Interpretation of the Laws
and the Conditions of Contest
We (names below) were asked to consider an incident that occurred
during the Juniors match between Israel and Italy.
During an auction, a variation in tempo by the Italian players
was observed by the captain of Israel, who was watching on Vugraph.
The Israeli players at the table did not summon the Director, nor
draw attention to the variation once action had been taken by the
Italian players. But while the match was still in progress, the
Israeli captain went to Antonio Riccardi, Chief Tournament Director,
and indicated his wish for a ruling in respect of the possible use
of unauthorised information. After the match, the Israeli captain
spoke to his players, and repeated his request for a ruling.
Mr Riccardi did not wish to give a ruling. His view was that attention
could not properly be drawn to the possible use of unauthorised
information by a spectator, even a non-playing captain; if the players
at the table did not summon the Director, no irregularity could
be considered to have taken place. It is of course possible for
rulings to be requested after a match in respect of other irregularities
(misexplanations, revokes and so forth), since fresh information
may come to light. But the question of tempo is a subjective one,
and if nothing untoward is observed at the time by the players at
the table, the observations of others are of no consequence.
Mr Riccardi therefore refused the Israeli captain's request for
a ruling. We had to decide whether he had acted in accordance with
the Laws and the Conditions of Contest in so doing.
Laws 9 and 16 are clear in terms of stipulating what should happen
in the case of irregularities in general and unauthorised information
in particular. The Director must be summoned when attention is drawn
to any irregularity; and in the case of unauthorised information,
attention should be drawn when a player has substantial reason to
believe that information has been both transmitted and acted upon.
We agree, in substance, with Mr Riccardi's view that unless the
players perceive the transmission and possible use of unauthorised
information, no irregularity can be said to have taken place.
The Conditions of Contest stipulate that a non-playing captain
may act to protect the rights of his team if he believes that they
have been jeopardised. But if players of experience (as the players
in this case certainly were) do not believe that a violation of
Laws 16 and 73 has taken place, then (in effect) it has not - the
team does not have any rights to protect in respect of the incident.
We were made aware of an incident during the World Junior Championships
in Brazil, where an Appeals Committee ruled on a case of unauthorised
information. Attention was not drawn to the irregularity by the
players at the time, but by the captain; nevertheless, a ruling
was given. We could not, however, determine why it was that the
Appeals Committee had decided to rule in this case, and did not
consider that it established any kind of precedent.
We confirm that in our opinion, the Chief Tournament Director has
acted in accordance with the Laws and the Conditions of Contest
in refusing a request for a ruling in this matter.
Steen Moller (Denmark) - Chairman of Appeals
David Burn (England) _ Chairman, EBU Laws and Ethics Committee
Dimitri Ballas (Greece) - Member, Tournament Committee
13th July 2002
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