[pp.int.general] PPI Court of Arbitration ruling n. 2012-1A

Andrew Norton ktetch at gmail.com
Wed Jan 18 01:08:06 CET 2012


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On 1/17/2012 6:42 PM, roberto aka robske wrote:
> Ahoy,
> 
> I mostly don't interfere with this list, but this message couldn't stop
> me from mailing.
> 
> As can be found in the archives and other sources, there have been
> multiple encouragements to hold the PPI general assembly outside Europe,
> both at the time when Jerry Weyer was co-president, and when Samir
> Allioui was. While Jerry Weyer never actually said that he MUST hold the
> GA outside Europe, he did encourage it. At the time when Samir Allioui
> was co-president, and at the GA in 2011 (seen from the livestream then),
> there have been STRICT PROMISES to hold it outside Europe.
> 
> As such, I can only conclude that the research has not been
> proportionally and effective. I would like to see what documentation was
> made during investigation, and who the public prosecutor was, because
> the public prosecutor clearly didn't do his/her job.

Exactly. I could have provided 'testimonies' yet was never approached. I
would think the vociferous opposition to the LAST meeting being held in
Germany (again) would have made me an excellent source to at least question.

Additionally, the other side of the issue comes from this:

7) Considering that none of the three offers to host the PPI General
Assembly that were made to the 2011-2012 PPI board could have fulfilled
this condition, as they were all located either inside, or too close to
Europe.

I was unaware that the ONLY POSSIBLE METHOD allowed was to have a nearly
completely unpublicized 'open' call. Forgive me, but this next meeting
will be the, erm, SEVENTH, if memory serves. This would be the....
SECOND time such a method has been attempted. Had this been the SEVENTH
time, leading to a tradition of using this method. Yet when I was the
de-facto head of PPI, I decided on Helsinki for that meeting, after the
St. Petersberg location was no longer feasible (and for that I think our
Finnish associates). Likewise the coreteam that followed made it their
choice to host the following meeting in Brussels.

CONSIDERING that, the decisions are highly questionable at best...

I'm with roberto, I think that there might need to be an investigation
into the CoA and their investigation.

