladimir Kramnik of cheating,
presenting this accusation not only to the competent FIDE organs but even
to the medias, giving interviews and press conferences, writing and verbalising
opinions about the facts, personally and by his manager Silvio Danailov,
well aware that this accusation was not supported by evidence, thus aiming
at affecting Mr. Kramnik’s psychological state, in order to obtain
an illegitimate advantage.
- Giving various and different interviews to many journalists in
the months following the World Championship in Elista, and in particular
giving an interview to Mr. Federico Marin Bellon, published on the Spanish
ABC platform on 18th December 2006, to have defamed Mr. Vladimir Kramnik,
the organisers of the World Championship in Elista, the FIDE and his President
Mr. Kirsan Ilyumzhinov, damaging their honour and reputation, saying that
“…había amenazas. En principio anónimas, pero
cerraron el aeropuerto. Es fácil hablar desde aquí, pero
cuando uno está en Rusia te planteas cómo salir. …
La suerte es que no estaba implicado ningún profesional y los que
le decían las jugadas eran aficionados o del KGB. … El Kremlin
nunca reconocerá que envenenó al espía ruso, lo que
parece obvio, ni Kramnik que hizo trampas. … (¿Llegó
a sentir miedo físico?) Sí, y creo que no volveré
allí. … (¿Qué opina del presidente de la FIDE,
Kirsan Ilyumzhinov?) Es un hombre de negocios, que simplemente necesita
tener a un ruso campeón. No es nada personal. Tenía la orden.
… (¿Cree que Kramnik siguió haciendo trampas después
de destaparse el escándalo?) Personalmente, creo que sí
y que el nuevo método fue mejor. ... (¿También en
el desempate?) Ahí tenían un sistema que no fallaba. En
la cuarta partida, incluso cuando ya me tenía ganado, Kramnik hizo
una jugada que sólo se le ocurre a una máquina. Luego, tenía
derecho a un día de descanso, pero ni enfermo lo pidió.
Si te van a pasar las jugadas, mejor jugar cuanto antes. Pero lo hicieron
mejor que la chapuza de los cables. … -Si esto sigue así,
con la tecnología de los rusos, Kramnik va a ser invencible en
un match”, and using other defaming and damaging words.
Facts that could constitute a violation of par. 2.2.4, 2.2.5, 2.2.9,
2.2.10, 2.2.11 of the FIDE Code of Ethics.
- Mr. Silvio Danailov:
- Acting as manager of Mr. Veselin Topalov, during the World Championship
held in Elista from 21st September to 13th October 2006, to have accused
Mr. Vladimir Kramnik of cheating, presenting this accusation not only
to the competent FIDE organs but even to the medias, giving interviews
and press conferences, writing and verbalising opinions about the facts,
well aware that this accusation was not supported by evidence, thus aiming
at affecting Mr. Kramnik’s psychological state, in order to obtain
an illegitimate advantage for Mr. Topalov.
- Giving various and different interviews to many journalists in
the months following the World Championship in Elista, to have defamed
Mr. Vladimir Kramnik, the organisers of the World Championship in Elista,
the FIDE and his President Mr. Kirsan Ilyumzhinov, damaging their honour
and reputation.
Facts that could constitute a violation of par. 2.2.4, 2.2.5, 2.2.9, 2.2.10,
2.2.11 of the FIDE Code of Ethics.
PROCEEDINGS BEFORE THE ETHICS COMMISSION
On 4th October 2006 Mr. Carsten Hensel, writing on behalf of Mr. Vladimir
Kramnik, addressed to the FIDE Ethics Commission (hereafter called the “EC”),
through the FIDE President and the FIDE Secretariat, a letter concerning the
behaviour of the “Team Topalov”, informing the EC of a press release
published on the Chessbase website and attributed to Silvio Danailov (http://en.chessbase.com/Home/TabId/211/PostId/4003401),
concerning “Coincidence Statistics of the moves of GM Kramnik with recommendations
of the chess program Fritz 9”, which for Mr. Carsten Hensel “is
obviously nothing else than another attempt to create a certain picture of Vladimir
Kramnik … The whole strategy of Team Topalov is obviously based to indirectly
insult or to indirectly accuse Vladimir Kramnik of cheating, without showing
any evidence”. In the same e-mail Mr. Carsten Hensel communicated to have
requested to the “WCC Organisation” some measures in order to avoid
“such activities of Team Topalov”, and to have asked the FIDE President
“to start with suitable measures” and “a detailed investigation
of the EC. We hope that all events from the WCC 2006 at Elista will be inspected”.
On 18th December 2006 Mr. Carsten Hensel, writing on behalf of Mr. Vladimir
Kramnik, addressed an e-mail to the EC, through the FIDE Secretariat, using
the following words: “I would like to ask … to make sure that the
Ethics Commission of FIDE will seriously work on the accusations and allegations
of Mr. Topalov and Mr. Danailov. Especially after a recent interview given by
Mr. Topalov to the spanish ABC internet platform (http://www.abc.es/;
author: Marin Bellon). We are not talking of suspicions anymore, Mr. Topalov
is making clear allegations against Vladimir Kramnik and FIDE”.
Both Mr. Carsten Hensel’s correspondence amounted, in substance, to
a complaint against Messrs. Topalov and Danailov.
In accordance with article 1 of the EC Internal Rules, the case was inscribed
on the Register of cases as N. 3/2006 - “World Championship in Elista,
Mr. Veselin Topalov, Mr. Silvio Danailov (Complaint of Mr. Carsten Hensel and
Mr. Vladimir Kramnik)”.
