The International Paralympic Committee (IPC) announced today that Brazilian Swimmer Clodoaldo Silva has been restored to class S4-SB3-SM4 after a reclassification following protest in December 2006.
In December 2006, Silva entered competition in the 2006 IPC Swimming World Championships in Durban, South Africa, in the classes S4-SB3-SM4.
Another NPC lodged a Classification Protest against the classification of Silva after he had competed in his first events. The protest was accepted by the IPC Swimming Technical Committee and the athlete was classified S5-SB4-SM5 by the IPC Swimming Protest Jury.
Silva lodged an appeal against the decision of the IPC Swimming Protest Jury on 27 December 2006, asking for an annulment of the reclassification. Furthermore, he asked for the annulment of the resolution passed by the IPC Swimming Classification Committee, issued in February 2005, which refers to the protest possibility of the permanent classification status of an athlete. As a result of the annulment of the decision by the IPC Swimming Classification Panel, it was further claimed that the times recorded by Silva in class S5-SB4-SM5 during the 2006 IPC Swimming World Championships be considered as if recorded in class S4-SB3-SM4 for the purpose of record keeping and prize awarding.
Following a Board of Appeal of Classification (BAC) Hearing, the BAC Hearing Body decided that the appeal by NPC Brazil is upheld on the ground of unintentional failure in communication by the IPC Swimming Technical Committee that constituted a breach of the Classification procedure. The Athlete is restored to class S4-SB3-SM4. The IPC BAC Hearing Body has no authority to make recommendations in relation to the further claims of the Athlete (ie. record keeping and prize awarding), and none are therefore made.
In December 2006, Silva entered competition in the 2006 IPC Swimming World Championships in Durban, South Africa, in the classes S4-SB3-SM4.
Another NPC lodged a Classification Protest against the classification of Silva after he had competed in his first events. The protest was accepted by the IPC Swimming Technical Committee and the athlete was classified S5-SB4-SM5 by the IPC Swimming Protest Jury.
Silva lodged an appeal against the decision of the IPC Swimming Protest Jury on 27 December 2006, asking for an annulment of the reclassification. Furthermore, he asked for the annulment of the resolution passed by the IPC Swimming Classification Committee, issued in February 2005, which refers to the protest possibility of the permanent classification status of an athlete. As a result of the annulment of the decision by the IPC Swimming Classification Panel, it was further claimed that the times recorded by Silva in class S5-SB4-SM5 during the 2006 IPC Swimming World Championships be considered as if recorded in class S4-SB3-SM4 for the purpose of record keeping and prize awarding.
Following a Board of Appeal of Classification (BAC) Hearing, the BAC Hearing Body decided that the appeal by NPC Brazil is upheld on the ground of unintentional failure in communication by the IPC Swimming Technical Committee that constituted a breach of the Classification procedure. The Athlete is restored to class S4-SB3-SM4. The IPC BAC Hearing Body has no authority to make recommendations in relation to the further claims of the Athlete (ie. record keeping and prize awarding), and none are therefore made.
