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- By Rebel (****) Date 2019-11-29 09:10
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The biased composition of the Panel (jury) Members

1.Following the ICGA charter a Panel (jury) was installed to investigate the allegations against Rajlich and report their findings to the ICGA (judge) to rule. The Panel contained 34 people approved by the ICGA Secretariat (Mark Lefler, Robert Hyatt, Harvey Williamson). The first action of the Secretariat was the rejection of a well-known critic of the Rybka allegations. Realizing what kind of justice was to expect Ed Schröder resigned from the Panel.
2.Of the 34 people approved, ten were a) not chess programmers and thus were not qualified to judge the technical evidence or b) were affiliated with programmers having an interest in a guilty verdict.
3.Of the remaining 24 chess programmers, seven of them were direct competitors of Rybka, namely the authors of chess engines Junior, Critter, Stockfish, Komodo, Hiarcs, Shredder and Rondo.

4.Three of these seven programmers stood to become retroactive world champions following a guilty verdict: Zach Wegner (Rondo/Zappa), Stefan Meyer-Kahlen (Shredder), Mark Uniacke (Hiarcs). And all 3 voted guilty. And all 3 became world champion.

5.Because of the irregular nature of the panelists no judge would allow a jury with such a concentration of vested interests. Also we can not think of any sport organization that allows the silver and bronze medalists to judge the gold medalist, except the ICGA.


The Panel Cheat

Following the ICGA charter [3g] it was the job of the Secretariat (which included a member of the Hiarcs team that stood to become retroactive world champions following a guilty verdict) to produce the Panel Report which should reflect the deliberations of the 34 Panel (jury) members as written in the (hidden) WIKI forum, 214 posts in total. The Panel Report served as information for the ICGA in the role as judge to rule and speak the final verdict.

Many things are wrong in the Panel Report, the ICGA was ill informed, misled by the conspiring Secretariat. The “Report” misrepresented the Panel, was not reviewed by the 34 Panel members, added extreme punishments that the Panel was not aware of, had not suggested and had not even been asked to provide and failed to mention the “derivative, meaning of” extensive and key discussion. To add insult to injury the Secretariat fraudulently added the Panel signature as Authors. The “Report” was not the consensus if the Panel. The “Report” was the extremist position of the fancy named, controlling “Secretariat”.

We will only address the 2 most important cheats of the Secretariat:

1. The lifetime ban of Rajlich. Overruled by the FIDE ethic commission after Rajlich filed a complaint.

Otherwise, by imposing a lifetime ban as a sanction against Mr Rajlich, in absence of a clear statutory basis and without sufficient procedural guarantees for Mr Rajlich, the ICGA did not act in accordance with FIDE rules, this way violating par. 2.2 and 2.2.10 of the FIDE Code of Ethics.

- ICGA has to be sanctioned with a warning and has to be invited to modify their statutes in accordance with FIDE principles and rules.

Tromsø, 10 August 2014
The Chairman of the FIDE Ethics Commission
Roberto Rivello

2. The stripping of Rajlich's 4 world champion titles of 2007, 2008, 2009 and 2010

From the ICGA charter:

The purpose of the Panel shall be to:

[ a ] Investigate and discuss allegations of cloning or creating a derivative of strategy games programs;
[ b ] Report to the ICGA as to the veracity or otherwise of such allegations;
[ c ] Make recommendations to the ICGA as to what action if any should be taken against those found by the Panel to have been guilty of cloning or creating a derivative;
[ d ] Publish the findings of the Panel.

It's clear from the charter it's the job of the 34 Panel Members to decide to what actions should be adviced to the ICGA and following [3g] of the charter it was the job of the Secretariat (Bob Hyatt, Harvey Williamson, Mark Lefler) to produce the Panel Report which should reflect the findings of the 34 Panel Members.

It's not what happened, in fact the the most severe action (to strip Rajlich from his 4 world titles) came from only one unknown Panel Member, not even known by Secretariat member Bob Hyatt and yet the recommendation to the ICGA is mentioned in the Panel Report of the Secretariat. As such (to strip Rajlich from his 4 world titles) is not the opinion and recommendation of the 34 Panel Members.

On the contrary, looking at the Panel deliberations on the WIKI forum we see the opposite, 3 people mention the subject and were not in favor of stripping titles and THAT FACT was not mentioned by the Secretariat in the Panel Report.

Panel quotes

Bob Hyatt - What should happen if Rybka is found to be a derivative by the ICGA board? Difficult to say. It is never easy to rewrite the history books and withdraw titles. And if Rybka is eliminated from those tournaments, who becomes the new world champion for those years? A Swiss tournament is really not very good at providing a clear #2 in every tournament. If there were a playoff for 1st, one might make a case, but I am not sure whether trying to rewrite history is worth the effort.

Gerd Isenberg - I'll suggest to declare Fabien Letouzey as member of the Rybka team until WCCC 2009, assuming Fabien agrees with that.

Mark Watkins - As for what action(s) should be taken regarding all this, I again note that I am not an ICGA member, and they are certainly more competent to decide, but in general I agree with Gerd (and some of Bob's comments) that as little as possible should be done with the re-writing of history

These are the only 3 comments made in the voting thread. Instead the Secretariat prefered the opinion of one anonymous Panel Member. Whether intentional or not, the ICGA was misled.

Two other Secretariat failures:

1. In the WIKI forum there are 2 polls about the technical part, there is no third poll asking the 34 Panel Members for their opinion about possible sanctions following the charter stipulations [1c] and [3g] an obliged task, but not executed.

2. We asked several people from the Panel if they were offered the Panel Report for review before sending it to the ICGA. All said no. But the day after the release of the (so called) Panel Report David Levy contacted Rajlich and faced him with the (not checked) (so called) Panel Report.

Asking the Secretariat members how on Earth the red marked recommedation to strip Rajlich from his 4 world titles against the wish of 3 Panel Members possibly could end up in the Panel Report to the ICGA we got the following feedback:

Robert Hyatt - It came from one Panel Member unknown to me. And "I did not write that sentence".

Mark Lefler - Ed, you seem to think the Secretariat are not themselves panel members. They are panel members.

Harvey Williamson - Ed, please direct any further questions you have on this matter to Jonathan.

Note that "Jonathan" as mentioned by Harvey Williamson is Jonathan Schaeffer the new ICGA president. From the 3 statements it's impossible to conclude what really happened writing down the Panel Report, Mark Lefler's reply might indicate it was the decision of the Secretariat as a whole but the feedback from Robert Hyatt excludes that scenario.

Panel Members are invited to contact me via the contact form or otherwise that may shed new light on this dubious Panel Report.

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