In accordance with articles 4, 6 and 7 of the EC Internal Rules, on 23rd April
2007 the Chairman of the EC communicated to Mr. Veselin Topalov and to Mr. Silvio
Danailov the existence of a pending case against them, informing Mr. Veselin
Topalov and Mr. Silvio Danailov of their rights and of the EC proceeding rules,
and fixed a term of twenty days for the submission of memorials and documents.
Mr. Veselin Topalov and Mr. Silvio Danailov did not present documents in support
of their defences, did not request an extension of time to present evidence
or material in support of their defences nor asked to appear before the EC for
an oral hearing.
On 19th and 20th June 2007 Mr. Veselin Topalov and Mr. Silvio Danailov addressed
to the EC two distinct but similar letters, declaring to be ready to cooperate
with the EC on the investigations regarding the complaints against them. Both
men also asked the EC to obtain from the Organizing Committee of the match Topalov-Kramnik
in Elista “all the materials and evidences from the match” and “the
original tapes from the games of the match in the state they were presented
to the members of (Topalov) team and to the Appeals Committee of the match,
as the behaviour of GM Kramnik was the starting point of the conflict”.
Both men also asked the EC to take into account “the behaviour of Mr.Kramnik
and his declarations during the press-conference after game 5 of the match”.
In accordance with article 7 of the EC Internal Rules, the Chairman of the
EC, mindful of the request from Messrs Topalov and Danailov, through the FIDE
Office in Elista asked the Organising Committee of the World Championship to
make a copy of the video tapes of the match available to the EC. On 17th July
2007 Mr. Valery Bovaev, Chairman of the Executive Committee World Chess Championship
match 2006, informed the EC, through the FIDE Office in Elista, that “according
to the statement of the Head of the Administration of the informational resources
of the Republic of Kalmykia Mr. Namsinov, who was in charge for the security
and tapes as well during the Championship match, the video tapes from the Topalov-Kramnik
match have been destroyed”. Prior to receiving to this report, FIDE Offices
have never been informed of Mr. Valery Bovaev’s decision.
On 14th July 2007, noting article 8 of the FIDE Ethics Commission Internal
Rules, given the complexity of the case, the EC deemed necessary and appropriate
to fix a hearing and decided to hold a hearing on Saturday 28th July 2007 at
16.30, in the "Abbey Hall" conference room in the Royal Olympic Hotel,
28-34 Ath. Diakou, Athens, Greece. Mr. Veselin Topalov and Mr. Silvio Danailov
were immediately informed of the hearing.
On 18th July 2007 Mr. Veselin Topalov and Mr. Silvio Danailov informed the
EC that they could not attend the hearing and asked to postpone the hearing
to October 25th or 26th.
On 20th July 2007 the Chairman of the EC responded to Messrs. Topalov and
Danailov that it was not possible to postpone the hearing and proposed as an
alternative solution a video or telephone conference. On 24th July 2007 Mr.
Veselin Topalov and Mr. Silvio Danailov agreed to participate in the EC hearing
into the complaints against them via telephone conferences, and Mr. Silvio Danailov
submitted a written defensive document, where he specified that he “never
accused Mr.Kramnik of cheating during the match. Our appeal was against his
very strange, not sportive and not correct behaviour during the games in Elista.
He was spending a lot of time on the rest and toilet rooms, visiting the toilet
around 40-50 times during the first two games, average of 12 times every hour,
which is simply too much. Having in mind that the toilet was the only place
without video and audio control. … In our opinion the behaviour of Mr.
Kramnik was not ethic at all. During the WCC match the players have to be on
the stage in front of everybody, and not hidden on rest rooms and toilets. Our
appeal was completely legal according to the FIDE regulations. We have paid
deposit of USD 5000 and was acting always legally. After watching the tapes
from Kramnik’s rest room the Appeal Committee agreed with our position
and even the FIDE President support their decision from the beginning”.
Mr. Silvio Danailov put forward in support of his, and Topalov’s, defence,
a copy of the following documents: “1. The picture of the computer cable
UTP 5 which our technical specialists found on the Kramnik’s toilet. 2.
The official protocol that the cables really was found, signed by the Chief
of Organizing Committee Mr.Bovaev and the Deputy Arbiter Mr.Nikolopolous. 3.
The official resignation of the second Appeal Committee, when they realised
what was going on in Elista”.
On 28th July 2007 a public hearing of the EC was held in Athens. Two telephone
conferences with Mr. Veselin Topalov and Mr. Silvio Danailov were organised
during the hearing. Mr. Veselin Topalov and Mr. Silvio Danailov answered all
the questions asked by the Members of the EC. They again requested a postponement
of the EC decision to October 25th or 26th.
The case was discussed and decided by the EC in Athens, Greece on 28th- 29th
July 2007.
After the discussion, the EC decided the issues concerning admissibility and
jurisdiction achieving unanimity (Mr. Roberto Rivello, Mr. Ralph Alt, Mr. Laurence
Ball, Mr. Dirk J.A. De Ridder, Mr. Noureddine Tabbane, Mr. Ian Wilkinson).
The EC, by a majority of its sitting members, rejected the requests by Mr.
Veselin Topalov and Mr. Silvio Danailov for a postponement of the EC decision
(Mr. Roberto Rivello, Mr. Ralph Alt, Mr. Laurence Ball, Mr. Dirk J.A. De Ridder
in favour; Mr. Ian Wilkinson against; Mr. Noureddine Tabbane abstained).
Before the vote was taken, Mr. Ian Wilkinson expressed the view that: “the
EC should not proceed to determine the cases at this time. He felt that both
the matters against Messrs. Topalov and Danailov should be postponed until October,
2007 as both men had requested. He was also of the opinion that although the
facts giving rise to the complaints/charges were approximately nine months old,
no harm could be done by postponing the matters and the interests of justice
dictated that both men be given a chance to put forward their defences fully.
