WHO IS "CISS PERSONA-NON-GRATA"?

From: Sport Organization of theDeaf in the Republic of Uzbekistan - 13 Feb 2003

LETTER-APPEAL FROM UZBEKISTAN TO CISS NATION MEMBERS AND THEIR PROSPECTIVE DELEGATES TO 38th CISS CONGRESS IN SUNDSVALL, SWEDEN

copies sent to:
the CISS Executive Committee Members -
Ole Artmann
Vojtech Volejnik
Lennart Edwall
Chou Tung
Colin Macdonald
President of the USADSF
President of the ADSF Ltd

Dear Delegates to the 38th CISS Congress:

On behalf of the Board of the Sport Organization of the Republic in Uzbekistan - a CISS Nation Member, and on the eve of the 2003 CISS Workshop and 38th CISS Congress in Sundsvall, Sweden, we are requesting you to seriously consider this Letter-Appeal and take appropriate actions.

In the last several weeks, we have received unpleasant communication messages from Dr.Donalda Ammons ("Ammons" ) as the CISS Secretary General and Mr.Kelby Brick, who calls himself as a CISS attorney as well as private attorney for Jonh Lovett ( "Lovett" ), Ammons and Jerald Jordan ( "Jordan" ) in the still-pending lawsuit case. The two - Ammons and Mr. Brick - demand, among the other things, the complete removal of Rafael Pinkhasov Pinchas ( "Pinchas" ) as our Uzbekistani delegate at the CISS Congress in Sundsvall. Mr. Brick , in his two e-mail messages dated December 20, 2002 and January 12, 2003, to our organization, called Pinchas as the "CISS persona-non-grata". Ammons has, in her recent letter to us, also demanded to remove Pinchas as our organization's representative at the coming CISS Congress.

We believe that both Ammons and Mr. Brick have no right to interfere into the internal affairs of our organization. The appointment of Pinchas as our delegate to the CISS Congress is our organization's own and internal matter business. No one is supposed to tell us what to do!

As you may know, since September 11,2001, we and our families have been living in a constant state of nervousness, anxiety and fear because of the ongoing war in Afghanistan, which is bordering with our country. Now, again, since September 17, 2001, we have nervously and anxiously been monitoring the still-ongoing 18-month-old lawsuit case in the USA District Court in Baltimore, Maryland, USA, which involves our member Pinchas against Ammons, Lovett and Jordan.

We must inform you that we are not very happy about this still-ongoing lawsuit because we view this as the most unpleasant happening in the 79 year-old CISS history.

Our organization is not involved in this lawsuit at all.

We are also aware that the three - Lovett, Ammons and Jordan, by using their positions in the CISS - as the CISS President, CISS Secretary General and CISS Honorary Life Member, respectively, are trying together very hard these days to disqualify Pinchas from participating at the coming CISS events in Sundsvall.
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Their reasons for such Pinchas disqualification are these:

1) Pinchas "has blatantly, deliberately and intentionally violated Section 15 of the CISS Constitution" by suing "the CISS and its three officers",
2) Pinchas as a mixed resident/citizen and New York, USA, resident, is ineligible to run for any CISS position and he can not represent the nation of Uzbekistan as a delegate at the CISS Congress in Sundsvall, and
3) Pinchas "is considered persona-non-grata at all CISS events including the CISS Congress".

Is this another new part of personal vendetta against Pinchas by Lovett, Ammons and Jordan?

Because of the above, we see that there is no sign of a possible compromise deal and peaceful solution between these two opposing parties any time soon.

However, in order to defend our case for our distinguished member, Pinchas, as our representative at the 38th CISS Congress, here are our Board's rebuttals, positions, clarifications and arguments to the three above charges by Lovett, Ammons and Jordan , which, as we believe, are inaccurate and unjustified ones:

Number One - Pinchas NEVER sued the CISS as an organization. He NEVER named the CISS as a defendant in his lawsuit action. Our organization, as we told above, is not involved with his lawsuit in any manner. We are staying away from his lawsuit. Pinchas did not violate a CISS Constitution Rule 15. Lovett, Ammons and Jordan are misinterpreting the contents of the Rule 15 in the CISS Constitution. Pinchas as a private citizen is suing Lovett, Ammons and Jordan PERSONALLY!

Number Two - There is no specific rule in the CISS Constitution disqualifying any person who is a mixed or dual resident/citizen from representing as a delegate the nation in question at the CISS Congress.

