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The meeting of the commission was held on November 4, 2002 in Bled, Slovenia.
73rd FIDE Congress
Bled, Slovenia
Medical Commission
4 November 2002
Chairperson: Dr. J.M. Bellin, FRCA ( ENG)
Present: M. Schinis (CYP), Qaderi (AFG), Yousufzai (AFG), T. Redman (USA), D. Jarrett (ENG) - member, J. Berglund (USA), J. Baglari (IRI) – member, Dr. Ambarukmi (INA) – member, W. Arns (NED), Dr. Hans-Joachim Hopfeller ( GER), H. Hamers (NED), C. Gajadin (SUR), M. Siban (SUR).
The meeting was started with a minute of silence to acknowledge the intimely death of former Chairman Dr. P.Barreras.
Agenda
1. Chairperson&rsquos Report.
a) Medical Committee Activities since last Olympiad in Isambul 2000
b) Current position regarding testing during this Olympiad.
2. Discussion concerning existing FIDE antidoping Regulations, new WADA draft Regulations and the need to harmonize the two documents.
3. Proposals for Chairperson and Deputy Chairperson (to be ratified by the President).
4. Medical Sub-Committee to deal with point 2 of the Agenda.
5. The Chairperson answering various Committee members’ relevant questions. There is a clear need to inform the players and attending persons more fully. The Medical Sub-Committee (point 4) will cooperate and produce an explanatory leaflet regarding antidoping testing and the function of the FIDE Medical Committee.
6. Selection of members of Tribunal (to deal with doping offences) – deferred to later date of the General Assembly. Preliminary discussions only.
7. Close of the Meeting.
Dr. J.M. Bellin, FRCA
Chairperson
FIDE Anti-Doping Regulations
In furtherance of its role, Federation Internationale Des Echecs (FIDE), in close collaboration with the National Chess Federations (NCFs), the International Olympic Committee (IOC) and the National Olympic Committees (NOCs) dedicates its efforts to ensuring that in chess the spirit of Fair Play prevails, leads the fight against doping in sport and takes measures, the goal of which is to prevent endangering the health of competitors. (Within FIDE the body responsible for the above is the Medical Commission.)
Article 1
I. Doping contravenes the fundamental principles of Olympism and sports and medical ethics
2. Doping is forbidden
3. Recommending, proposing, authorizing, condoning or facilitating the use of any substance or method covered by the definition of doping or trafficking therein is also forbidden
Article 2
2. Doping is the use of an expedient (substance or method) which is potentially harmful to a competitor&rsquos health and/or capable of enhancing their performance, or
2. The presence in the competitor&rsquos body of a Prohibited Substance or evidence of the use thereof or evidence of the use of a Prohibited Method
3. The list of prohibited substances and methods is published by W ADA (World Anti-Doping Agency) and available on W ADA website
4. Although W ADA has recognised chess as a low risk sport all competitors have to know that there are no exceptions from this list.
The Medical Commission would like to make it clear, however, that there will be no &rsquoharsh punishments&rsquo for a first offence against the Anti-Doping rules.
Article 3
1. FIDE is entitled to carry out doping control on any competitor in any FIDE Competition.
A sample of approximately 5% of competitors shall be tested by random selection.
All winners (top 4 places) shall be tested. In team competitions one competitor from each team (top 4 places) shall be randomly selected to be tested
2. The actual conduct of doping control at FIDE Competitions shall be the Responsibility of the FIDE Medical Commission except where specifically delegated by FIDE Medical Commission to a subordinate agency
3. The procedures for Doping Control at FIDE Competitions shall be decided by the FIDE Medical Commission in accordance with the principles contained in Appendix A
4. At all other events (except where doping control is carried out under the rules of another sporting body) the NCF conducting the controls or in whose territory an event is held shall be responsible for conducting doping control and shall inform and report the results to the FIDE Medical Commission
5. Where doping control results in a positive test on a competitor, who is not a member of the NCF who conducted the doping control, the NCF who conducted the doping control shall, as soon as possible, report the results of such tests to the NCF which normally exercises jurisdiction over such competitor
6. Where a doping offence has taken place in any FIDE Competition disciplinary proceedings will take place
Article 4
Doping Control Results Management:
1. Upon receipt of an A-Sample Adverse Analytical Finding, the Medical Commission (or the organisation who conducted the doping control) shall Promptly notify the Competitor of:
a) the Adverse Analytical Finding
b) the Competitor&rsquos right to promptly request the analysis of the B-Sample or, failing such request, that the B-Sample analysis will be deemed waived
c) the right of the Competitor and/or the Competitor&rsquos representative to attend the B-Sample opening and analysis.
2. The Anti-Doping Organisation shall give the Competitor notice of the anti-doping rule which appears to have been violated, and the basis of the violation.
After notification, the Competitor shall have the opportunity to present promptly a statement to the Anti-Doping Organisation.
3. The Anti-Doping Organisation shall:
a) enquire whether an applicable therapeutic use exemption has been granted.
b) Consider whether there is any irregularity in the testing process or laboratory analysis which cast substantial doubt on the Adverse Analytical Finding.
c) Consider any explanations provided by the Competitor.
d) Conduct any follow-up investigation which may be required under applicable anti- doping policies.
Article 5.
Hearings procedures:
I. The Competitor has a right to a timely hearing (within 28 days of the notice of rule violation).
2. The Competitor has a right to a hearing before a fair and impartial hearing body*.
3. The Competitor has a right to be represented by counsel at his/her own expense.
4. Each party has a right to call, examine, and cross examine witnesses (subject to the hearing body&rsquos discretion to accept testimony by written submission).
5. The Competitor has a right to an interpreter at the hearing, where necessary.
6. The Competitor has a right to a timely, written, reasoned decision.
*) A Tribunal selected from a Panel of:
a) members of the Medical Commission
b) lawyers
c) lay members
d) active Competitors elected by the General Assembly
Article 6
Consequences of Doping:
1st offence: A warning after full hearing and discussion.
Information about doping.
2nd offence: A ban on participation in FIDE competitions of duration from 2 months to 2 years starting from the date of first hearing
Individual loss of medals and prizes from the competition tested.
3rd offence: 2 years to a lifetime ban on participation in FIDE rated competitions.
Article 7
Appeals:
Any Participant affected by a decision rendered in application of these Regulations by FIDE, the IOC, a NCF, a NOC or other body may appeal from that decision to the Court of Arbitration for Sport, in accordance with the provisions applicable before such court.
Article 8
These Regulations shall enter into force with effect from 1st January after the General Assembly. Any changes to these Regulations may be proposed by the Medical Commission and agreed by the FIDE General Assembly.
Proposed membership of the Medical Commission of FIDE:
Chairman: Dr.Jana M.Bellin (England)
Vice-Chairman: Dr.Hans-Joachim Hofstetter (Germany)
Secretary: Mr.Casto Abundo (Philippines)
Members:
Dr.P .Dwi H.Ambarukmi (Indonesia)
Dr.D.Gajadin (Syria)
Mr.David Jarrett (England)
Mr .Jahangir Baglari (Iran)
Mr.T.Redman (USA)
Mr.D.Anderton (England) |