He further suggested that if the EC did not agree with adjourning the matters
until October, 2007 as requested then the cases should be adjourned for a shorter
period, for example until the 31st August, 2007, and the EC could immediately
give both men a chance until that extended time to present any evidence in support
of their defences, warning them that a failure to do so would leave the EC with
no alternative but to proceed. He was very concerned at the revelation that
the recording or videotapes of the proceedings of the 2006 World championship
match in Elista had been destroyed. He found this unbelievable having regard
to the obvious importance of the videotapes and bearing in mind the pending
complaint by Mr. Kramnik and/or Mr. Hensel”. Mr. Wilkinson further declared
that: “as a principle and bearing in mind his belief that the matters
should not proceed at this time, he would not participate in the decisions on
the cases although he reserved the right to be a part of the EC’s discussions”.
The EC decided the issues concerning the position of Mr. Veselin Topalov achieving
a majority (Mr. Roberto Rivello, Mr. Ralph Alt, Mr. Laurence Ball, Mr. Dirk
J.A. De Ridder, Mr. Noureddine Tabbane in favour; Mr. Ian Wilkinson abstained).
The EC decided the issues concerning the position of Mr. Mr. Silvio Danailov
achieving a majority (Mr. Laurence Ball, Mr. Dirk J.A. De Ridder, Mr. Noureddine
Tabbane in favour; Mr. Roberto Rivello, Mr. Ralph Alt against; Mr. Ian Wilkinson
abstained).
Mr. Roberto Rivello was charged with the draft of the judgement, except for
the part of the motivation concerning the position of Mr. Silvio Danailov (paragraph
“Danailov Responsibility”), considering that he voted against this
decision. Mr. Laurence Ball was charged with the draft of this part. None of
the EC members asked to deliver a separate opinion.
According to articles 4.5 and 4.6 of the FIDE Code of Ethics: “any decisions
made by the Ethics Commission may be the object of appeal arbitration proceedings
in accordance with the Code of sports-related arbitration of the Court of Arbitration
for Sport in Lausanne, Switzerland”, “the time limit for appeal
is twenty-one days following the communication of the decision concerning appeal.
All recourse to ordinary courts is excluded”.
CHRONOLOGY OF THE FACTS
Before dealing with the questions concerning the admissibility of the complaints
and the jurisdiction of the EC, it is useful to reconstruct the chronology of
the facts connected with the 2006 Elista World Chess Championship, on the basis
of the documents collected during the proceedings:
-
the World Championship match between Mr. Veselin Topalov and Mr. Vladimir
Kramnik started in Elista on 23rd September 2006, with the first game. The
Chief Arbiter of the match was Mr. Geurt Gijssen; the Deputy Arbiter was
Mr. Panagiotis Nikolopoulos; the Chairman of the Executive Committee World
Chess Championship match 2006 was Mr. Valery Bovaev; the Members of the
Appeals Committee were Mr. Georgios Makropoulos, Mr. Zurab Azmaiparashvili
and Mr. Jorge Vega.
-
On 28th September 2006 Mr. Silvio Danailov, as a “Manager of the
Bulgarian team”, addressed an open letter to the Organisation Committee
and to the Appeals Committee, stating that, after a “careful study
of the video recordings from the rest rooms done by the technical experts
of the Bulgarian team”, they discovered a so frequent use of the toilet
room by Mr. Vladimir Kramnik that, in their opinion, was “quite strange,
if not suspicious”, asking for some measures aimed “to ensure
the best conditions for fair play and rule out all suspicions”, first
of all demanding “to stop the use of the rest rooms and the adjacent
bathrooms for both players” and even that “if a player needs
to go to the bathroom, he can use the public bathroom, but only with permission
from the Arbiter and accompanied by an assistant arbiter. The Organizing
Committee should present the video tapes from the rest rooms to all journalists
accredited in the press-centre so that they can verify for themselves the
facts described by us”. Mr. Silvio Danailov added that, if “this
extremely serious problem remain unsolved by 10.00 o’clock tomorrow
(September 29th, 2006), we would seriously reconsider the participation
of the World Champion Veselin Topalov in this match”.
-
On 28th September 2006 the Appeals Committee examined the appeal from
Mr. Silvio Danailov and the recordings received by the Organizers (“…
part of the video recording of the rest room from games 1, 2 and 4 and the
whole recording of game 3. There were technical problems that did not allow
a full recording of the rest rooms where a partial recording was made available”),
and considering that “… in the appeal there is an exaggeration
of the number of times that Mr. Kramnik visited the toilet. Despite there
being an unusual number of visits, this is insufficient on its own to come
to a conclusion”, decided “to close both the toilets in the
players' rest rooms and to open another toilet that will be available only
to the two players”, rejecting the other requests formulated by Mr.
Silvio Danailov.
-
On 29th September 2006 Mr. Carsten Hensel, on behalf of Mr. Vladimir Kramnik,
addressed an open letter to the FIDE President, rejecting the decision of
the Appeals Committee and demanding to replace the members of the Appeals
Committee, because the Appeals Committee decision “is clearly violating
both the rules and regulations of the WCC match and the rights of Mr. Kramnik”,
“the relevant clause in contract of Mr. Kramnik expels: ‘FIDE
shall provide a rest room and toilette for the players during the WCC match
in the playing hall and close to the stage (if possible backstage) to be
equipped with a live monitor furnished with coffee and tea as well as with
light refreshments.’ …. This is what we call an utterly unfair
behaviour which is not in accordance with the FIDE Code of Ethics. The decision
taken by the Appeals Committee can only be seen as another attempt to disturb
Mr. Kramniks concentration”, “our team does not trust the objectivity
of the Appeals Committee anymore. Therefore it makes no sense for us to
bring a protest to this table and Mr. Kramnik strongly insists once again
that the members of the Appeals Committee will be changed immediately and
that the heads of the Organizing Committee are taking their responsibilities”.