As for the elective CISS Executive Committee position nomination, the CISS Constitution Rule 10.4.3 is a vaguely-applicable rule to the case of Pinchas because he, as the mixed citizen/resident and New York, USA, resident , is not a member of the National Sports Association of USA; he is a member in good standing with our National Sports Association of Uzbekistan since 1997. For that reason, he was in 1997, for example, allowed by Lovett and his CISS Executive Committee to be nominated for the then vacant CISS Treasurer position without any problem. He also represented our nation as a delegate at the CISS Congresses in 1999 and 2001 as well as at various Asia-Pacific Deaf Sports Federation ( APDSF ) meetings in 1997, 1999, 2000 and 2001. Again, without any problem.
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Moreover, for the purpose of documentary evidence, rebuttal and arguments, in the past there were many cases when a deaf person with his/her mixed residence/citizenship status participated at the CISS Congress as a delegate.

The most notable person, believe it or not, was Lovett himself!

In the 1960's Lovett was residing in London, Great Britain, and he still was able to represent the nation of Australia at the 19th CISS Congress held in Berchtesgaden, Germany, in 1967.

To substantiate these facts, please read the following excerpts from the two different and official CISS publications, which are currently in our organization's possession:

"I ( Lovett ) lived in London...He ( S. Robey Burns, the CISS Vice President from USA ) told me that there will be World Winter Games in Berchtesgaden in February, 1967 and that also there will be a CISS Congress. He ( Burns ) asked me why not I represent Australia at the Congress. After thinking about it, I agreed...Three months later, armed with power of attorney I travelled from London to Berchtesgaden by ferry and train...I stayed in Berchtesgaden for only 3 days, attending two days of the Congress..." ( Lovett's own story, the CISS Bulletin, Number 179, May, 1995, page 2 ).

"He ( Lovett ) worked in London...He was encouraged to represent Australia at the Berchtesgaden ( 19th CISS Congress ) and this opened his eyes to the world of international deaf sports." ( Story on Lovett, CISS 2001 REVIEW book, page 22 ).

Were you aware of these documentary facts? Has Lovett ever openly shared his past mixed London,Great Bitain/Australian delegate at the1967 CISS Congress status incident with the present deaf sports leaders' generation, including many current non-English-speaking CISS Congress delegates?

Another prominent person - with his questionable residence/citizenship status - who was allowed to attend the CISS Congress as a delegate as recently as in 2001 was Nikolay Klimov, the current President of the Russian Deaflympic Committee. In Rome, Italy, Nikolay Klimov, still a Moscow, Russia, resident represented as a delegate the nation of Armenia at the 37th CISS Congress!

In addition, in the hearing sports world, there are many well-known sports officials who are the mixed or dual residents/citizens and who play important and productively-beneficial roles as delegates and officials in the various International Sports Federations, including in the International Olympic Committee, which is, as you may know, providing some moral support and financial assistance to the CISS.

So, please do tell us, in what way would the CISS be HARMED with the so-called mixed citizenship/residence status of Pinchas as a CISS Congress delegate or CISS Executive Committee election candidate? Who is in the CISS preventing Pinchas, with his organizational talents, vast sports expertise, experience and business acumen, to be nominated and elected as a CISS Executive Committee officer? Are Lovett, Ammons and especially Jordan JEALOUS of Pinchas' unique credentials and/or are they AFRAID that one day sooner or later Pinchas will, in place of them, become the top man in the CISS?

Will our deaf world ever witness a live dream match-up event: the first ever face-to face, direct and democtratic CISS Presidential election contest involving the two international deaf sports fanatics - Lovett as the former mixed resident/citizen and Pinchas as the current mixed resident/citizen?

Now, you will hopefully better see and understand the double-standard, hypocricial, harassing, discriminatory, dangerous and misleading propaganda game Ammons, Jordan and especially Lovett, play against Pinchas with the issue of the mixed residence/citizenship in the CISS!

Number Three - Because Pinchas privately filed a lawsuit against the three defendants and because he is the NUMBER ONE CRITIC the way Lovett and Ammons autocratically conduct the daily CISS business, he is unjustifiedly and scandalously labeled by the lawyer of Lovett, Ammons and Jordan as the "CISS persona-non-grata".

We think that there is a continuing personality image battle to win the worldwide public opinion support by Lovett, Ammons and Jordan against Pinchas. The three - Lovett, Ammons and Jordan - have by their "own word of mouth" been utilizing their another masterfully-sophisticated propaganda scheme against Pinchas that Pinchas, by filing the lawsuit, wants to destroy the CISS and the Deaflympic Games.

