PPI CoA/PPI CoA Preliminary Ruling 2012-1

Summary

The Pirate Party International Court of Arbitration has been asked by PPI co-chairman Samir Allioui to investigate on corruption of the PPI board in the choice of the next PPI GA location.

The Court of Arbitration did not find evidence of such corruption after a first investigation, and calls for public cooperation in order to find such evidence.

The Court of Arbitration, however, decided to confirm the choice of the PPI board for the 2012 PPI GA location without waiting for the end of the investigation process on corruption charges, as the prejudice for the PPI would be greater otherwise.

The Court of Arbitration will issue a separate ruling on the corruption charges from Samir Allioui at the end of the investigation.

Court of Arbitration preliminary ruling n°2012-1, January the 3rd of 2012

-> PPI Co-chairman Samir Allioui filling charges of corruption against the rest of the PPI board regarding the choice of next General Assembly location.

THE PIRATE PARTY INTERNATIONAL COURT OF ARBITRATION,

Given the PPI Statutes,

Given the 2011 December 20th "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 2011 December PPI board meetings,

- ABOUT THE CORRUPTION OF THE PPI BOARD IN THE CHOICE OF 2012 PPI GA LOCATION

1) Considering Samir Allioui affirmed in his December 20th statement that there was corruption in the PPI board choice of PPI Ordinary Member Pirate Party of Czech Republic (subsequently PP-CZ) offer for 2012 PPI General Assembly (subsequently GA), over propositions from PPI Ordinary Member Pirate Party of Russia and self-proclaimed Pirate Party of Tunisia (subsequently PP-TN), of which the PP-TN would have been the victim.

2) Considering that the Court of Arbitration did not find any proof of corruption after a first investigation into the mail exchanges, the minutes from previous PPI board meetings, or the pad and audio recording from 2011-12-20 PPI board meetings.

3) Considering that Samir Allioui has been asked to point out to the Court of Arbitration clear and explicit evidence of his corruption claim.

4) Considering that Samir Allioui has not handed over such informations to the Court of Arbitration in the delay given to him.

5) Considering that the only remaining option to the Court of Arbitration to identify or find possible evidences is to make a public call for it.

6) Considering that the PP-TN, after a first inquiry from the Court of Arbitration, does not have more elements to support the corruption claim from Samir Allioui.

7) Considering that the PP-TN acknowledged that they have not sent their official proposition to the PPI board before the end of the deadline.

8) Considering that therefore, up to now, the PP-TN does not oppose the 2011 PPI GA location choice by the PPI board.

- ABOUT THE IMPACT OF FURTHER DELAYING THE PPI GA LOCATION DEFINITIVE CHOICE

9) Considering that delaying the confirmation or changing of the PPI GA location would cause an increasing prejudice to all PPI Members and PPI Officers as the time to prepare the General Assembly would be proportionally shorter and the travel expenses greater.

10) Considering that the main motivation for hosting the PPI General Assembly outside of Europe would be to allow PPI Members from other continents to send delegates more easily.

11) Considering that Tunisia, as geographically near Europe, does not offer any such advantage to most of these PPI Members.

12) Considering that therefore the benefits of an hypothetical invalidation of the choice of the PPI board would not even compensate the disadvantages of a late decision of the PPI GA location.

13) Considering that therefore, the interest of the PPI and a vast majority of its Members, if not all, would be to confirm the PPI GA location as soon as possible, regardless from the subsequent conclusions of the PPI board corruption charges investigation.

14) Considering that the paragraph XIVa. (3) a) gives to the Court of Arbitration the power to "issue a preliminary ruling in an urgent matter of its competence".

15) Considering that the paragraph XIVa. (3) b) gives to the Court of Arbitration the power to "declare matters of fact when necessary for the functioning of the PPI".

16) Considering that therefore the Court of Arbitration can issue a preliminary ruling to make definitive the PPI board choice of Pirate Party of Czech Republic offer to host the 2012 PPI GA.

S T A T E S

Article 1) Anybody having clear evidence of corruption in the choice of the 2012 PPI General Assembly location shall send it before Tuesday January 10th of 2012 to the PPI Court of Arbitration. The procedure to file such evidence to the Court of Arbitration shall be the same than for filing complaints in its provisional rules of procedure.

Article 2) The choice of the offer from Pirate Party of Czech Republic to host the 2012 PPI General Assembly is definitive.

Article 3) The current decision will be published on the PPI website.

Deliberated by the Pirate Party International Court of Arbitration on January 3rd of 2012, attended by the followings :

Sven Clement, Marco Confalonieri, Arturo Martínez and Maxime Rouquet.