-
In a press conference held on 29th September 2006, Mr. Georgios Makropoulos
said that “the Appeals Committee watched all the video recordings.
Only the third game was recorded in full. There are recordings of one hour
and a half from the first and second games and there is a blank of one hour
and a half in the recording of the fourth game. We have found out that the
team of Topalov exaggerated the number of Kramnik’s visits to the
toilet. However, the numbers are still unusually high. In the video recording
which we got hold of, Kramnik visited the toilet 25 times. In the third
game the number is 18. In the first two games, in one hour and a half –
11 or 12 times”. “I would like to reiterate that we have no
connection between the number of the visits to the toilet and possible use
of some external help. We have requested Mr. Hensel to comment on these
numbers and received the explanation to the tune that Vladimir uses the
toilet space for walking. According to the opinion of the Appeals Committee,
this explanation is unsatisfactory, as Kramnik was staying each time 1 or
2 minutes in the toilet”. “I would like to say that FIDE is
not sharing any fears regarding use of external assistance during the games,
but our opinion here is not important – we should meet the players
halfway, in order for them to feel comfortably at the board and not to worry
about fair play … for us the most important thing is for the both
players to feel protected from the use of the external help by their respective
opponent”. “According to the contract, FIDE shall provide both
players with a restroom and a toilet. It is obvious for us that the contract
is not binding us to provide the toilet in the restroom, otherwise the sentence
would read ‘a restroom with a toilet’. Therefore, the appeal
of Mr. Hensel regarding this point of the contract is groundless”.
-
On 29th September 2006 Mr. Vladimir Kramnik forfeited the 5th game of
the match.
-
On 29th September 2006, after the forfeited game, Mr. Carsten Hensel,
on behalf of Mr. Vladimir Kramnik, addressed a second open letter to the
FIDE President, first of all asking that the members of the Appeals Committee
be dismissed and replaced.
-
On 30th September 2006 the 6th match game was postponed.
-
On 1st October 2006 an “Inspection
of the rest room and the toilet of Mr. Vladimir Kramnik” was carried
out. After the “inspection” was redacted the following report:
“S. Danailov, D. Djonkov, R. Ivanov Gospodinov (representatives of
the Topalov team) in the presence of the Deputy Chief Arbiter P. Nikolopoulos,
the Chairman of the Executive Committee V. Bovaev carried out an inspection
of the rest room and toilet of Mr. Vladimir Kramnik. The inspection included:
I. 1. Dismantling of two thirds of the suspended ceiling in the bathroom.
An UTP-5 cable was discovered as a result of the dismantling and removed
upon agreement by the two parties. The suspended ceiling parts were installed
after the inspection. 2. Dismantling of the instantaneous water heater whose
power was cut off, then restored and it was sealed. 3. A chipped wall tile
under the sink was filled with polyurethane. 4 Opening and check of the
ventilation shaft in the toilet wall which was filled at the request of
the Bulgarian side. 5. Sealing of the cables which remained after dismantling
of the shower cabin, sealing of the sewer hole used for the shower cabin.
6. All toilet walls were checked using a special device by the Bulgarian
experts. Upon completion of the above actions the entrance door to the toilet
was sealed. II. 1. The rest room, which is under constant video surveillance,
was carefully inspected by the experts of the Bulgarian side. 2. Upon request
by the Bulgarian side the video surveillance of the Kramnik rest room will
be carried out 24 hours starting at 15.00 today, 1 October 2006. The video
tapes will only be watched by Mr. Nikolopoulos who shall not provide them
to third parties. The inspection took place on 1 October 2006 from 13.00
to 15.00. The room of Mr. Kramnik fully complies with all conditions for
its future use. The parties are satisfied with the inspection results”.
-
On 1st October 2006 the Board of the Association of Chess Professionals
published a “statement” in which they “strongly protest
against behaviour of Mr. Silvio Danailov … and expect him to officially
apologise to Mr. Kramnik. Otherwise, we believe that the case should be
carefully investigated by the FIDE Ethics Commission and the proper measures
taken to avoid such situations in the future”.
-
On 2nd October 2006 the match started again, after the personal involvement
of the FIDE President in the negotiations between the parties. After the
resignation of two of members of the Appeals Committee, namely Mr. Georgios
Makropoulos and Mr. Zurab Azmaiparashvili, they were replaced by Mr. Boris
Kutin and Mr. Faik Gasanov; both the toilettes in the restrooms were opened
again; Mr. Vladimir Kramnik agreed to continue to play, but “under
protest”. Having regard to his forfeit in the 5th game of the match;
Mr. Vladimir Kramnik presented an appeal addressed to the Appeals Committee.
-
On 2nd October 2006 the 6th game was played;
-
On 3rd October 2006 the Appeals Committee decided that “the appointment
of the new Appeals Committee does not mean that the new one appointed has
the power of overruling any decisions taken by the former Appeals Committee,
which are absolutely final”, specifying that “the new Appeals
Committee has the power to decide on any appeal submitted starting from
the 6th Round of the match”.