That is not true!
That is not accurate!
That is a nonsense!

How many of you realize that there has been the previously-unknown to the public a sad fact: very gutty and ill feelings about Pinchas inside the mind, body and heart of Jerald Jordan?

Jordan is still possessing these ANTI-PINCHAS FEELINGS in spite of his storied and celebrated life as the CISS President, Gallaudet University honorary doctorate degree recipient and the only deaf holder of the Olympic Order!

It is a fact that much of his insecured and turbulent life in the CISS Jordan has secretly spent by LOATHING Pinchas personally!

Thus, the FUNDAMENTAL PROBLEM that in 2001 led, as we perceive, to the abrupt business and friendship break-up between the three passionate international deaf sports lovers and valuable contributors to the CISS movement - Pinchas, on the one side, and Lovett and Ammons, on the other side, was because of JORDAN AS A MAJOR INITIATOR-TROUBLEMAKER!

We feel very bad that Lovett and Ammons, MAINLY BECAUSE OF JORDAN, no longer work together with Pinchas to advance the cause of the CISS in many different ways!

We are aware, among the other things, of the fact that for many years both Pinchas and Jordan, despite their vast age gap and cultural diferrences, have been engaged in their ideological and philosophical disagreement over the issue as to how to properly and realistically lead and conduct the CISS and international deaf sports business.

Because Pinchas is a very intellectually independent man and thinker and because Pinchas, unlike Lovett and Ammons, boldly refused to be a surrogate or disciple of Jordan, there is a continuing personal animosity between the two - Jordan and Pinchas. Again, because Pinchas refused, unlike Lovett and Ammons, to be an obedient subordinate and puppet of Jordan, during his 24-year rule as the CISS President, Jordan had completely and in obvious retaliation denied Pinchas, a very talented sports administrator and multilinguist, the opportunity to serve the CISS on its higher echelon!

Could it be possible that both Lovett and Ammons, the former good friends and colleagues of Pinchas, all of a sudden, at the 37th CISS Congress in Rome decided to act against Pinchas personally and betrayingly because of the strong anti-Pinchas influence and pressure they clandestinely and individually received from Jordan?

Has Jordan , by putting his personal conflict against Pinchas aside and in the best and patriotic interest of the CISS' image and as the CISS patriarch and supposed senior CISS role model, EVER MADE ( that is, immediately after the July 21,2001 Pinchas-Lovett-Ammons friendship break-up ) his all-around, good faith and unselfish effort to reconcile the three - Lovett and Ammons, on the one side, and Pinchas, on the other side?

Has ever Jordan told defaming, negative and unpleasant things about Pinchas to Lovett and Ammons?

We do already have reliable information that Jordan, by discrediting Pinchas' reputation, told bad personal things about Pinchas to Lovett and Ammons!

In order to better understand Pinchas and his varied and productively-beneficial work done for many years on behalf of the CISS and deaf sports, we want to tell you a bit about Pinchas now.

We want you to know that Pinchas is a tremendous and unique deaf man.

He is our nation's very proud son and representative in the international deaf sports community. Because Pinchas is doing many good things to the cause of the deaf in Uzbekistan, he is widely respected by our country's many high-ranking governmental, business and National Olympic Committee officials.Whenever Pinchas is residing in his family home in Tashkent, he is always having an access to meet with very important hearing governmental, business and sports people in the country. Just recently, for example, there was a big national championship in free style wrestling among the hearing and it was Pinchas, A DEAF PERSON, who had the unusual honor in awarding the gold, silver and bronze medals to the winners ( Uzbekistan's hearing wrestling team, according to the FILA classification, is the fifth major world power in the sport, after Iran, USA , Russia and Turkey )!

We are still very proud of the fact that Pinchas, born and raised in our homeland of Uzbekistan and a graduate of the Class of 1979 at the world-renown GALLAUDET UNIVERSITY, played monumental and influential roles as an energetic and creative sports administrator at various times for the two major world sports powers - USA and Russia - at the Deaflympic Games many years ago. Two years ago at the Rome Summer Games, our 45-member delegation, organized and headed by Pinchas made a strong impact at the Opening Ceremony festivities of the Games.

How many deaf sports leaders in the world, like Pinchas, had the unique privilege of getting involved with the THREE different national Deaflympic Games delegations?

