The Electoral Committee of the Spanish de Vela rejects Chiqui's appeal
The Electoral Committee of the Spanish de Vela rejects Chiqui's appeal
The supercites have dismissed Chiqui's appeal
The Electoral Board of the Real Federación Española de Vela, composed of legal counsel Carolina López Chaves as president, Alfredo Platas Palacios as secret and Enrique Arnaldo Benzo, with the presence of the legal adviser of the Spanish Antonio Candela Domingo, have made the decision to dismiss the challenge of García de Soto "Chiqui" against the candidate for the president Julia Casanueva. This is the full text of the resolution:
In the light of the complaint made by José F. García de Soto and de la Roza on 4 March, concerning the candidate for the Presidency of the RFEV submitted by the Casanueva, since according to the appellant has failed to comply with the electoral regulations, since in January he sent an electoral programme in Catalan, and also held demonstrations in favour of the granting of a High Performance Centre in the Canary Islands, this Electoral Board, based on the following:
1. The claimant does not substantiate any of the above with regard to the former Chairperson of the Management Commission, Ms. Casanueva, has failed to comply with the electoral regulations, since in January it is supposed to have submitted an electoral programme in Catalan and also held demonstrations in favour of the granting of a high performance centre in the Canary Islands.
2. This Electoral Board has already reported against the claimant on a similar case against Ms. Casanueva in Exp. No 40 / 2017 TAD, as well as against the resolution adopted in Resolution No 29 of this Electoral Board.
3. As to its manifestations in the Canary Islands, it is already stated in file No 40 / 2017 TAD that the interested party claimed that it had simply supported an important initiative for the sailing world, since it was asked its opinion on the request of the Canary Federation for the creation of a Centre for Tecnification and High Performance to the Canary or the Island Government; and it could not but show its support for the Canary Islands also having a centre of such characteristics as they have in other points of the Spanish geography a Centre of High Performance.
4. On the other hand, with regard to the alleged electoral programme in Catalan, the document attached to the complaint is dated 27 February 2016, thus one of two: either pre-election, or post-date of the complaint Casanueva has resigned as a member of the Management Commission.
5. It is not in any way credited that the document is official and has been issued by the Casanueva in the reporting period: neither the letter is signed by the claimant nor provides any evidence of its disclosure. The claim was also made in the past with absolute clarity.
6. The appellant has filed other equal claims, on the same facts, on countless occasions, all in the same sense, and all rejected, not providing his current claim with any new facts or documents that could modify the previous resolutions.
7. No breach of the Electoral Regulation or of Order CD / 2764 / 2015 of 18 December is therefore established, since in no case has it been established that acts have been carried out that make it possible for the voters to vote during their term of office in the Management Committee.
For the above reasons, the Electoral Board agrees to dismiss the complaint submitted by Mr. García de Soto against the RFEV Presidency nomination submitted by the Casanueva, by not observing any kind of non-compliance with electoral rules.
And without more matters to deal with, the session held by email on March 7, 2017 is adjourned.
This Decision may be appealed to the Administrative Court of Sport within two working days, as provided for in Order CD / 2764 / 2015 of 18 December 2015 regulating the electoral processes in the Spanish sports federations.
This appeal (art. 24.2 of the above-mentioned Order) addressed to the Administrative Court of Sport must be submitted to this Electoral Board (at the physical headquarters of RFEV or electronic of the Secretariat of this Electoral Board, elections @ rfev.es).
8 / 03 / 2017: Chiqui challenges the candidacy of Julia Casanueva to the Spanish de Vela
According to the prestigious IUSPORT portal, the Santanderino regatist Jose Francisco Garcia de Soto (1) has challenged to the TAD the candidacy of Julia Casanueva, who aspires to the relection. It states in his writing García de Soto that "On March 4, he presented to the RFEV Electoral Board a challenge to Dña's candidacy. Julia Casanueva San Emeterio, which today, March 7, 2017, with the leave of office by the Electoral J. of the RFEV, has not been resolved to go beyond what it should have been on March 6, 2017... This lack of resolution seriously undermines my rights, preventing me from properly challenging the decision that the Electoral Board could have evacuated with regard to my challenge to the Mrs. Candidature. Casanueva, being very serious about this non-compliance with the Electoral Calendar, what has already happened and what this TAD is aware of... in order to ensure that the legal time limit for pleading the resolution of the Electoral Board to the TAD is not passed, and not having it in my possession, because it has not been my challenge with serious prejudice to my rights, I present before the TAD the appeal that I submit to the Electoral Board whose copy attached to this letter, and which it has not resolved on date, ratifying me completely in it. ".
He ends up asking the TAD to "on the basis of the facts reported in the challenge, which constitute a breach of the electoral regulation, and therefore a very serious lack of sports discipline, which may lead to the disqualification of the candidate, since what she did in the facts reported influence the electoral process, vexing it completely, which could lead to the annulment of it by that TAD, requesting the nullity of the candidate's candidacy Julia Casanueva San Emeterio to the presidency of the RFEV, having failed to comply with the article 4.2 of the Electoral R. which is very clear as to what the members of the Management Commission cannot do, and that Mrs Casanueva has repeatedly flagrantly failed to fulfil while she was serving as President of the Commission.".