-
On 3rd October 2006 Mr. Carsten Hensel, on behalf of Mr. Vladimir Kramnik,
addressed a letter to the Chairman of the Executive Committee World Chess
Championship match 2006 Mr. Valery Bovaev, writing that he had “received
information that the Topalov team might try to involve Mr. Kramnik in another
scandal. According to this information they might be planning to create
a situation by somehow manufacturing ‘evidence’ to prove that
Mr. Kramnik is cheating” and asking for some measures against this
alleged risk.
-
On 4th October 2006 Mr. Jorge Vega and Mr. Boris Kutin allegedly drafted
a document, addressed to the FIDE President, resigning as members of the
Appeal Committee. Mr. Silvio Danailov submitted a copy of this document
in his response to the EC. This document was, apparently, never presented
to the FIDE President. Mr. Jorge Vega and Mr. Boris Kutin did not resign
as members of the Appeal Committee.
-
On 4th October 2006 Mr. Silvio Danailov wrote a press release that was
published on the Chessbase website, concerning “Coincidence Statistics
of the moves of GM Kramnik with recommendations of the chess program Fritz
9”.
-
On 4th October Mr. Carsten Hensel, on behalf of Mr. Vladimir Kramnik, addressed
to the EC a first letter of complaint to the EC against Messrs. Topalov
and Danailov.
-
On 4th October 2006, Mr. Carsten Hensel, on behalf of Mr. Vladimir Kramnik,
wrote in a press release that “due to the facts that: FIDE breached
the contract; an illegal protest of Mr. Topalov has been approved by the
former FIDE Appeals Committee (this decision was already final and confirmed
by the FIDE President in writing); Game 5 should have never been started
under these conditions. Mr. Kramnik will follow the strong advise from his
lawyers to sue FIDE after this match has been concluded”.
-
On 9th October 2006, after receiving a request by the FIDE Legal Adviser
Morten Sand, Mr. Valery Bovaev, Chairman of the Executive Committee World
Chess Championship match 2006, addressed to the FIDE Offices the following
statement: “I would like to state herewith the following. –
As per the oral demand of the then Appeals Committee of the Match (in person
Messrs. Makropoulos, Azmaiparashvili), the examination of the video recordings
of the rest rooms during the first two games in the cottage of Veselin Topalov
was carried out on 25 September 2006. In the examination of the video recordings
the following persons took part: the representatives of the Executive Committee:
Gennady Namsinov (Head of the Informational Resources Department), Mingian
Bazyrov (Vice of the Informational Resources Department); experts of the
Bulgarian delegations headed by the manager of Topalov Mr. Silvio Danailov.
The Appeals Committee members did not participate in the video recordings
examination. – Messrs. Makropoulos, Azmaiparashvili and Vega initiated
a second examination as well and it took place on 27 September 2006. The
three members of the Appeals Committee together with the Chief Arbiter of
the Match Mr. Gijssen and the Deputy Arbiter Mr. Nikolopoulos, who were
also invited, watched the recordings. On behalf of the Executive Committee
there were Messrs Namsinov and Bazyrov. The third examination of the video
recordings, which took place on 28 September 2006, with the Chief Arbiter
Mr. Gijssen and his Deputy Mr. Nikolopoulos and also with the participation
of the Bulgarian experts and the representatives from the Executive Committee
Messrs. Namsinov and Bazyrov was carried out. The Appeals Committee did
not take part in the examination of the video recordings. – Two last
(second and third) examinations of the video recordings took place in the
Office of the Chairman of the Executive Committee of the Match. –
After the resignation of the Appeals Committee I took the decision to stop
providing the Bulgarian Team representatives with any further video”.
-
On 10th October 2006 Mr. Carsten Hensel, on behalf of Mr. Vladimir Kramnik,
addressed an open letter to the FIDE President and to the Chairman of the
Executive Committee World Chess Championship match 2006 Mr. Valery Bovaev,
asking to replay the 5th game of the match and specifying that “Vladimir
Kramnik will be playing this match, including a possible tiebreak, up to
the last move under protest”.
-
On 13th October 2006 the World Championship match was concluded, after
tie-breaks, with victory for Mr. Vladimir Kramnik.
-
On 18th December 2006 the journalist Federico Marin Bellon published on
the Spanish ABC platform an interview given by Mr. Veselin Topalov. Some
days before, on 14th December 2006, the same journalist published the same
article on the newspaper El Norte de Castilla.
-
On 18th December 2006 Mr. Carsten Hensel, writing on behalf of Mr. Vladimir
Kramnik, addressed to the EC, by email, a second complaint against Messrs.
Topalov and Danailov.
-
On 24th June 2007 the FIDE Presidential Board, during the meeting held
in Tallinn, Estonia, stated that “the Presidential Board and the FIDE
President want to stress once again that the decisions of the Appeals Committee
in the match were in accordance with the match regulations as well as the
contracts and were meant to ensure equal playing conditions for both players”.
ADMISSIBILITY AND JURISDICTION
The two letters presented by Mr. Carsten Hensel on behalf of Mr. Vladimir
Kramnik, having the value of complaints, formed the genesis or basis for the
instant case (n. 4/2006). In these complaints it was specified that the behaviour
of Mr. Veselin Topalov and Mr. Silvio Danailov allegedly discredited and damaged
both Mr. Vladimir Kramnik and the FIDE’s reputation.
In Mr. Veselin Topalov’s above-mentioned interview with the Spanish
journalist, the FIDE President Mr. Kirsan Ilyumzhinov and the organisers of
the World Championship in Elista were mentioned. The charges against Mr. Veselin
Topalov and Mr. Silvio Danailov were, therefore, broadly formulated as comprehensive
of a violation of the interests of FIDE, FIDE President and of the interests
of the organisers of the World Championship in Elista as well.
