Russia's Lawsuit Vs. USADSF Or Extraordinary CISS Congress In 2006

From: DeafSportLawsuit.com - Dec 7, 2005

From: www.deafsportlawsuit.com

PRESS RELEASE - December 7, 2005

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RUSSIA'S LAWSUIT VS. USADSF OR EXTRAORDINARY CISS CONGRESS IN 2006

By RAFAEL PINKHASOV PINCHAS, CISS OMBUDSMAN

SUMMARIES:

* DECEMBER 3, 2005 LETTER TO I.O.C.

* CISS OMBUDSMAN CONFERS WITH TOP RUSSIAN SPORTS OFFICIALS IN MOSCOW

* ACCOMPLISHED CISS MANIPULATORS AND AUTOCRATS AMMONS AND JORDAN ARE REFUSING TO RECOGNIZE AND RESPECT JURISDICTION OF I.O.C.-CREATED INTERNATIONAL COURT OF ARBITRATION FOR SPORT ( CAS ), WHILE AMMONS AND JORDAN CONTINUE TO BEG I.O.C. TO PROVIDE MORE MONEY FOR CISS

* RUSSIA'S STATEMENT OF CLAIM VS. USADSF BEFORE CAS?

* MASSIVE CISS RULE VIOLATIONS BY USADSF

* AMMONS WAS AN INELIGIBLE CANDIDATE FOR 2005 CISS PRESIDENCY

* PRESENCE AND PARTICIPATION OF USADSF MEMBERS - AMMONS, JORDAN, SCOGGINS, INGHAM AND GRANFORS - AT 2005 CISS CONGRESS WAS AN UNCONSTITUTIONAL ONE

* 273 ( ! ) UNACCOUNTED AND MISSING VOTES AT 2005 CISS CONGRESS

* RUSSIANS DEMAND 2005 DEAFLYMPICS GOLD MEDAL IN WOMEN'S FOOTBALL

* JORDAN AND AMMONS SET SEVERE PENALTIES VS.USSR AND RUSSIA IN 1977 AND 2001

* WILL CISS ANARCHISTS AMMONS AND JORDAN TAKE RETALIATORY ACTIONS VS. RUSSIANS?

* IMAGINE 2007 WINTER DEAFLYMPICS IN UTAH,USA, WITHOUT PARTICIPATION OF WORLD SPORTS POWERHOUSE AND CROWD-ATTRACTING DELEGATION OF RUSSIA

* LAWSUIT VS. USADSF OR CONVENING OF EXTRAORDINARY CISS CONGRESS IN 2006 IN MOSCOW

New York, USA - The three important communication documents have been delivered to the top official of the International Olympic Committee - Mr. Jean-Laurent Bourquin - recently.

In order to be fully, factually and accurately informed of the new developments going on inside the deaf international sports movement politics, please read the following updated communication releases:

December 3, 2005 CISS Ombudsman's Letter to I.O.C.
Letter-Appeal by Russian Committee of Deaf Sports
Russia's Statement of Claim vs. USA Deaf Sports Federation ( draft ).

*****************************************
VIA INTERNATIONAL MAIL AND E-MAIL TO Jean_Laurent.Bourquin@olympic.org

December 3, 2005

Mr. Jean-Laurent Bourquin
IOC Manager for Sports
The International Olympic Committee
Chateau de Vidy
1007 Lausanne
Switzerland

Subjects: 1) CISS/Deaflympics, Russia and Your Suggestion to Deal with CAS
2) IOC and 2006 Extraordinary CISS Congress in Moscow?

Dear Mr.Bourquin,

I have read Mr. William Schyman's November 29th letter to you and I feel I should share something with the IOC and you.

Recently I was in Moscow and there as a Guest of Honor I attended the two splendidly-organized events - the Russian Deaflympic Awards Night Banquet and 2005 Miss Deaf Russia Beauty contest.

During my stay in Russia, I had the opportunity to meet and talk with several high-ranking officials of the Russian Committee of Deaf Sports. I also had a meeting with Mr. Mikhail Tikhomirov, Vice President of the Russian Olympic Committee.

From these officials I learned that the Russians were not very pleased with the way the elections for the top positions of the CISS Executive Committee were conducted during the 39th CISS Congress held this past January in Australia. In addition, the Russians do still want to disqualify the women's USA football team - the declared 2005 Deaflympic Games champion and, instead, to award the gold medal to their women's team which finished second at these Games.

The Russians also sought for my help, guidance and advise in dealing with the delicate issues, which are described in this letter.

The Russians have prepared the two drafted documents - the Letter-Appeal and Statement of Claim against the USA Deaf Sports Federation ( USADSF ). These two documents are attached herewith. Please familiarize yourself with these 2 documents carefully.

