Written by: Averroes
(1.0) Introduction
Malaysia is to submit an appeal to the International Paralympic Committee (IPC) and the World Para Athletics (WPA) based on the contentious results from the men's shot put F20 (intellectual impairment categroy) during the Tokyo Paralympics, 2020, according to Chef de mission Datuk Seri Megat D Shahriman Zaharudin.
This was because, it was argued on technical matters that Muhammad Ziyad Zolkefli was did-not-start (DNS), when he completed all his throws at the Tokyo Olympic Stadium. At this time, he broke his own and the world record by throwing up to a distance of 17.94m!
If not, Malaysia would have received her 2nd gold medal through his third throw which he broke his previous throws in Rio and London Paralympic Games.
Unsatisfied, Ukraine lodged a protest to the technical committee that they 'entered late into the call area' as claimed by the Ukrainian athlete, Maksym Koval. He was awarded the gold medal instead. Though, the gold medal which was robbed, received heavy censure from Malaysians.
The former Youth and Sports Minister, Khairy Jamaluddin states that the decision was bad taste and contravened the spirit of games. He added, "If it was a call room violation you should not have allowed them to compete in the first place."
Many other Malaysians rose up to address their concerns, including Muar MP Syed Saddiq Abdul Rahman, Farah Ann Abdul Hadi and Lembah Pantai MP Fahmi Fadzil. On twitter, this issue permeated extensively with hashtags, #Ziyad, #unfair and #MaksymKoval.
Both Ecuador and Australia would be banding with Malaysia on the issue of technicalities, as stated by the newly-sworn Youth and Sports Minister, Datuk Seri Ahmad Faizal Azumu. The new Prime Minister Datuk Seri Ismail Sabri Yaakob called upon all Malaysians to pray for our athlete which he deserved to win the gold medal.
(2.0) Legal Analysis
(2.1) World Para Athletics
According to article 8.1.1 and 8.1.2 of the World Para Athletics Rules and Regulations 2020-2021 (WPA Rules and Regulations) respectively;
"The IPC Code of Ethics and the World Para Athletics Code of Conduct shall apply to all participants of World Para Athletics Recognised Competitions."
"Any breach of these Regulations shall be determined in accordance with the procedures outlined in the World Para Athletics Code of Conduct."
Rule 50: Protests and Appeals under paragraph 8;
"The Jury of Appeal shall consult all relevant persons, including the relevant Referee (Except when his decision is to be fully maintained by the Jury of Appeal). If the Jury of Appeal is in doubt, other available evidence may be considered. If such evidence, including any available video, is not conclusive, the decision of the Referee shall be upheld."
(2.2) International Paralympic Committee (IPC)
We shall observe the case law of NPC Armenia v NPC Azerbaijan, the decision of the IPC Legal and Ethics Committee concluded as follows, but the facts of the case are provided first;
Armenia is the complainant while Azerbaijan is the respondent. It was alleged that the respondent breached the Code as they subscribed and disseminated political statements (statement) on behalf of the 'Azerbaijani sport community'.
The statement dated 6th October 2020 expressed political support fro the Azerbaijani Armed Forces that engaged into conflict with Armenia. Hence, according to article 1.11 of the IPC Code of Ethics;
"Refrain from using the Paralympic Games and the Paralympic Movement to promote any political agenda, other than the advancement of sports for persons with an impairment and democracy, empowerment, equality and the protection of human rights."
The complainant has proven on the balance of probabilities that the statement was political in nature, as the statement contained terms such as 'aggressor' and 'occupant' which overtly supported Azerbaijani in the side of the conflict.
As a result, the respondent was warned under article 13.7 and could be taken further action and be imposed any sanction under clause 13.4 of the IPC Regulations by the Legal and Ethics Committee which are;
(i) withdrawal of athletes rights to enter the Paralympics,
(ii) suspension up to 7 years,
(iii) withdrawal of membership and;
(iv) right to organise IPC meetings.
(2.3) IPC Handbook: Paralympic Games Chapter
According to article 2.8 (Dispute Arbitration);
"All disputes related to sports technical rules, such as competition, field-of-play and Classification are under the authority of respective IPSF's and IPC, and shall be resolved by IPC, whose decision on these matters is final and enforceable."
"Any other disputes arising on the occasion of, or in connection with, the Paralympic Games shall be submitted exclusively to the Court of Arbitration for Sport (ICAS), in accordance with the Code of Sports-Related Arbitration."
(3.0) Application
From the laws adduced above, we could argue that the Ukrainian athletes had breached the following laws;
(3.1) Jurisdiction of IPC
Article 1.4 of the IPC Code of Ethics;
"Safeguard the athletes' interests, priorities and opportunity to participate in fair competition and excel in sport."
