GM Kovalyov responds to dismissal of Ethics Complaint by CFC
A few days ago, FIDE Ethics Commission published the following:
STATEMENT BY THE FIDE ETHICS COMMISSION IN REGARD TO THE KOVALYOV CASE
This statement is released on occasion of the meeting of the FIDE Ethics Commission (EC) in Antalya, Turkey on 9 October 2017. Its purpose is to make known the EC’s decision in case no. 2/2017 and the reasons for the decision in the light of the wide-spread interest in the matter.
On 9 September 2017 and shortly before the start of the third round of the FIDE World Cup in Tbilisi, Georgia, an unfortunate altercation took place between the head of the organisers GM Zurab Azmaiparashvili (“the organiser”) and one of the players GM Anton Kovalyov of Canada (“the player”). This resulted in the decision by the player to withdraw from the tournament.
On 27 September 2017 the EC received a formal complaint against the organiser of alleged breaches of the FIDE Code of Ethics from the Chess Federation of Canada (CFC). The CFC asserted that it was acting “in and for itself and on behalf of GM Anton Kovalyov”. The complaint was not supported by any statement by the player.
The EC chairman requested from CFC a power of attorney or letter of authorisation under the signature of the player enabling the CFC to represent his interests. The CFC’s submissions were also sought on the issue of whether CFC in its own capacity enjoys standing to act as the complainant.
In addition, the EC chairman announced to the parties in terms of Rule 8 of the EC’s Procedural Rules that an oral public hearing was necessary and that such public hearing would take place at the FIDE Congress in Antalya on 12 October 2017.
Subsequently the CFC advised that the player is not willing to participate in the public hearing, whether by his personal appearance in Antalya or by way of video-conferencing. The player also failed to provide the CFC with written authority for the federation to represent him.
At the outset the EC wishes to make it clear that the decision of the player not to participate as a complainant in the proceedings before the EC is the player’s prerogative. No doubt GM Kovalyov has his reasons and his decision must be respected.
However, without authority from the player, it is not possible for his federation to proceed with the complaint on his behalf. Also, the standing of the CFC to act as the complainant in its own capacity, is dubious. It is required that a complainant must have a direct and personal interest which was adversely affected. CFC claims that the negative sentiment arising from this incident will prejudice its efforts in Canada to popularise the game and to find sponsors for future events. It is debatable whether this represents a sufficiently direct interest, but in the light of the further consideration mentioned hereafter, it is unnecessary for the EC to decide the issue of CFC’s locus standi and the issue is left open.
The major obstacle to this matter proceeding before the EC is the lack of a statement from the player as to what exactly transpired between him and the organiser and his unwillingness to give evidence in this regard at the hearing. One only has an idea of the player’s version from remarks made by him on facebook. This does not form part of the evidence before the EC. In any case, these remarks lack important details and do not constitute a reliable factual account on which the EC can be expected to make findings against the organiser. The EC cannot decide disciplinary matters on hearsay evidence or third party constructions as to what has happened. Although the EC is not a court of law and there is no requirement for sworn evidence, at the very least the EC must be satisfied that a truthful and factually accurate version has been placed before it.
The result is regrettably that the complaint by the CFC, raising important issues of general concern for the better functioning of FIDE, cannot be admitted for want of a prima facie case due a lack of reliable evidence. This is not a decision on the merits of the complaint.
However, it is obvious that the incident between the organiser and player has revealed a number of grey areas in tournament administration and every-one agrees that there is a need for greater regulation on matters such as the dress code for players and officials at different types of events, clarity regarding the responsible persons to enforce such regulations and the appropriate handling of a situation where a player is held to be in violation of the regulations. All of these aspects will receive attention in the meetings of various FIDE Commissions currently taking place here in Antalya.
After FIDE published it, GM Kovalyov issued his own statement:
Update regarding Zurab's incident: https://www.facebook.com/anton.kovalyov.1
- I did indeed give permission to the Canadian chess federation (CFC) to act on my behalf. I never got any paper to sign from anybody.
- The EC wanted me to testify in Antalya. This is not an option for me since, as a full time University student that lives on a chess scholarship I have other responsibilities.
- I exchanged some emails and talked on the phone with Canadian delegate Hal Bond, who was trying to convince me and the EC to do a video conference through skype. The EC accepted but stated that it would be "slightly prejudicial" to me.
I was also informed that I would have to answer questions from Zurab.
I refused participating in this circus for the following reasons:
"No witnesses". Actually, there were witnesses but they consisted of people working for FIDE and/or the organization of the tournament. When Zurab approached me there were a few arbiters standing nearby, I remember even one of them turning his head when the first thing that Zurab told me was that I will be "punished by FIDE". I believe this arbiter was Delega himself, who was the same arbiter that "told on me" to Zurab as can be confirmed in the following youtube link :
It must be noted that this contradicts Delega's:
In the following report: none of these witnesses working for FIDE and/or the organization of the tournament choose to back me up. Instead they choose to team up with Zurab, for whatever reason. The report focused on opinions regarding my shorts and a short statement by FIDE photographer Maria Emilianova reluctantly admitting what happened while trying to belittle the incident.
The Kovalyov Report
The organisers of the FIDE World Cup 2017 invited a local freelance journalist named Ioseb Qipshidze to look into the circumstances surrounding the abrupt departure of Canadian GM Anton Kovalyov at the start of the third round, and shared his reporting with ChessBase. We publish the key portions of it and link to the full version. Although Qipshidze did not reach Kovalyov himself for comment, we did, and will include his response in an editorial postscript to follow shortly. | Photos: Amruta Mokal / <a href="http://chessbase.in">ChessBase India</a> (except where noted)
Ethics & Disciplinary Commission
New members of the Ethics & Disciplinary Commission The new FIDE Charter, which was duly passed at the Extraordinary General
Points 2 and 3 have, for obvious reasons, made my despise for FIDE stronger than ever. And I can tell you one thing for sure, if I stand before their FIDE ethics commission I will not keep it civil, because this is simply too much.
I would like to thank the CFC and Mr. Bond for their willingness to help me. I am happy with how they reacted to this situation. This did actually made me proud of playing for Canada and I will keep doing so regardless if justice is served. But I should mention that I will not play a single FIDE event again.
So, to sum it up, I know that I'm not the brightest person, but I feel that I'm not stupid enough to testify against FIDE interests at a FIDE court.
Currently I'm quite busy with my studies, but me and my parents will still try to find other more reasonable recourse to have justice served. Hopefully we will find support from Canadian authorities.