Nevertheless, no FIDE organ presented a report to the EC about this case,
neither did the FIDE President nor the organisers of the World Championship
in Elista have filed a complaint with the EC.
Taking into account the interpretation of the FIDE Statute on this point,
given by the EC in the Guidelines to the interpretation of FIDE Code of
Ethics (which have to be considered as a part of this judgment and are
joined to it as an addendum), if no report by a FIDE organ has been
presented, but just a complaint, the EC has not a full general jurisdiction
on the referred facts, but just a competence limited to the relevant legitimate
interests of the complainant.
Thus, in the part concerning an alleged damage to the reputation of FIDE,
FIDE President and of the organisers of the World Championship in Elista, the
complaints are not admissible nor receivable. Therefore the charges concerning
the violation of par. 2.2.10 of the FIDE Code of Ethics have to be dismissed.
On the other hand, in the part concerning the alleged damage to Mr. Vladimir
Kramnik’s reputation, the complaints are receivable and the EC is competent
to judge on the facts, but within some limits.
It is necessary to operate a distinction between the two complaints.
On 3rd and 4th October 2006 Mr. Carsten Hensel, on behalf of Mr. Vladimir
Kramnik, lodged many different requests and complaints, addressed to various
different organs: FIDE President, EC, Appeals Committee, World Championship
Organisation, reserving his right to present a case to the CAS (Court of Arbitration
for Sport). Normally, in accordance with FIDE rules, these organs have completely
different competences, but in this case the Appeals Committee was invested with
broader competences.
On 5th April 2006 FIDE and Mr. Vladimir Kramnik arrived at an Agreement concerning
the World chess championship due to be held in Elista. On 7th April 2006 FIDE
and Mr. Veselin Topalov arrived at an identical agreement. Relevant, and applicable
to these agreements and the match are FIDE Statute, FIDE Code of Ethics and
FIDE rules and regulations (vide par. 2.6 of the Agreements), but a separate
“schedule”, named “Regulations”, incorporated into the
agreements, regulates in a different way some specific points, and the match
“shall be organised according to the rules set out” in this schedule
(par. 2.4 of the Agreements). “Should a dispute arise between the parties
hereto with the respect to the rights and obligations hereunder the parties
shall use their best efforts to solve the dispute amicably. If such a dispute
cannot be resolved a party may submit the case to the Court of Arbitration for
Sport in Lausanne” (par. 13.1 of the Agreements).
Some points of these match “Regulations” are relevant:
-
par. 3.11.2 “If a player … conducts himself in a manner contrary
to the spirit of sportsmanship or the FIDE Code of Ethics, then he shall
suffer the following penalty: 5% of his prize money shall be forfeited to
the Organisers and a further 5% to FIDE for each breach. In case of serious
misconduct the player may be disqualified from the match and the World Chess
Championship cycle”.
-
par. 3.17 “Appeals Committee. 3. 17. 1 The President or his Deputy
shall be Chairman of the Appeals Committee. There shall be two (2) other
members all from different Federations. No member of the Appeals Committee
can be from the federation of either player. All protests must be submitted
in writing to the Appeals Committee not more than two (2) hours after the
relevant playing session, or the particular infringement complained against.
The Committee may decide on the following matters: a) an appeal against
a decision by an arbiter, b) a protest against a player’s behaviour,
c) a complaint alleging false interpretation of the regulations, d) a request
for the interpretation of specific regulations, e) a protest or complaint
against any participant, or f) all other matters which the Committee considers
important. If possible, the Committee shall reach a decision not more than
two (2) hours after the submission of a protest. The appeals process shall
include written representations and a written decision. The Committee shall
endeavour to find binding solutions that are within the true spirit of the
FIDE motto, Gens Una Sumus. Each protest must be accompanied by a deposit
fee of USD 5,000 (five thousand US Dollars) or the equivalent in local currency.
If the protest is accepted as logical and reasonable, the fee shall be returned
even if the protest will be rejected. The fees not to be returned due to
unreasonable protests shall be forfeited to FIDE. The written decision of
the Appeals Committee arising from any dispute in respect of these regulations
shall be final.
-
par. 3.23.1 “At any time in the course of the application of these
regulations, any grounds that are not covered or any unforeseen event shall
be referred to the Presidential Board or the President of FIDE, for final
decision”.
It is clear that these Agreements between both men and FIDE introduced some
derogations to the common FIDE rules, exactly on the EC competences. The Appeals
Committee had the power and the duty to give application to the FIDE Code of
Ethics during the match and can impose some specific and particular sanctions,
thus can adjudicate on the accusations of cheating and on the opposite allegations
of false accusations. The Presidential Board and the FIDE President too were
invested of some particular competences, in accord with these Agreements.
Actually, the Appeals Committee, the FIDE President and the Presidential Board
(with a statement on 24th June 2007) judged on these issues. The EC was not
even mentioned in the Agreements and does not, and cannot have, competence or
jurisdiction to judge on these same issues.
These derogations were introduced by the parties, the will of the parties
was clearly manifested in the Agreements subscribed by them. These derogations
cannot be considered illegitimate in relationship with FIDE Statute: an argument
in favour of this possibility is given by art. 3.5 of the FIDE Code of Ethics.
Therefore the first complaint lodged by Mr. Carsten Hansel and Mr. Vladimir
Kramnik is not admissible nor receivable, in the parts concerning both the request
to investigate on “all events from the WCC 2006 at Elista” and an
accuse of the existence of a “strategy” by the “Team Topalov”
to damage Mr. Vladimir Kramnik during the match, affecting Mr. Kramnik’s
psychological state, in order to obtain an illegitimate advantage for Mr. Veselin
Topalov. Thus the charges concerning these facts and the violation of par. 2.2.5
of the FIDE Code of Ethics have to be dismissed.