To this moment, however, the Russians are still hesitant to officially release these two documents into the light because, as I was repeatedly advised by some of their officials, that in the event they release these 2 documents to the world, including the submission of their Statement of Claim vs. the USADSF to the International Court of Arbitration for Sport ( CAS ), then, as the Russians believe, the USADSF people, especially its members Ms.Donalda Ammons and Mr. Jerald Jordan, will launch retaliatory action against them.

The Russians feel that Ms. Ammons, Mr. Jordan and their associates will take measures against their organization in various ways, including banning the participation of the national team of Russia at the coming 16th Deaflympic Winter Games to be held in Utah, USA, in February 2007, as well as making it difficult for some deaf Russians to get their visas to enter the USA in the future and other unpleasant and intimidating actions against them.

I understand that recently you wrote a letter to both Mr. Schyman and Mr. Roehm in which you urged both of them to air and refer their grievances vs. the CISS, Ms. Ammons and Mr. Jordan to the CAS and its mediator.

Well, the Russians are still unsure whether the USADSF, including their members Ms. Ammons and Mr. Jordan, will in earnest agree to accept the full jurisdiction of the CAS in the event the Russians officially file their Statement of Claim vs. the USADSF before the CAS.

I must educate the IOC and you from my legal experience - past and present - in dealing with Ms. Ammons and Mr. Jordan that these 2 persons, including the USADSF, will not in any manner agree to submit to the jurisdiction of the CAS!

Thus, is not it ironic that the IOC provides financial assistance to the CISS, in which its key officials are Ms. Ammons and Mr. Jordan, on the one side, while Ms. Ammons and Mr. Jordan refuse to recognize and accept the jurisdiction of your IOC-created CAS, on the other side, is it?

In light of the above facts and after reading the two attached documents by the Russians, what will the IOC suggest to do further?

What kind of action does the IOC normally take against those International Sports Federations and their officials in the event they refuse to submit to the complete jurisdiction of your IOC-established and blessed CAS?

Will the IOC, for example, be prepared to send its observer representative to the proposed 2006 Extraordinary CISS Congress
( as you may note, the Russians are prepared to host such a Congress in order to resolve the internal disputes in the CISS organization )?

Kindly provide your answers to these questions.

In the meantime, I wish the entire IOC family members - President, Executive Board and staff - a very pleasant holiday season.


Olympically Yours,

Rafael Pinkhasov Pinchas
CISS Ombudsman and
Strong Supporter of Olympism and Olympic Games

cc: The Executive Committee of Russian Sport Committee of Deaf Sports
Mr. Mikhail Tikhomirov, Russian Olympic Committee
Mr. William Schyman, Deaf Sports Advocate
Mr. Richard Roehm, Deaf Civil Rights Advocate
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Subject: LETTER-APPEAL to Leaders of the National Deaf Sports Associations – the CISS Nation-Members

Dear respected colleagues and sports friends,

A lot of people know me as the man who has given all of his life to our common cause - to development of the International Deaf Sports, therefore it is difficult for me not to write to you.

I have been silent for a long time, but now I have a desire to consult with you.

I address to you now because I am, as well as many of you are, disturbed with future of the CISS and destiny of the International Deaf Sports movement.

Recently I have thoroughly read Mr. Jerald Jordan`s story titled ‘ALLEGATIONS OF FRAUD ARE FALSE, which was published on October 24, 2005 at www.deaftimes.com and it again recollected me as to what had occurred at the Congress on January 4, 2005.

I am sure that many people and even Mr. J. Jordan wish to know my opinion regarding the event happened on that day.

For me, as far as I remember, there was the atmosphere of bias, lobbying of the interests of only one Federation - USA, which also had an advantage over many foreign delegates who were not familiar with the English language. This has deprived all of us the rights to make a free and worthy choice.

For me as an athlete himself, till now it has remained unclear as it has turned out so, that people who themselves were non-athletes and who did not taste the pleasure of victories and bitterness of defeats or who do not understand how difficult it is for any athlete to win Deaflympic medals, became, as non-athletes, the leaders of the organization of the CISS.

In his article Mr. J. Jordan, as "a juggler", speaks about magic numbers and that there was no fraud, but I am the skilled athlete and it is difficult to lead me into error, even from a skillful master of manipulations such as Mr. J. Jordan.

In his article Mr. J. Jordan mentions such facts which do not match the Minutes of the 39th CISS Congress and which have been altered multiple times and published at www.deaflympics.com.

Mr. J. Jordan is confused with figures and wishes to confuse us. It once again confirms that he and his team have acted not fairly with us.

