Numa acção sem precedentes, a FFE (Fed. Francesa de Xadrez) acusou judicialmente 3 dos seus jogadores de topo de fazerem batota nas Olimpiadas de Khanty-Mansiysk (Russia) !

Os jogadores acusados de batota são o GM Sébastien Feller, 5º de França, Arnaud Hauchard, nº 16 de França, e o IM Cyril Marzolo, nº 46 de França.

« ORGANIZED CHEATING » CASE
Decision of Judge in Chambers

On December 22, 2010, the FFE initiated disciplinary action against Mr. Sébastien FELLER, Arnaud HAUCHARD, and Cyril MARZOLO, for acts of “organized cheating” during the Chess Olympiads, which took place from September 21st to October 3rd, 2010, at Khanty-Mansiysk (Russia).

The complaint was declared admissible by the Federal Commission of Appeal and Ethics (CADE), which has appointed an instructor. The case is now in the hands of the Disciplinary Committee of the FFE.

In the meantime, during the hearing on February 24, 2011, the Judge in Chambers in Nanterre considered the request of the FFE to obtain "the appointment of a bailiff" to "transcribe incoming and outgoing messages" fromthe telephone line Mr Cyril Marzolo to the telephone lines of Mr. Sébastien Feller and Arnaud Hauchard, during theOlympics of Khanty-Mansiysk.

This request by the FFE came about after “Mrs. Joanna Pomian, vice-president of the federation, noticed that the phone which she had lent to Mr. Marzolo, had been used by him to send mini-messages to Mr. Hauchard who (…) thus procured illicit assistance to Mr. Feller, who partook in the competition.”

The federation’s aim, in strict compliance with the legislation and case law governing the confidentiality of correspondence, was to obtain further documentation for the files to be submitted to the Disciplinary Committee of the FFE.

The judge hearing determined:

- Firstly, that "although he is not the personal subscriber of the telephone line [in question], M Marzolo has the rightto secrecy of correspondence exchanged through this line, since its permanent was granted by the line’s owner, Mrs. Pomian. "

- Furthermore that "no legal provision gave him the power to waive the confidentiality”, since it could be done “only in a criminal case or one of security."

- Finally, the magistrate ruled that "it would be unfair for Mr Marzolo, Hauchard and Feller (...) to bear the full cost of the procedure", and ordered the FFE reimburse them part of the fees.

As it had announced in a press release on January 27, the FFE therefore reserves the right to take the case to a criminal court, where the secrecy of correspondence could be lifted.

Nevertheless , and given the decision of the Judge, the FFE, which notes the absolute refusal by the defendants tohave these documents handed to a bailiff, will not seek their communication, which in any case would merely have added to the different elements regarding the disciplinary case.

In any event, the Judge’s ruling only concerned the availability of the contents of the SMS exchanged, without addressing the case’s merits.

It is entirely up to the Disciplinary Committee to rule on the reality of the alleged acts of cheating, at its hearing on Saturday, March 19, 2011, at 10:30 AM, at Paris.

The FFE also wishes to emphasize that it had an absolute obligation to expedite this procedure in order to:

• Clear Mrs. Pomian of any eventual responsibility as owner of the incriminated phone line,
• Secondly , to respect, in accordance with commitments made ​​to regulators, the sporting values ​​and ethicsthat are the foundation of its existence.

Federal Bureau of FFE