What is unusual of Pinchas is that he, a devout, busy family man and father of four children, always finds his time to travel to the Deaflympic Games every two years, unlike Lovett, Ammons and Jordan, at his own personal financial expense. For the last twenty six ( 26 ) years, since 1977, he has attended every Deaflympic Games - Winter and Summer!

Is not he a true CISS PATRIOT and its staunch supporter?

Moreover, Pinchas was the one who founded the now-popular annual CISS-Widex World SportsMan and SportsWoman of the Year Awards project. He was also the one who successfully and ably presided over the once-a-lifetime international Deaflympic Athlete of the Century and Deaf Olympian of the Century Selections Commission projects in 2000 and 2001.He was the one who contributed - without getting any monetary compensation - his countless, large-scale and well-received stories published in the various issues of the CISS Bulletin before. He also wrote an exclusive material on the 20 World's Greatest Deaf Athletes of the Century in the CISS 2001 REVIEW book.. Pinchas is a recognized authority and scholar on the subject of history of the CISS and Deaflympic Games. He has labored very hard to create and write new CISS Constitution rule proposals, which are primarily aimed at betterment and advancement of the CISS and expanded Deaflympic Games program competitions.

Because of Pinchas' versatile and unmatched "sports" background as an administrator, leader, interpreter, translator, journalist, skillful Gestuno orator, outspoken CISS Congress delegate and lawmaker and CISS history expert, he, no question, is A HUGE ASSET to the deaf sports world community!

How can dare that lawyer named Kelby Brick, a novice in the CISS affairs, insultingly, offensively and LIBELOUSLY label Pinchas as "a CISS-persona-non-grata"? When did the present CISS Executive Committee hire Mr. Brick as its CISS lawyer? For what purpose was Kelby Brick appointed as "a CISS attorney"? Could it be possible that the more experienced, shrewd and older Jordan, Lovett and Ammons, in their pursuit for personal ambitions and in their desperate attempt to undermine and ruin Pinchas' image, conveniently use this young and naive lawyer as their "scapegoat" by clandestinely and coachingly instructing him to tell to the world that Pinchas is "a CISS persona-non-grata"?

What kind of "A CRIME" has Pinchas, a true internationalist and strong defender of the deaf sports movement, ever committed in the CISS or Deaflympic Games? Is filing a private lawsuit based on defamation of character, discrimination, signature forgery, rules violation, conspiracy and breach of contract against any private citizen called "a crime" or offense in the CISS?

In spite of all the above, instead, our Board plainly and straighforwardly believes that it is Lovett and Ammons THEMSELVES who since April 1, 2000, are still the "CISS personas-non-grata".

Our strong arguments to support Lovett's and Ammons' status as the "CISS personas-non-grata" are based on the following irrefutable facts and documentary evidence:

a) because in 2000 their respective National Sports Associations of Australia and USA failed to pay their 2000 annual CISS membership dues in the year of 2000 and that, consequently, on July 21, 2001 they were elected or re-elected to the positions of the CISS President and CISS Secretary General, in an unconstitutional manner, that is, in direct violation of the numerous CISS Constitution rules, beginning with the Rule 7.1.2, and

b) in the last several years as the CISS administrators both Lovett and Ammons have committed MASSIVE RULE VIOLATIONS in the CISS legal system!

Again, in spite of the above rebuttals, facts and arguments, it is our organization's position and belief that, in order to appropriately resolve the two below-named issues and in the interests of justice, fair and equal treatment, the CISS Congress delegates in Sundsvall, pursuant to the CISS Constitution Rule 15, MUST debate, decide and vote via the secret ballot on:

1. whether to disqualify Lovett and Ammons as the unconstitutionally-elected CISS President and CISS Secretary General from participating at the CISS activities in Sundsvall ( we have already provided copies of such two Motions to the CISS Executive Committee and other CISS Nation Members on January 18, 2003 ),

2. whether to disqualify Pinchas as a delegate for our nation of Uzbekistan and candidate for the position of the CISS Vice President or CISS Secretary General at the CISS Congress ( we have not, however, seen such a FORMAL MOTION to disqualify Pinchas yet; has anyone yet submitted such a Motion? ).

After hearing the both opposing sides' stories and arguments, including presenting documentary evidence, the delegates shall decide and vote by themselves as to who shall actually be the "CISS persona-non-grata": Pinchas, on the one side, or Lovett and Ammons, on the other side?