Nevertheless, the first complaint also regards a press release published on
the Chessbase website and attributed to Silvio Danailov, concerning “Coincidence
Statistics of the moves of GM Kramnik with recommendations of the chess program
Fritz 9”. To be more precise this was the first subject of the complaint.
This document was not addressed by Mr. Danailov to the Appeals Committee or
to a FIDE organ, nor did the Appeals Committee adjudicate on it. It was a press
release that, even if related to the World Championship match, was extraneous
to the formal acts of the World Championship match and allegedly could affect
Mr. Vladimir Kramnik’s reputation in a broader sense. Thus, normal rules
can be applied in this case.
Within these very narrow limits, the EC has jurisdiction and is competent
to judge on the first complaint.
Regarding the second complaint there are no other problems of competence.
Mr. Veselin Topalov’s interview to the journalist Federico Marin Bellon
was given and published on December 2006, two months after the end of the World
Championship in Elista. The interview concerned the World Championship but,
of course, the Appeals Committee no longer had jurisdiction to judge on it anymore.
Therefore, the complaint is receivable and the EC is competent to judge on the
alleged damage to Mr. Vladimir Kramnik’s reputation.
TOPALOV RESPONSIBILITY
From a factual point of view there are two charges against Mr. Veselin Topalov
arise from the following: the press release published on 4th October 2006 and
the interview given to the journalist Federico Marin Bellon on December 2006.
Mr. Veselin Topalov and Mr. Silvio Danailov have never cast any doubt on the
fact that Mr. Silvio Danailov wrote the press release and Mr. Veselin Topalov
gave the interview and the journalist correctly recorded his words.
In the telephone conference realised during the EC hearing in Athens, Mr.
Veselin Topalov was fully cooperative and sincere in his declarations: he confirmed
the interview to the journalist Federico Marin Bellon and he admitted to using
the words reported by the journalist. Nevertheless, in relation to the phrases
mentioned in the charges against him, he stated that “this is a personal
opinion, which I expressed during a private ‘off the record’ conversation
with the journalist, and I did not expect to be published in the interview”.
Mr. Veselin Topalov believes in the opinions he expressed, mainly because the
video recordings during the match showed an “illogical behaviour”
by Kramnik and “people from my team whom I absolutely trust told me that
it was very probable that Kramnik received external help”. About the complaints
and the requested presented by Danailov during the match, Mr. Veselin Topalov
specified that it was not a provocation to gain any unfair advantage over Mr.
Kramnik, but an expression of genuine concern. About statistics, he mentioned
he would like to “check if the moves of Kramnik coincide with the moves
proposed by computer chess programs”: thus admitting that his team had
worked on this issue, but without specifying whether or not he was informed
of the 4th October press release.
Even Mr. Silvio Danailov cooperated with the EC. During the telephone conference
he did not deny having written the 4th October 2006 press release, but he specified
that he “never accused Mr. Kramnik of cheating”. He was asked if
he had not expressed this opinion on other occasions, for instance in relationship
to the book “The Toilet War”, written by Zhivko Ginchev; he answered
“no”, adding that he had no responsibility for any allegation of
cheating against Kramnik in this book and that any responsibility for any such
allegation against Kramnik lay with the author.
All this considered, the facts are sufficiently clear.
Mr. Veselin Topalov violated the FIDE Code of Ethics.
First complaint (Press release – 4th October 2006)
Mr. Veselin Topalov had the right to lodge a complaint to the Appeals Committee
and even to report any suspicion on his opponent’s behaviour to the Appeals
Committee for it to make a ruling.
“Coincidence Statistics” could be a reason for a suspicion, even
if nothing more. But to present these “Coincidence Statistics” in
a press release was just an indirect accusation of cheating not addressed to
the competent organ. This was an accusation without any evidence and, therefore,
unjustified, and an accusation that was damaging, or potentially, to Mr. Vladimir
Kramnik’s reputation. There was consequently a violation of art. 2.2.9
and 2.2.11 of the FIDE Code of Ethics.
There is no clear evidence that Mr. Veselin Topalov approved or knew exactly
of the contents of this press release. It is even possible that Mr. Veselin
Topalov believed that the document “Coincidence Statistics” had
been addressed to the Appeal Committee. Nonetheless, as provided by rule 2.2.8
of the FIDE Code of Ethics, “players are responsible for the actions of
acknowledged members of their delegations”.
In any case, Mr. Veselin Topalov’s responsibility for this press release
is quite a minor one.
Second complaint (Interview – December 2006)
In the interview given to the journalist Federico Marin Bellon, Mr. Veselin
Topalov answered the journalist questions as follows: “El Kremlin nunca
reconocerá que envenenó al espía ruso, lo que parece obvio,
ni Kramnik que hizo trampas”, “(¿Cree que Kramnik siguió
haciendo trampas después de destaparse el escándalo?) Personalmente,
creo que sí y que el nuevo método fue mejor. ... (¿También
en el desempate?) Ahí tenían un sistema que no fallaba. En la
cuarta partida, incluso cuando ya me tenía ganado, Kramnik hizo una jugada
que sólo se le ocurre a una máquina. Luego, tenía derecho
a un día de descanso, pero ni enfermo lo pidió. Si te van a pasar
las jugadas, mejor jugar cuanto antes. Pero lo hicieron mejor que la chapuza
de los cables. … -Si esto sigue así, con la tecnología de
los rusos, Kramnik va a ser invencible en un match”.
