The Chairman of the FIDE Ethics Commission, Prof. Roberto Rivello, has the pleasure to communicate that the FIDE Ethics Commission laid down the following decision introducing "Procedural Rules of the Ethics Commission". This decision was submitted to the attention of the FIDE President, Kirsan Ilyumzhinov, who provisionally approved it.
The FIDE Ethics Commission,
having considered that:
- the Ethics Commission has to deal with complex and very important cases;
- the Ethics Commission has a power of self-regulation and can lay down some internal rules, in the limits of a full respect of the FIDE Handbook;
- it is necessary to approve some "Procedural Rules of the Ethics Commission" for a better implementation of the competences assigned to the FIDE Ethics Commission.
to approve the following Procedural Rules. All the pending cases and the future cases in front of the FIDE Ethics Commission will be decided according to these Procedural Rules.
ETHICS COMMISSION - PROCEDURAL RULES
1. Register of cases
All complaints and reports concerning violations of the FIDE Code of Ethics shall be addressed to the FIDE Ethics Commission (hereafter called the "EC") through the FIDE Secretariat. The FIDE Secretariat will transmit copy of them to the Chairman of the EC.
A Register of the cases of the EC is set up at the office of the FIDE Secretariat.
The Chairman of the EC will communicate to the FIDE Secretariat the name and the progressive number assigned to each case.
The working language of the EC is English.
The EC shall, at the request of any party, authorize a language other than English to be used by the parties involved. In that occurrence, the EC may order any or all of the parties to bear all or part of the translation and interpreting costs.
The EC may order that all documents submitted in languages other than English shall be filed together with a certified translation in the language of the procedure.
3. Notifications and Communications
All notifications and communications that the EC intend for the parties shall be made through the FIDE Secretariat.
All communications that the parties intend for the EC shall be made through the FIDE Secretariat.
4. Representation and Assistance
The parties may be represented or assisted by persons of their choice. The names, addresses, telephone and facsimile numbers, e-mails addresses of the persons representing the parties shall be communicated to the FIDE Secretariat.
If a FIDE Federation, a FIDE Organ or any other person has an interest in a case submitted to the competence of EC, it may submit to the EC memorials and documents.
6. Rights of the Parties
Each person charged with a violation of the FIDE Code of Ethics has the right to be informed in writing (whether by letter, e-mail or otherwise) of the pending case before the final decision of the EC and has the right to present to the EC memorials and documents in support of his/her/their position.
Each party has the right, within the limits provided by art. 8, to ask to appear in front of the EC in an oral hearing.
7. Submissions of Documents and Written Procedure
The Chairman of the EC will fix a term, normally at least twenty days, for the submission of memorials and documents, failing which no further documents will be accepted by the EC. This term may be prolonged, if requested. Expired this term, the EC may decide upon the case.
Documents may be submitted even by e-mail.
The EC may acquire documents and statements, i.e. from FIDE organs, FIDE Federations, arbiters, players, organisers, tournament directors.
The procedure before the EC comprises an oral hearing only if the EC deems it appropriate and necessary.
Each party is responsible for all the costs directly or indirectly associated with their presence.
If a party asks for a hearing and the EC deems it not necessary, the party insisting on having the hearing will be required to pay a fee as a contribution for FIDE expenses and for the expenses of the other parties, in the event he loses the case. An appropriate amount of money to cover these expenses must be posted with FIDE Secretariat prior to the hearing.
The Chairman of the EC shall issue directions relating to the hearing and, in particular, he shall set the hearing date.
The hearing shall be public, unless the EC decides otherwise.
The Chairman of the EC shall conduct the hearing and ensure that the statements made are concise and limited to the subject of the case.
The EC may exceptionally authorize the hearing of witnesses and experts, even via tele- or video-conference.
Minutes shall be made at each hearing.
The deliberations of the EC shall be taken in private and remain secret.
All questions shall be decided by the majority of the members present.
The quorum for the judgment shall be of at least four members.
In the event of an equality of votes, the Chairman of the EC shall have the right to cast the decisive vote.
The judgment shall state in a written form the reasons on which it is based. It shall contain the names of the members of the EC who have taken part in the decision.
If the judgment does not represent in whole or in part the unanimous opinion of the members of the EC who heard the matter, any dissenting member shall be entitled to deliver a separate opinion.
A written copy of the judgment of the EC shall be delivered to each party (by letter, e-mail or otherwise) no later than twenty days after the judgement.