In the event the CISS Congress delegates decide unfavorably in the matter of Pinchas, then we will immediately withdraw Pinchas' representation as our country's delegate at the Congress. We will FULLY and UNEQUIVOCALLY honor the decision made by the delegates of the Congress!

Or, in the event the CISS Congress delegates will ( that is, because of the possible reluctance or intransigence or INTIMIDATING TACTICS by Lovett and Ammons to democratically and constitutionally allow the CISS Congress delegates to handle the disputable matters by themselves only ) be denied the opportunity to debate, decide and vote on the two above-mentioned disputable matters and in a new and blatant violation of the CISS Constitution Rule 15, then let these two matters be brought up to the specialized international sports law dispute court called the Court of Arbitration for Sport ( www.tas-cas.org ).

Let this Court of Arbitration for Sport be in charge of the new lawsuit dispute between the two opposing parties, that is, between the Sport Organization of the Deaf in the Republic of Uzbekistan and its member Pinchas, on the one side, and Australian Deaf Sports Federation Ltd ( "ADSF" ) and its member Lovett and the USA Deaf Sports Federation ( "USADSF" ) and its member Ammons, on the other side.

The main aim of this new lawsuit action will be to specifically DETERMINE as to who will be the "CISS persona-non-grata"!

In order to begin to file a lawsuit claim in the Court of Arbitration for Sport, which is venued in the three different places - Lausanne, Switzerland, New York, USA, and Sydney, Australia, first a signed agreement must be obtained by each opposing party, in which each party voluntarily agrees to submit to the full jurisdiction of this Court.

Will ADSF with its member Lovett and USADSF with its member Ammons be prepared to accept to sign such a document by agreeing to submit to the full jurisdiction of the Court of Arbitration for Sport?

For that purpose, we are now sending a letter with the attached copy of this Appeal-Letter separately to the Presidents of ADSF and USADSF by requesting them to provide to us by FEBRUARY 24, 2003, their respective replies whether they will agree to accept the jurisdiction of the Court of Arbitration for Sport.

Now, our Organization, with the permission of its member, Pinchas, is announcing in advance to the world that we are fully submitting to the jurisdiction of the Court of Arbitration for Sport!

However, for a number of certain reasons, of course, our organization sincerely prefers first and foremost to resolve the disputable matters - the possible disqualifications of Lovett , Ammons and Pinchas from the official CISS activities in Sundsvall - INTERNALLY, that is, among the delegates through a free, open and democratic CISS Congress forum and in strict adherence of the CISS Constitution Rule 15.

Finally, another important issue which we believe shall be brought up at the 38th CISS Congress is that in order to fully restore LAW and ORDER in the CISS, in Sundsvall the first step in implementing such a course shall, as we suggested in our January 18, 2002 Motions to the CISS, be the NEW ELECTIONS for the offices of the CISS President and CISS Secretary General. Such new elections, arranged under the unusually exceptional circumstances, shall take place on February 28, 2003.

Otherwise, until the next 39th CISS Congress to be held in Melbourne, Australia, in 2005, both Lovett and Ammons will continue to dubiously carry their titles as the still-unconstitutionally-elected CISS leaders. And there will continue to be many new problems with the CISS, administratively and organizationally, legally and morally.

The first such new and immediate problem, after the end of the 38th CISS Congress on February 28, 2003, will be that there will be immense and unpleasant DILEMMA for the CISS to deal with in Sundsvall during the XVth Deaflympic Winter Games competitions between March 1-8, 2003:

HOW WILL ATHLETES FROM VARIOUS COUNTRIES FEEL WHEN THEY RECEIVE GOLD, SILVER AND BRONZE MEDALS IN NORDIC SKIING, ICE HOCKEY, SNOWBOARDING AND ALPINE SKIING AT THE MEDAL AWARDING CEREMONY FESTIVITIES FROM THE VERY HANDS OF THE STILL UNCONSTITUTIONALLY-ELECTED CISS PRESIDENT IN OFFICE?

In the meantime, our Board wishes our dear sport colleagues in the Sveriges Dovas Idrottsforbund and 2003 Games Organizing Committee led by its splendid and hard-working Chairman, Christer Berglund, much success in organizing the coming and exciting world class sporting event - the XVth Deaflympic Winter Games in Sundsvall.

On behalf of the Board of the Sport Organization of the Deaf in the Republic of Uzbekistan,

Mukim Karimov
Kuchkar Mazakirov
Dilbar Karimova
Pulat Dzhurayev
Urinbay Parpiev
Yuri Belyaev
Kobil Umbayev