I am assured that the Federation which does not made obligatory dues to the CISS Treasury and tramples on its Constitution has no right to nominate its candidate to a leading post in our such dear and beloved organization - the CISS.

I am confident that among us there are dearer, worthy and fair people who could lead the CISS and carry out their work for the organization more professionally and effectively.

I am sure there are problems which are now worrying not only me, but all of you, too.

I am ready to discuss the CISS issues with each of you and to find out your opinion.

I know that the falsification on elections and other infringements of the CISS Constitution took place, in any day and hour, at any place and I am ready to prove this.

The Russian Committee of Deaf Sports' Claims are stated in the Appendix 1 ( see below, please ).

But we offer with your help and with your participation to convoke the Extraordinary CISS Congress to solve our internal disputes and issues.

We do not want split of the CISS, we want restoration of validity and equality for everybody, without any exception.

We ask you, dear colleagues and friends, to direct you opinions, comments and wishes to our address till January 15, 2006.

Yours cordially,

Valery Rukhledev
President and
RCDS Executive Committee
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SEE APPENDIX 1

INTERNATIONAL COURT
OF ARBITRATION FOR SPORT
*************************************** DRAFT
RUSSIAN COMMITTEE OF DEAF SPORTS,
Plaintiff,

-against- STATEMENT OF CLAIM

USA DEAF SPORTS FEDERATION,
Defendant.
***************************************

THE PARTIES

1. Plaintiff is RUSSIAN COMMITTEE OF DEAF SPORTS (herein, "RCDS"), which is a national sports organization for the deaf people in the Russian Federation. Its Home Office address is Ulitza 1905 Goda, 10-A, Moscow, Russian Federation 123022.

2. Defendant is USA DEAF SPORTS FEDERATION ("USADSF"), which is a national sports organization for the deaf people. Its Home Office address is 102 North Krohn Place, Sioux Falls, South Dakota 57103, U.S.A.

JURISDICTION

3. RCDS is recognized by the International Committee of Deaf Sports/ Deaflympics
("CISS) and the National Olympic Committee of the Russian Federation. Therefore, RCDS voluntarily and fully accepts the jurisdiction of this Court.

4. USADSF is recognized by CISS and the United States of America Olympic Committee. In addition, the two members of USADSF Dr. Jerald Jordan ("Jordan") and Dr. Donalda Ammons ("Ammons") are former and present Presidents of CISS. Jordan is also the recipient of the 1995 Olympic Order awarded by the International Olympic Committee. Under blessings of the International Olympic Committee and many different International Sports Federations, which recognize the existence and jurisdiction of this Court, USADSF hosted the Deaflympic Summer and Winter Games on its land in 1965, 1975 and 1985. USADSF is also a host of the coming 16th Deaflympic Winter Games to be held in Salt Lake City, Utah, February 1-11, 2007. These Winter Games will be held under the patronage of the International Olympic Committee. Therefore, for the reasons stated above, USADSF should agree to voluntarily, fully and in good faith accept the jurisdiction of this Court.

5. Upon information and belief, in 1983 the International Olympic Committee founded this Court.

6. The Central Office of this Court in Lausanne, Switzerland, should be the suggested venue of this arbitration matter.

STATEMENT OF CLAIM

7. By September 15, 2004, the deadline date for a CISS Presidency nomination submission, upon information and belief, USADSF was in violation of the following rules:

A. USADSF failed to pay to the CISS its required 10% penalty fee interest starting from April 1, 2000 to September 15, 2004, which resulted from USADSF's annual $800.00 2000 CISS Membership dues non-payment for the year of 2000 (that is, from January 1 to December 31, 2000). This was violation of CISS Constitution Rule 6.1.2.

B. USADSF failed to pay to the CISS its $210.00 penalty fee, which was resulted in obtaining of red/yellow cards by members of USA Men's Football team, which took part at the 19th Deaflympic Summer Games in Rome, Italy, in 2001. This was in violation of CISS Constitution Rule 8.2 and Deaflympic Games Regulations Rule 9.G.

C. USADSF failed to pay to the CISS its $10,000.00 penalty fee for withdrawing of its two teams ($5,000.00 for men and $5,000,00 for women) from the Deaf World Championships in Team Tennis held in Austria in 2003.This was in violation of Deaf World Championships Rule 8.C.

D. By December 1, 2004, the deadline date for final registration submission for nations competing at the 20th Deaflympic Summer Games, USADSF failed to pay its certain penalty fee for withdrawing of its team from the Deaf World Championship in Wrestling held in Bulgaria in October, 2004. This was in violation of the Deaf World Championships Rule 9.D.