Article 1.8 of the IPC Code of Ethics;
"Conduct business with integrity, maintain a high standard of personal conduct and avoid any behaviour or action that would tarnish or give the impression of tarnishing the reputation of the Paralympic Movement."
Article 9.2 of the IPC Code of Ethics;
"Sports technical officials must make all decisions with absolute impartiality and objectivity."
Article 14.1 of the IPC Code of Ethics;
"Suspected breaches of this Code of Ethics will be governed by the ‘IPC Regulations governing the procedure for dealing with complaints regarding alleged breaches of the IPC Code of Ethics’ (IPC Regulations)
Also, if still unsatisfied, an arbitration under Court of Arbitration for Sport (CAS) under article 2.8 of the IPC Handbook: Paralympic Games Chapter in competition, that involved the DNS could be appealed to. Therefore, Malaysia could have an arbitration against the Ukraine.
(3.2) Jurisdiction of WPA
Rule 50: Protests and Appeals under paragraph 8 (WPA Rules and Regulations), as Malaysia, we could appeal against the protest of Ukraine for the DNS, however, we would have to provide evidence to the Jury of Appeal to satisfy him that, despite the DNS, we completed all the puts.
This is to rebut the DNS as provided under article 2.20 of the WPA Rules and Regulations, which is one of the disqualifying list.
(4.0) Conclusion
To conclude, Malaysia has the following '2 legal resorts';
(i) Firstly, Malaysia could appeal to an arbitration of the Court of Arbitration for Sport in Lausanne, Switzerland, as provided under the IPC Handbook to appeal against the disqualification rules in competition of DNS for lack of objectivity and the breaches by the Ukrainian Athlete.
We could also bring Ukraine and the Technical Officers to the Legal and Ethics Committee for breaching fair-play and to maintain the spirit of sportsmanship under the IPC Code of Ethics and be sanctioned as under the IPC Regulations.
(ii) Secondly, Malaysia could appeal to the Jury of Appeal, however again it is important to note that we would have to provide concrete evidence that our athlete completed all puts successfully despite the DNS, and prove that we were not informed of the DNS earlier or even alerted.
(5.0) References;
News Articles;
Ashman Adam. (August, 2021) Tokyo Paralympics: Outcry over decision to revoke Ziyad’s gold medal after win disqualified on technical grounds. Retrieved from, https://www.malaymail.com/news/malaysia/2021/08/31/tokyo-paralympics-outcry-over-decision-to-revoke-ziyads-gold-medal-after-wi/2001950
FMT Reporters (August, 2021) Outcry over ‘disgraceful’ ruling in Ziyad heartbreak. Retrieved from, https://www.freemalaysiatoday.com/category/nation/2021/08/31/outcry-over-disgraceful-ruling-in-ziyad-heartbreak/
MalayMail. (August, 2021) Malaysia to appeal to International Paralympic Committee, World Para Athletics tomorrow about men’s shot put F20 results, says chef de mission. Retrieved from, https://www.malaymail.com/news/malaysia/2021/08/31/malaysia-to-appeal-to-international-paralympic-committee-world-para-athleti/2001974
MalayMail. (September, 2021) PM Ismail Sabri hopes Ziyad’s disqualification will be overturned at Tokyo Paralympics. Retrieved from, https://www.malaymail.com/news/malaysia/2021/09/01/pm-ismail-sabri-hopes-ziyads-disqualification-will-be-overturned-at-tokyo-p/2001988
Legal Documents;
Summary of the Panel Decision: NPC Armenia and NPC Azerbaijan. (7 June 2021). Retrieved from, https://www.paralympic.org/sites/default/files/2021-07/2021_13_07%20Summary%20of%20Panel%20Decision%20NPC%20Armenia%20NPC%20Azerbaijan(Final).pdf
World Para Athletics Rules and Regulations 2020-2021 (February 2020). Retrieved from, https://www.paralympic.org/sites/default/files/2021-02/World%20Para%20Athletics%20Rules%20and%20Regulations%202020-2021.pdf
IPC Code of Ethics. IPC Handbook Section 2, Chapter 1.1. (April 2016). Retrieved from, https://www.paralympic.org/sites/default/files/document/160502112749067_Sec+ii+chapter+1_1_IPC+Code+of+Ethics.pdf
IPC Handbook. Paralympic Games chapter. (November 2013). Retrieved from, https://www.paralympic.org/sites/default/files/document/141113151011315_2014_10_07+Sec+i+Chapter+3+Paralympic+Games+Principles.pdf
Appendix A-IPC regulations governing the procedures for dealing with complaints regarding alleged breaches of the IPC Code of Ethics. (June 2009). Retrieved from, https://docplayer.net/28385279-Appendix-a-ipc-regulations-governing-the-procedures-for-dealing-with-complaints-regarding-alleged-breaches-of-the-ipc-code-of-ethics.html
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