(1) José Francisco García de Soto, also known as Chiqui (born June 23, 1947 in Santander, Cantabria), is a Spanish regatist, captain of the merchant navy and professor of the School of the Civil Navy of the University of Cantabria. He is an athlete of the Royal Maritime Club of Santander who has participated in two Olympic Games, seven times in the Princess Sofia Trophy (twice in Snipe, four in Tornado and one in Star), has won the Cup of His Royal Highness the Prince of Asturias, and has been Spanish champion of the Snipe class in master category in 2008
THE PAST CLAIM TO THE FEDERAL ELECTORAL BOARD
TO THE ELECTORAL BOARD OF THE RFEV
José Francisco García de Soto y de la Roza, member of the RFEV, with the DNI...., e-mail... and within the time limit granted for this, I present a challenge to the candidacy of President of the RFEV of the Julia Casanueva San Emeterio on the basis of the following issues,
Mrs. Casanueva was the President of the Management Commission from the call for the electoral process on 3 November to the submission of her resignation to the Management Commission on 14 February 2017.
During this time Mrs Casanueva has performed acts that directly or indirectly, mediates or immediately induce or condition the sense of the voters' vote, not observing with them the principles of objectivity, and transparency of the electoral process and equality between the electoral actors.The facts Casanueva that condition or induce the sense of the voters' vote are as follows, while he has been Chairman of the Management Commission as follows:
In November 2016, in full performance of its presidency of the Gestora, the RFEV receives and Mrs Casnuevo begins the processing of the request that is not in time and in breach of all the regulations of the RFEV on the perdition of requests for events, does the RCMS to the RFEV on November 23, 2016, not only does this Casanueva, but through the Management Commission that it chairs, seeks to supply the delegated Commission, to include this event in the Official Schedule of Regates that had just been approved by the Assembly on 23 October 2016 and in which it did not appear. With this action the President of the Gestora was doing an act that induced the sense of the vote to the Assemblies of Santander and Cantabria. All documentation on this subject is recorded in the RFEV archives, which makes it necessary for the Electoral Board to review them only.
On her trip to Las Palmas Olympic Week in December, she Casanueva, the Chairman of the Management Commission, went to it, and without coming to account on that move, whose purpose was to be present at the event representing the RFEV, Mrs Casanueva, on 4 December granted an interview to the EFE agency, which is echoed by the press of Las Palmas and the national press. In her, Mrs. Casanueva makes statements in which he praises his management at the head of the RFEV and gives or his support to the creation in Las Palmas of a high performance centre, which is one of the highest aspirations of the Canary Sailing:
Attaché to this written link of some of the media that transmitted the statements of Mr. Casanueva:
http: / / eldia.es / agencies / 8984562-VELA -Interview -Julia-Casanueva-RFEV-supports -Central-Alto-
Surrender - Canary Islandshttp: / / www.eldiario.es / canariasaSports / deportas _ nauticos / Casanueva-RFEV-Central
Surrender - Canary Islands 0 587241547.htmlWith these statements made to the EFE Agency, the President of the Management Commission, carries out a full-fledged electoral act, in which it implicitly highlights its federal successes, making an express and voluntary commitment with the support of the High Performance Centre in the Club Canario, which is one of the claims of the same and of the whole of the Vela Canaria, in breach of Article 4.2 of the Electoral Regulation when it claims that the Casanueva with the interview given to EFE to make its electoral campaign taking advantage of its trip to the Canary Islands on behalf of the federal funds, and with the interview granted to EFE it induces in a mediatly (or indirectly) way the vote in favour of the person conducting the same, in this case the Canaries electors, as in the interview it has committed itself to what it supports, being a clear breach of the rules of the ECD / 2764 / 2015, of 18 December governing the electoral process of the FFEE, and of the RFEV Electoral Regulation. Accompanying to this letter the full interview conducted by the President of the Management to the EFE agency on 4 December 2016 as Doc. No 1.
During the last month of January 2017, being the Casanueva, president of the Gestora Commission, appeared an electoral programme drawn up in Catalan that was named and last name, in the heading and at the end of the document, which I attach to this letter as Doc. No 2. This subject was echoed by the press on 1 February 2017
http: / / www.masmar.com / esl / Sailing / M% C3% A1s-Sailing / La-Sra.-Casanueva, -like -Aznar, -speak-the-catal% C3% A1n-en-la-intimacy
Article 4.2 of the electoral rules states: "The Management Commission shall be the body responsible for administering and managing the Federation during the electoral process. It shall not be able to carry out any acts which it provides, or which are not, intended or intended to be, proportionate or inequitable, to be, or to be, in the sense of the vote of the ELECTORS and to be aware of the principles of objectivity, the transfer of the ELECTORAL PROCESS and the equality between the ELECTORAL ACTORS."The wording of this article of the Electoral R cannot be clearer and more concise about what the members of the Management Commission should not do, and that she should not Casanueva has repeatedly failed
It is on the basis of these facts that I impute to Mrs Casanueva as a candidate for the presidency of the RFEV.
In Santander on March 4, 2017 ″.
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