8. In spite of violations by USADSF mentioned on Paragraph Number 7, on or about September 15, 2004, Ammons, the then Secretary General of CISS, was nominated by USADSF as a candidate for the position of the CISS President.

9. By fully observing the CISS rules, on or about September 15,2004, RCDS nominated Valery Rukhledev (“Rukhledev”), its long time national sports leader, as a candidate for the positions of the CISS President, Vice President and Member.

10. The city of Melbourne, Australia was the venue of the 39th CISS Congress
("Congress"), which was held during January 3-4, 2005. The election session for the positions of CISS President, Vice President and Member was held on January 4, 2005.

11. The Congress elections were held in highly-questionably, biased, undemocratic, unprofessional and unfair manner.

12. In spite of violations by USADSF mentioned on Paragraph Number 7, Jordan was chosen to run the Congress session on the floor.

13. Jordan was also engaged in a lobbying activity among the Congress delegates to vote for Ammons and against Rukhledev.

14. Rukhledev was a sole delegate for the nation of the Russian Federation at the Congress session.

15. Jordan and Ammons denied the nation of the Russian Federation to have its second delegate, besides Rukhledev, to take part at the Congress in violation of CISS Constitution rule 9.2.4.

16. In spite of violations by USADSF mentioned on Paragraph Number 7, Dr. Edward Ingham, a member of USADSF, was chosen to act as one of four scrutineers at the Congress.

17. Ingham was also engaged in a lobbying activity among the various Congress delegates to vote for Ammons and against Rukhledev.

18. In spite of violations by USADSF mentioned on paragraph Number 7, Dr. Bobbie Beth Scoggins, USADSF President and member, was allowed to act as one of the two delegates for the nation of USA at the Congress.

19. Under influence of Jordan and Ammons, during the Congress session and before the elections, Scoggins publicly demonstrated the Congress Proposal Number 70, in which the name of Rukhledev was willfully and intentionally exposed - and discredited - before all delegates of the Congress.

20. Before the start of the Congress session on January 3, 2005, Rukhledev proposed to Scoggins to solve the Congress Proposal Number 70 privately and out of the Congress' premises, to which Scoggins declined.

21. In spite of violations by USADSF mentioned on Paragraph Number 7, another USADSF member - Ms. Tiffany Granfors (“Granfors”) - acting as a CISS Home Office Administrator was, according to www.lbmagazin.de website report engaged in a lobbying activity among the various Congress delegates to vote for Ammons and against Rukhledev before and during the Congress session.

22. Jordan and Ammons denied Rukhledev to have his own election campaign team representatives to attend the Congress session.

23. According to the March 27, 2005-released 39th CISS Congress Minutes Report published in the www.deaflympics.com ("March 27 Report"), during the election session for the office of President, Ammons collected 89 votes, while Rukhledev got just 23 votes out of 120. 8 votes reported void.
However, on October 24, 2005, Jordan in his www.deaftimes.com story ( "October 24 Jordan Story" ) mistakenly reported a total of 112 votes (not 120 votes) and he did not also report that 8 votes were void.

24. According to the March 27 Report, during the election session for the office of Vice President, David Lanesman of Israel got 62 votes, Rukhledev - 39 and Jessica Rohde of Denmark - 15 ("Rohde"), which translated into a total of 116 contested votes out of 120. However, in the October 24 Jordan story, it was mistakenly reported a total of 116 votes (not 120 votes) and the story did not report that 4 more votes were missing.

25. According to the March 27 Report, in the Round Number One for the position of Member, Siv Fosshaug of Switzerland got 79 votes, Yang Yang of China - 57 ("Yang"), Dogan Ozdemir of Turkey -55 ("Ozdemir"), Tommy Jung of Korea - 44 ("Jung"), Rukhledev - 41 and Rohde -28, which amounted to a total of 304 votes.
However, there was supposed to be a total of 360 contested votes in this Round Number One.
In addition, in the October 24 Jordan Story it was reported that a total of 121 votes went unaccounted and unused in this Round.

26. According to March 27 Report in the Round Number Two for the position of Member, Yang got 65 votes, Ozdemir - 54, Jung - 45 and Rukhledev - 44, which translated into a total of 208 votes distributed among all these 4 candidates. However, there was supposed to be a total of 240 votes in this Round. Therefore, 32 votes went unaccounted or missing in this Round. In addition, the October 24 Jordan Story reported 20 votes unaccounted in this Round.

