安魂曲
[个人文集]
加入时间: 2004/02/14
文章: 12787
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作者：安魂曲 在 罕见奇谈 发贴, 来自 http://www.hjclub.org
“Stapleford wrote a report following the conversation with Le Gougne, had it signed by the three witnesses and submitted it to Cinquanta and the event referee, Ronald Pfenning, on Tuesday morning. At that same time, Pfenning conducted the normal event review meeting wherein Le Gougne admitted to him she had been pressured by her own federation to put Russian pair Elena Berezhnaya and Anton Sikharulidze ahead of Canadians Jamie Sale and David Pelletier. Pfenning submitted a report to Cinquanta, who confronted Le Gougne and she submitted her own written and signed declaration."
"She said in the meeting she was pressured by the French federation," said Cinquanta. "I asked her, `do you confirm this?' She said yes, she got pressure from the French federation to put the Russian pair first. She did not say she put the Russian pair first because of this pressure."
Cinquanta said Le Gougne's misconduct is limited to not reporting this pressure to him and the referee prior to the competition. She has been suspended indefinitely as an ISU special commission conducts an investigation of the affair. He said they will interview all of the principals.
Cinquanta said the commission will also look into Le Gougne's charges that she was intimidated into making the declaration, despite the fact he said she was treated properly, at least in his presence.
"She thanked us. Obviously she wasn't happy but what she said and what she signed is something she reviewed. If today Madame Le Gougne has changed her mind, if she's modifying her statement and her point of view has changed, we have to be careful. We have to continue with the investigation because you can't change your mind every day."
注意：根据ISU相关规则和“程序”，裁判假如不在比赛前把自己明显受到的压力向上级汇报就属于Misconduct，这正是法国女裁判受处罚的唯一原因。-----没有任何人说她一定在压力之下徇情枉法，但这种解释其实毫无意义，不然受了贿的裁判也可以自称没有偏袒任何一方，受贿就是错的，其裁决就是有违“程序公正”；同样，受到明显的来自自己国家冰联的徇情枉法压力（这明显是违反ISU规则的）却不向“组织”汇报就走上裁判席，那就既明显违反了ISU的相关规定（ISU得到汇报后可能会要求相关裁判回避），情理上也无法保证自己同压力方向完全一致的，受到广泛质疑裁决一定没有受到这压力的丝毫影响。
西方国家法庭都有要求可能（！）不能保证公正裁决的法官或陪审员回避的相关规定，不管这个法官或陪审员本人可以在压力之下多么公正，但只要他事前隐瞒了自己可能需要回避这一事实（比如法官所属党派对其施加压力，或者陪审员老板要求其偏袒一方。。。等等），他的参与裁决本身就违反了“程序正义”的法律精神因此相关的裁决也只能被视作MisJudge，而不能光听这些受到压力的人自己如何表白自己的裁决“不受压力的任何影响”。那种“人家裁判受到压力也不一定代表人家的裁决就一定不公正”的逻辑本身就是有违“程序公正”基本精神的。
作者：安魂曲 在 罕见奇谈 发贴, 来自 http://www.hjclub.org |
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樊教授对国际冰联和奥委会违反“程序公正”的批评缺乏起码依据