Andrew

> 
> --- Roberto Moretti
> 
> On Wed, Jan 18, 2012 at 12:15 AM, Marco Confalonieri
> <marco.confalonieri at pp-international.net
> <mailto:marco.confalonieri at pp-international.net>> wrote:
> 
>     **** Summary ****
> 
>     Co-chairman Samir Allioui asked the PPI Court of Arbitration to
>     investigate on the process that led the PPI Board to choose Prague as
>     location for the next General Assembly of PPI.
>     The claim of S. Allioui focused on two arguments :
> 
>     – The board of PPI, both in the previous and actual composition, had an
>     engagement to select a location outside Europe.
> 
>     – The location was chosen because of corruption/personal advantage of
>     members of the board and not in the interest of Pirate Parties
>     International.
> 
>     For the first argument, the Court of Arbitration reminds that no
>     evidence or testimony has been found to support the claim that the PPI
>     board had an engagement to host the next General Assembly outside of
>     Europe.
> 
>     However, the Court of Arbitration ruled that, even if such engagement
>     did exist and was proven, none of the proposals that were made to the
>     Board in both the previous and actual composition would have met the
>     actual requirements of such engagement, and therefore discarded this
>     argument.
> 
>     The call for public cooperation, to find evidence for the second
>     argument of corruption, made by the Court of Arbitration in its n°2012-1
>     preliminary ruling gave no response.
> 
>     The Court of Arbitration therefore discharged the previous and actual
>     boards of corruption claims.
> 
> 
>     **** Court of Arbitration ruling n°2012-1-A, 2012 January the 17th ****
> 
>     -> PPI Co-chairman Samir Allioui filling charges of corruption against
>     the rest of the PPI board regarding the choice of next GA location.
> 
>     THE PIRATE PARTY INTERNATIONAL COURT OF ARBITRATION,
> 
>     Given the PPI Statutes,
> 
>     Given the December 20th of 2011 "Filing charges against the board of PPI
>     regarding the next GA Location" statement by the PPI co-chairman Samir
>     Allioui,
> 
>     Given the various debates that followed on PPI restrict "PP leaders",
>     "PP leaders discussions", and public "general" mailing-lists,
> 
>     Given the audio recordings and text minutes from the 2011-12-20 PPI
>     board meeting,
> 
>     Given the minutes from 2010 December PPI board meetings,
> 
>     Given the January 3th preliminary ruling n°2012-1 by the Court of
>     Arbitration,
> 
>     - ABOUT THE ENGAGEMENT OF HAVING A PPI GA OUTSIDE OF EUROPE
> 
>     1) Considering Samir Allioui affirmed in a December 21th mail that an
>     oral agreement had been made in Brussels PPI General Assembly, promising
>     that the 2011 PPI GA would take place outside of Europe.
> 
>     2) Considering Samir Allioui stated that testimonies could be provided.
> 
>     3) Considering Samir Allioui did not provide such testimonies to the
>     Court of Arbitration.
> 
>     4) Considering that, whatever the engagements taken or not in Brussels
>     GA, the PPI board could not select a PPI GA location outside of Europe
>     if no serious offer was made meeting this requirement.
> 
>     5) Considering that, according to the PPI board minutes, only two offers
>     were made to the 2010-2011 PPI board, both in Germany.
> 
>     6) Considering that, regardless of the scope of the possible engagements
>     that could have been taken in Brussels, the main motivation for hosting
>     the PPI General Assembly outside of Europe would have been to allow PPI
>     Members from other continents to send delegates more easily.
> 
>     7) Considering that none of the three offers to host the PPI General
>     Assembly that were made to the 2011-2012 PPI board could have fulfilled
>     this condition, as they were all located either inside, or too close to
>     Europe.
> 
>     8) Considering that the official offer to host the PPI General Assembly
>     in Tunisia by the self-proclaimed Pirate Party of Tunisia has been sent
>     after the deadline.
> 
>     9) Considering that the Pirate Party of Tunisia has acknowledged to the
>     Court of Arbitration that fact, stated that they did not have any
>     evidence of corruption of the PPI board, and did not reply to the
>     subsequent Court of Arbitration inquiries.
> 
>     10) Considering that therefore, the engagements to host the next PPI
>     General Assembly outside of Europe that Samir Allioui is referring to,
>     which remain to be proven, would neither justify invalidating the
>     choices of the PPI General Assembly locations by the 2010-2011 and the
>     2011-2012 PPI Boards, nor constitute a corruption evidence.
> 
>     - ABOUT THE CORRUPTION DURING THE PPI BOARD MEETING
> 
>     11) Considering Samir Allioui affirmed in his December 20th statement
>     that there was corruption in the PPI board choice of PP-CZ location for
>     2012 PPI General Assembly over proposition from PP-RU and PP-TN, and
>     that evidence of it could be found easily.
> 
>     12) Considering that the Court of Arbitration did not find any proof of
>     corruption in a first look into the mail exchanges, the minutes from
>     previous PPI board meetings, or the pad and audio recording from
>     2011-12-20 PPI board meetings.
> 
>     13) Considering that Samir Allioui has been asked to point out to the
>     Court of Arbitration clear and explicit evidence of his corruption
>     claim.
> 
>     14) Considering that Samir Allioui has not given a more precise
>     indication in the delay given by the Court of Arbitration.
> 
>     15) Considering that the charges of corruption of the board by a PPI
>     co-chairman are an extremely serious claim, and that all the chances had
>     to be given to characterize the claim before dismissing the corruption
>     charges toward the PPI board.
> 
>     16) Considering that a public call for evidence of corruption allowing
>     privacy and anonymity has been made by the Court of Arbitration in its
>     preliminary ruling n°2012-1.
> 
>     17) Considering that nobody answered to the public call for evidence of
>     corruption.
> 
>     18) Considering that, therefore, there are no elements to support the
>     claim of corruption of the PPI board.
> 
> 
>     S T A T E S
> 
>     Article 1) There was not corruption in the choices of the 2011 and 2012
>     PPI General Assembly locations.
> 
>     Article 2) The current ruling will be published on the PPI website.
> 
>     Deliberated by the Pirate Party International Court of Arbitration on
>     January 10th of 2012, attended by the followings :
> 
>     Sven Clement,
>     Marco Confalonieri,
>     Arturo Martinez,
>     Maxime Rouquet
> 
> 
> 
> 
> 
>     --
>     Marco Confalonieri Associazione Partito Pirata (PP Italy)
>     http://www.partito-pirata.it
>     --
>     Marco Confalonieri Associazione Partito Pirata (PP Italy)
>     http://www.partito-pirata.it
>     --
>     Marco Confalonieri Associazione Partito Pirata (PP Italy)
>     http://www.partito-pirata.it
>     --
>     Marco Confalonieri Associazione Partito Pirata (PP Italy)
>     http://www.partito-pirata.it
>     --
>     Marco Confalonieri Associazione Partito Pirata (PP Italy)
>     http://www.partito-pirata.it
>     ____________________________________________________
>     Pirate Parties International - General Talk
>     pp.international.general at lists.pirateweb.net
>     <mailto:pp.international.general at lists.pirateweb.net>
>     http://lists.pirateweb.net/mailman/listinfo/pp.international.general
> 
> 
> 
> 
> -- 
> Roberto Moretti
> 
> PPNL Member & Indie Games Developer.
> @robskemoretti
> 
> 
> 
> ____________________________________________________
> Pirate Parties International - General Talk
> pp.international.general at lists.pirateweb.net
> http://lists.pirateweb.net/mailman/listinfo/pp.international.general


- -- 
Andrew Norton
http://ktetch.blogspot.com
Tel: +1(352)6-KTETCH [+1-352-658-3824]
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