27. According to the March 27 Report, in the Round Number Three Ozdemir got 61 votes.
However, this March 27 Report did not mention as to where the remaining 59 votes went to. In addition, the revised version of the October 23, 2005 39th CISS Congress Report provided the data that Odzemir got the same 61 votes, while Jung 45. The October 24 Jordan Story provided a different number of votes collected by Jung in this Round as 44, it also reported that a total of 105 votes were awarded to these 2 candidates, that is, 61 for Ozdemir and 44 - for Jung, while there was no report that 15 votes went unaccounted in this Round.

28. Upon information and belief, there was not held any live election contest in the Round Number Three for the Member position between Ozdemir and Jung at the Congress floor.

29. Therefore, a total of 273 votes out of 960 went unaccounted, unused, disqualified, void or missing during the election session for 5 various positions at the Congress.

30. There is a breakdown of these unaccounted, unused, disqualified, void or missing votes for 5 different positions:

President - 8
Vice President - 4
Member, Round Number One - 121
Member, Round Number Two - 20
Member, Round Number Three -120

Total - 273 votes unaccounted and unused.

31. In spite of various CISS Constitution and Deaflympic Games Regulations rule violations mentioned in Paragraph Number 7 above, USA delegation was allowed to participate at the 20th Deaflympic Summer Games competitions held in Melbourne, Australia, January 5-16, 2005.

32. This resulted in awarding of the gold medal for team of USA in Women's Football at the recent 20th Deaflympic Summer Games.

33. Women's Football team of the Russian Federation, in spite of the full compliance of the CISS Constitution and Deaflympic Games Regulation rules by RCDS, was awarded the silver medal.

34. In retrospect and comparison, the two case happenings in the history of the CISS and Deaflympic Summer Games should not go unnoticed and they are related to the disqualification of teams and athletes of the Soviet Union and Russian Federation:

Case A: in 1977, at the 13th Deaflympic Summer Games held in Bucharest, Romania, the Soviet Union fielded its four very strong relay teams in Athletics - 4x100 meter and 4x400 meter for men, and 4x100 meter and 4x400 meter for women. Because the Soviet Union violated a CISS rule, the CISS, under the presidency of Jordan, disqualified all these 4 teams from the competitions at the Games.

Case B: The Russian Federation registered its team in Women's Handball for the 19th Deaflympic Summer Games held in Rome, Italy, in 2001. However, before the start of the Games, the Russians decided to withdraw of such a team. As a result, because of this withdrawal, the CISS, under the leadership of Ammons, forced the Russian Federation or RCDS to pay a $2,500.00 penalty fine to the CISS, otherwise the whole Russian Federation delegation would have been disqualified from the Games competitions. RCDS diligently and responsibly paid the whole penalty fine to the CISS.

CONCLUSIONS

Because USADSF violated CISS Constitution Rules 6.1.2, 6.1.3, 7.1, 7.1.1, 7.1.1.2, 7.1.1.3 and 7.2, the nomination and election of Ammons as a CISS President was an unconstitutional one.

Because USADSF violated CISS Constitution Rules 6.1.2, 6.1.3, 7.1, 7.1.1., 7.1.1.2, 7.1.1.3 and 7.2, the presence and participation of Jordan, Scoggins, Ingham and Granfors at the Congress session activities was an unconstitutional one.

Because all five members of USADSF – Jordan, Ammons, Scoggins, Ingham and Granfors – were engaged in the inside election activity, which harmed Rukhledev’s chances to win one of the above-mentioned seats for the CISS Executive Committee at the Congress, they all defied the CISS motto EQUAL THROUGH SPORTS and CISS Constitution Rule 2.1.11.

Because 273 votes out of 960 went unaccounted and unused during the elections and because Rukhledev was treated as a delegate and candidate at the Congress in the questionable manner, especially in the elections for the position of Member, he was a true victim of the election session.

Because USADSF violated CISS Constitution Rule 7.2 and Deaflympic Games Regulation Rule 9.G, USA team in Women’s Football should get disqualified and the gold medals should instead be awarded to the team of the Russian Federation;

RELIEF REQUESTED

A new and extraordinary CISS Congress shall be convened, according to the CISS Constitution Rules 9.3, in which new elections shall be held and in which the representatives from International Olympic Committee shall attend as observers. RCDS is prepared to host such a Congress in Moscow, Russia.

The title of 20th Deaflympic Summer Games Champion in Women's Football shall be awarded to the team of the Russian Federation.

$_______ in damages shall be awarded to RCDS and other reasonable costs incurred in this action.

For such and other relief as this Court may deem just and proper.

Dated: November 15, 2005
Moscow, Russian Federation

Respectfully Submitted,

Valery RUKHLEDEV,
President and
on behalf of the Executive Committee
Russian Committee of Deaf Sports