On August 6, 2002, the International Skating Union (ISU) contacted the U.S. Department of Justice in New York to pledge full co-operation in the current prosecution concerning an alleged Russian "fixer" of figure skating results at the 2002 Olympic Winter Games. The International Olympic Committee (IOC) is also offering all possible collaboration with the U.S. law enforcement authorities.

At the same time, the ISU has agreed with the IOC and the Comitato Olimpico Nazionale Italiano (CONI), the Italian Olympic Committee, to share relevant information and otherwise co-operate in this matter. CONI is taking the lead in contacts with Italian authorities investigating the case.

If and when the ISU receives from Italian or U.S. authorities probative evidence establishing that persons within the jurisdiction of the ISU have engaged in improper conduct to influence the results at the Salt Lake City Olympic Winter Games, the ISU will immediately commence further disciplinary actions with respect to the standing of such persons within the ISU.

However, in disciplinary actions against Members and persons within the ISU's jurisdiction, the ISU must respect principles of due process identified in decisions of the Court of Arbitration for Sport, Swiss law and its own rules. The Council cannot accuse Member federations or individuals on the basis of rumors, media speculation, parochial advocacy or any other inexact basis.

As a voluntary, democratic, international sport federation, the ISU has limited powers and resources for disciplinary investigations. Unlike governmental authorities, the ISU cannot subpoena persons or documents, tap into telephone calls, seize documents, mail, computers, computer discs or e-mail. The ISU has no authority to compel persons to testify under oath subject to the penalties of perjury.

In disciplinary actions, the ISU must depend on evidence in the form of written or oral reports, voluntarily furnished by persons with knowledge of an alleged offence in the interest of sport fairness. Generally, such persons are ISU officials.

The applicable ISU General Regulation 104, paragraph 16 requires "reasonable, verified and credible evidence "of misconduct as a basis for commencement of such proceedings.

The International Skating Union has been accused of not vigorously prosecuting the 2002 Olympic Winter Games pairs judging case by bringing charges against the Russian Federation and against ISU office-holders from Russia.

The ISU investigation into the pairs judging commenced immediately upon receipt of written reports by ISU officials of specific admissions of misconduct made by Ms. Marie- Reine Le Gougne. The ISU Council appointed an Investigation Commission to interview and take statements of all persons with knowledge or claiming knowledge of the matter. Over several days time, the Investigation Commission heard from 20 persons directly on the spot in Salt Lake City. These statements were recorded by a U.S. qualified verbatim reporter. A two-day hearing was thereafter scheduled for Lausanne on April 29-30, 2002. At the hearing 15 persons, including Mr. Gailhaguet and Ms. Le Gougne, testified. All witnesses were subject to cross-examination. The proceedings were recorded verbatim by a qualified court reporter. In reaching its disciplinary decision, the ISU Council considered all of the written and oral evidence accumulated, and imposed upon Ms. Le Gougne and Mr. Gailhaguet identical three-year suspension/exclusion sanctions from all ISU activities plus suspension/exclusion from the 2006 Olympic Winter Games.

During the above investigation and proceedings no "reasonable, verified and credible evidence" was obtained by the ISU of any "deal" between the French and Russian Federations. Several witnesses testified that Ms. Le Gougne had generally asserted that such a deal existed, but none of the witnesses to her several statements could provide a name, date or details of such a deal. Ms. Le Gougne īs general comment respecting a deal with unnamed Russians, however, did not, and does not, meet the standards of proof required by the ISU General Regulations. Moreover, she later denied that she made such a deal, or that she knew of any such deal.

In Salt Lake City and at the Lausanne hearings, Mr. Gailhaguet denied all accusations concerning any alleged deal with the Russians.

The Russian judge in the ice dance competition did not put the French couple on the first place which was alleged to be a substantial part of the deal.

All other judges from the pair panel denied receiving any improper pressure from outside.

Prior to the Lausanne hearings, in a letter to the ISU President dated April 24 responding to ISU inquiries, the President of the Russian Federation, Mr. Valentin Piseev, denied media reports that any agreement had been reached between the Presidents of the Russian and French Federations (Mr. Piseev and Mr. Gailhaguet respectively) "aimed at supporting the skaters through the actions of corresponding judges during the Olympic Games 2002. I hereby confirm that neither in Salt Lake City, nor at any time preceding that a discussion regarding such matters had ever taken place."

In contrast to the standings in the pairs event, knowledgeable skating persons within and outside the ISU, and present in Salt Lake City, did not question the merit of the first place award to the French couple in the dance event.

Under the given circumstances the ISU had no evidence in the legal sense of this term either against the officials of the Russian federation or against the officials of the French federation.

Accordingly, the ISU must take strong exception to the public claims of certain witnesses that they gave the ISU "evidence" of a deal between the Russian Federation and the French Federation, or that the ISU had evidence of such deal that would support charges against such Federations under the standard of ISU General Regulation 104, paragraph 16. As a result of such claims, the ISU has asked these witnesses to please provide any additional specific, probative evidence they may have or be aware of that would support a further ISU disciplinary investigation.

The ISU is surprised that such accusations have also been made by some ISU officials who do know what kind evidence the ISU was given. Furthermore, in recent years, criticism has been addressed to the ISU in regard to its judging system. The ISU is also surprised that some individuals involved in skating are now criticizing the ISU judging system which they themselves have defended for so long.

As previously pointed out, at the 2002 ISU Congress held in early June in Kyoto, Japan, significant proposals for changes in the Figure Skating Judging System were accepted for immediate implementation. Also confirmed was a specific and revolutionary new judging system project to be tested for efficacy and future implementation under the supervision of the ISU Council. The first test of these changes will take place early September 2002.

Ottavio Cinquanta		Fredi Schmid
President			General Secretary

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