Need a clarification about FIDE Rule Article 11 - 11.3.2.1

Dear all,
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I would like to have some clarification from experts who know FIDE rules and regulations well.
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I am currently playing an open FIDE rated tournament.
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Today morning round was scheduled to start on 9.00 AM.
I arrived at tournament hall approximately 7 minute late.
At that time clocks were started.
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I had my mobile phone in my trouser pocket. I took it out , switched off & put in my bag and kept the bag aside on the floor near my chair before sitting to play.
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[ Note: Keeping phones switched off and storing in a bag and keep the bag near chair on floor was allowed in this event according to the regulations specified before tournament started ]
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After switching off and putting the phone in the bag I sit on chair, filled name, date, etc fields in record sheets & shake handed with opponent and started to play the game.
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After 20 moves I had better position on the board and my opponent had about 10 minutes on the clock & I had about 45 minutes [Time control of the event is 1 hr 30 min + 30second increment per move].

The game played is 5th chapter in this study lichess.org/study/ZjnhrRaa

At that time my opponent complained that I used my mobile phone during the game. Arbiters decided that I have lost the game according to article 11. They said Switching offing phone considered as accessing phone & since clock was started at that time I lost the game.
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FIDE rules handbook article 11 sub sections say [www.fide.com/fide/handbook.html?id=208&view=article]

11.3.2.1
During a game, a player is forbidden to have any electronic device not specifically approved by the arbiter in the playing venue.

However, the regulations of an event may allow such devices to be stored in a player’s bag, provided the device is completely switched off. This bag must be placed as agreed with the arbiter. Both players are forbidden to use this bag without permission of the arbiter.

11.3.2.2
If it is evident that a player has such a device on their person in the playing venue, the player shall lose the game. The opponent shall win. The regulations of an event may specify a different, less severe, penalty.

1. What is considered as playing venue ? Is it playing hall or players chair & table ?

2. What is considered as "During a game" ? If clocks started but no move was made ? is it considered as during the game ?

3, In some other event it say draw offers can be made only during the game & at least one move should have made before offering draw , But could not find such thing in FIDE handbook. Are there any other additional explanation to FIDE hand book articles which say such thing ?

Thank you

To keep it short: according to the official rules everything ok. The round was started so you entered the venue with a running mobile phone. Game lost.

There were cases in the highest leagues which were jugded accordingly.

Your opponent is one huge piece of an ass sportsmanship though.

It is not all that simple: since the act your opponent was complaining about took place roughly 10 minutes into the game and he complained about two and a half hours later (you had 55 min used, he had 90 min used from what you said about time left on the clock) the complaint is probably not acceptable any more.

Yes, you did violate the rule, but by not complaining immediately or at least in timely fashion he implicitly accepted your violation and let it go.

There is an analogous regulation about a wrong starting setup (i.e. king and queen exchanged): complain within the first 5 moves and the game is restarted from a correct setup. Fail to do so and you have accepted the setup the way it is. You expressly cannot claim a restart later.

Furthermore, the FIDE Code of Ethics (which actually takes precedence over any specific regulations) says that a player has to conduct himself always in a sporting way. Using a violation like yours later as an "insurance against game loss" is probably not sporting behavior.

Another point is: what is played takes precedence. Since the game was already played and in progress after the violation happened its outcome cannot be reversed by a ruling. That is also in the FIDE rules.

(Sorry for not quoting instead of paraphrasing here, btw.. My arbiter training is already a few years back and i do not work as an arbiter at all, so i had the documents not at hand and had to fall back to failing memory.)

krasnaya

#1 I am merely a near-expert, not a TD (or arbiter); however after decades of play my interpretation is:

11.3.2.1 says "This bag must be placed as agreed with the arbiter." which didn't occur. I've once seen a TD make up rules, but of course only the actual rules apply (and made-up rules could never survive an appeal).

While 11.3.2.2 seems clear to me, what surprises me is that the arbiter actually searched you (or you volunteered evidence that you had such a device). I don't see anywhere in the rules that a TD must search players at an opponent's request, although again I am not a TD.

At this point I don't know, you might be able to encourage your member federation to consider revoking this troll's membership or condemning him or something. I don't think you can win the game, but maybe you can win the war.

Active arbiter here (FIDE Arbiter seminar passed in 2017)

According to:

Article 11: The conduct of the players
11.1 The players shall take no action that will bring the game of chess into disrepute.

Article 12: The role of the Arbiter (see Preface)
12.1 The arbiter shall see that the Laws of Chess are observed.
12.2 The arbiter shall:
12.2.1 ensure fair play,
12.2.2 act in the best interest of the competition,

Then the arbiter should have dismissed your opponent's claim for being unfair and against the competiton fair play and the spirit of the game itself.

These articles give the arbiter much more decision power than most people think.
Of course the arbiter can always choose to act like a robot and not try to understand the whole situation, but that's not what we are supposed to do.

Anyway, next time you are late you'd better switch your phone off before entering the tournament venue or go straight to the arbiter and tell him you are late and you need to switch your phone off before starting the game.

Hi chanakam2000,

I am an FIDE IA from the United States --- Here's the answers to your questions:

1. What is considered as playing venue ? Is it playing hall or players chair & table ?

The playing venue is designated by the organizer which may include a smoking area outside the building. In your case, the playing venue is the entire playing hall, including the table and chairs.

2. What is considered as "During a game" ? If clocks started but no move was made ? is it considered as during the game ?

Articles 6.6 states, "At the time determined for the start of the game White’s clock is started." Thus, the round is started by the arbiter, the games has started, even if no move was made by White - the round has started.

3, In some other event it say draw offers can be made only during the game & at least one move should have made before offering draw , But could not find such thing in FIDE handbook. Are there any other additional explanation to FIDE hand book articles which say such thing ?

www.fide.com/fide/handbook.html?id=208&view=article is the FIDE Laws of Chess. Article 9 explains all the different draw offers/claims. The event might specify no draw offers before x-number of moves ie. Sofia 30 move draw.

In the event of Article 9.1.2.1 - draw offer, the proper procedure is the following: 1. Make your move 2. Offer a draw 3. Press your clock 4. Note the draw offer with an equal symbol (=) and 5. Wait for your opponent's response. (Opponent could either accept, or decline verbally or reject it by touching a piece).

In general, I would advise that all players leave their all electronic devices, including cell phones, either at home, hotel room, car etc. There is no need for any electronic device in the playing hall. If one has a medical device, please notify an arbiter so the arbiter knows about such device.

Edited: Also, if you do not like an arbiter's ruling, you can appeal via Article 11.10 which the organizers should have formed an appeal committee before the start of the event.

Best,
~IA Acerook

There was a open in Germany, rule set used was the following: no electronic device allowed at all.

A young player witnessed his opponent disassembling his mobile and accu before the game and stored them in his coat in the playing room. No sooner as a few hours later when the young dude was going to lose he claimed and got right.

Or remember that Bundesliga fellow who entered the room, the games were started and he lost without sitting at the board? We had this in our league as well.

There are uncountable victims of this rules, complaining is futile normally. Keep strict to the rules as every arbiter will tell.

@Sarg0n
How was the result recorded there ? Was it considered as lost without playing a single move which record something like 0F-1F where there is no effect to players rating on that result or was it recorded in the manner which affecting to players results ?

Mine was recorded in a way so that it affect to rating.
http://chess-results.com/tnr378877.aspx?lan=1&art=9&fed=SRI&snr=12