These statements were clearly defamatory and damaged the honour of Mr. Vladimir
Kramnik, harming his personal and professional reputation.
Mr. Veselin Topalov, in his defence, asked the EC to give him more time to
present further evidence, probably to submit an “exceptio veritatis”,
to prove his statements were true in substance. But, first of all the Defendant
has had more than sufficient time for this and, after the information communicated
to him on 23rd April 2007 by the EC, he did not present any document or evidence.
Secondly, when he gave the interview in December 2006 he had no any new evidence
at all. And in any case the substance of his communication was not even limited
to the 2006 World Chess Championship in Elista, but went further, declaring
that Mr. Vladimir Kramnik cheated during the match and will cheat in future
matches. Thus, there is no justification for his behaviour.
Mr. Veselin Topalov conduct was likely to injure and discredit Mr. Vladimir
Kramnik’s reputation, thus Mr. Veselin Topalov violated art. 2.11 of FIDE
Code of Ethics.
Sanction
Mr. Veselin Topalov was the FIDE World Champion and his reputation, as a person
and as a player, was and is very high.
The most important point is to state clearly that nobody can violate the FIDE
Code of Ethics with impunity. The World Champion has no special immunity. Indeed,
the opposite is arguably true, that is, that World Champions have more responsibilities
than anybody else, from an ethics point of view. Sportsmanship is very important,
particularly in connection with the World Championships.
Mr. Veselin Topalov cooperated with the EC and was very sincere in his declarations
during the hearing: this point have to be appreciated in his favour.
A severe reprimand is a sanction adequate and appropriate in the circumstances.
In the case of any serious similar breach against the FIDE Code of Ethics
committed by Mr. Veselin Topalov within the next twelve months, this judgment
will be considered by the EC as a precedent and Mr. Veselin Topalov could be
imposed with a suitable fine and could be excluded from participation in all
FIDE tournaments for at least a one-year period.
DANAILOV RESPONSIBILITY
Mr. Silvio Danailov is alleged to have made defamatory remarks concerning
the actions of Mr Vladimir Kramnik during the World Championship match held
in Elista from the 21st September 2006 to the 13th October 2006.
In Common Law there is a general right of opinion of an individual and his
right to express it. However this needs to be balanced by the factual contents
of the statement(s) made and to whether the statement(s) could be considered
harmful or defamatory to a third person or persons. The law of defamation may
vary in different orders but in the this case the interpretation would be universal.
In this instance, it is not up to Mr. Vladimir Kramnik to prove that he is innocent
of any wrongdoing but rather it is Mr Silvio Danailov who has to prove that
his statements are true.
During the public hearing Mr Silvio Danailov offered to meet the Chairman
of the EC, Mr Roberto Rivello, later in the year and to provide evidence that
Mr Vladimir Kramnik was guilty of the charge that he made. The EC were of the
opinion that there had been ample opportunity to provide evidence to the World
Championship organisers, FIDE and the EC and thus the case would proceed.
The press release, written by Mr Silvio Danailov, that appeared on the Chessbase
website on 4/10/2007 [intended is 2006] was, by innuendo, considered
to be defamatory.
In view of the above Mr. Silvio Danailov is reprimanded and warned as to his
future conduct.
ON THESE GROUNDS
the EC rules that:
-
in the part concerning an alleged damage to the reputation of FIDE, FIDE
President and of the organisers of the World Championship in Elista, the
complaints filed by Mr. Carsten Hensel, on behalf of Mr. Vladimir Kramnik,
are not admissible nor receivable and the charges concerning the violation
of art. 2.2.10 of the FIDE Code of Ethics have to be dismissed;
-
in the parts concerning both the request to investigate on “all
events from the WCC 2006 at Elista” and an accuse of the existence
of a “strategy” by the “Team Topalov” to damage
Mr. Vladimir Kramnik during the match, affecting Mr. Kramnik’s psychological
state, in order to obtain an illegitimate advantage for Mr. Veselin Topalov,
the complaint filed by Mr. Carsten Hensel, on behalf of Mr. Vladimir Kramnik,
on 4th October 2006, is not admissible nor receivable and the charges concerning
these facts and the violation of par. 2.2.5 of the FIDE Code of Ethics have
to be dismissed;
-
Mr. Veselin Topalov is coresponsible for the publication of a press release,
on 4th October 2006, concerning “Coincidence Statistics of the moves
of GM Kramnik with recommendations of the chess program Fritz 9”.
Presenting these “Coincidence Statistics” in a press release
was an indirect accusation of cheating not addressed to the competent organ,
an unjustified accusation that damaged Mr. Vladimir Kramnik’s reputation.
Therefore Mr. Veselin Topalov violated art. 2.2.9 and 2.2.11 of FIDE Code
of Ethics.
-
Giving an interview to the Spanish journalist Federico Marin Bellon, Mr.
Veselin Topalov committed a conduct likely to injure or discredit the Mr.
Vladimir Kramnik’s reputation, thus violating art. 2.2.11 of the FIDE
Code of Ethics.
-
Mr. Veselin Topalov is sanctioned with a severe reprimand.
-
In the case of any serious similar breach against the FIDE Code of Ethics
within the next 12 months, this judgment will be considered by the EC as
a precedent and Mr. Veselin Topalov could be imposed with a suitable fine
and could be excluded from participation in all FIDE tournaments for at
least a one-year period.
-
Mr. Silvio Danailov’s conduct violated art. 2.2.9 and 2.2.11 of
FIDE Code of Ethics.
-
Mr. Silvio Danailov is sanctioned with a reprimand.
Done in Athens, 29 July 2007.
The Chairman of the FIDE Ethics Commission
Roberto Rivello