May 31, 2007
Letter-Request To Rescind My CISS Persona-Non-Grata Status
From: DeafSportlawsuit.com - May 31, 2007
May 31, 2007
LETTER-REQUEST TO RESCIND MY CISS PERSONA-NON-GRATA STATUS
TO: CISS EXECUTIVE COMMITTEE MEMBERS and CISS NATION-MEMBERS
Copies to: Marijo Lusic, President of NSA â€“ Croatia
Karl-Werner Brozska, President of NSA â€“ Germany
USADSF/NSA - USA Board
Albert Cohen and Victoria Davidov, Attorneys for Mr. Pinchas
Dear CISS Executive Members and CISS Nation-Members:
As you may know, in the afternoon of February 1, 2007 the 40th CISS Congress delegates debated and voted on the Proposal Number 65, that is, to declare Mr. Pinchas as the CISS Persona-non-Grata ( herein, â€œPNGâ€ ).
Such a highly controversial proposal was voted in favor by 34 delegates, while 27 were against and 32 abstained.
I do consider this motion passage as a totally unfair, biased, defamatory, discriminatory, unwarranted and unconstitutional one.
After my intensive consultations with lawyers, legal experts and deaf leaders, including my conversations and correspondence with representatives from Croatia and Germany, I do hereby request your Executive Committee to take an immediate action by completely rescinding my PNG status or by declaring the PNG motion as null and void.
In order to justify the removal of this PNG status in its entirety, here are my facts and arguments:
1) Croatia and Germany proposed a motion with different intentions. They did not propose the motion with a specific language such as,
â€œto declare Rafael Pinchas as the CISS Persona-non-Grata.â€
While I was at Salt Lake City I have personally spoken with the representatives of these two nations and they vehemently denied of drafting, proposing and submitting the motion with such a specific language to the CISS Legal Commission at all. The representatives of Croatia and Germany spoke at the 40th CISS Congress floor on February 1 and they both provided a slightly different language interpretation proposal. They basically wanted the feuding parties to reconcile and work together for the progress and well-being of the CISS and deaf sports.
2) When the motion was brought up to the floor in the afternoon of February 1, the Congress itself lacked its constitutionally-required 50% quorum. That is, of the 96 nation-members ( or, a total of 192 votes ), only 46 1/2 nations ( or, a total of 93 votes ) were present. This clearly translated into a quorum of less than 50%. To debate and pass a motion in question, 96 or more votes were needed. This, however, did not happen with the PNG motion as there was an aggregate of 93
votes, not the required 96 or more votes!
Thus, the passage of the PNG motion was done in blatant violation and full non-compliance of the CISS Constitution Rules 9.2.3, 184.108.40.206, 220.127.116.11, 18.104.22.168 and CISS By-Laws Rule 2.1.h.
In comparison, for example, on February 2, 2007 at the Congress floor premises there was a delayed debate and voting on the proposal to bring Ms. Ammons back to the CISS Presidency. The delay was primarily caused by the lack of 50% quorum or less than required 96 votes/48 CISS Nation-Members were present at the early part of the Congress session. Eventually, in the late part of the session, the proposal debate and voting took place. That is, according to the Minutes Report of the 40th CISS Congress, there was a total of 98 votes or more than 50% of the quorum: 80 votes went in favor of Ms. Ammonsâ€™ return to her old position, while 18 votes were against.
Moreover, another argument was that the Congress did not clearly address the most fundamental issue of the PNG motion such as,
WHAT KIND OF HARM DID MR. PINCHAS DO TO THE CISS? or
WHAT KIND OF â€œA CRIMEâ€ DID MR. PINCHAS COMMIT IN THE CISS?
Thus, for the reasons stated above, I do again hereby request the CISS Executive Committee and, if necessary, the CISS Nation-Members to completely rescind my PNG status immediately.
Or, in the event, the CISS Executive Committee remains idle or will not act on my Letter-Request, then I will be forced to take an appropriate action.
I do sincerely hope the CISS Executive Committee will make a right move.
May I hear from you soon?