Since the first reports about Vasconcelos from WMPT to
AffCom, before the
15 April General Assembly, we were asking AffCom for legal support to deal
with the situation caused by Vasconcelos, as we are all volunteers and,
unlike AffCom, we have no easy access to lawyers - or at least are unable
to pay them. It was never provided. Instead, AffCom chose to put WMPT on
the freezer for six months already, while continuously listening to the
legal gibberish coming from the "other side", meaning Vasconcelos, a person
that was repeatedly reported to AffCom for severe harassment against WMPT
members. And during the whole process, AffCom was taking their own
conclusions from that legal gibberish, and trying to reach a "middle point"
between WMPT and Vasconcelos in a situation which is ruled by the law, like
if that would ever be possible, or even advisable at all.
We had to do everything by ourselves with our limited resources, without
any legal support facilitated by AffCom. We have extensively read the
country law and many court cases dealing with associations General
Assemblies, we have informally consulted lawyers and jurisconsults, we have
done the best we could to appease AffCom without breaking any country laws.
But, to me, everything would have been incredibly much easier, clearer and
smoother if AffCom had since the beginning requested the legal expertise we
were asking for.
But apparently, at last, after six months of this purgatory, we finally
are on the right path.
Regards,
Paulo
Em 12/10/2018 04:46, "Kirill Lokshin" <kirill.lokshin(a)gmail.com>
escreveu:
The Affiliations Committee has no intention
whatsoever of changing the
process; rather, we are simply trying to determine whether the conditions
that we originally set out have in fact been met.
It would, perhaps, have been easier for everyone if we could have done
this
without having to solicit specialized legal expertise, but the
circumstances seem to have unfortunately precluded a procedure whose
validity is obvious from a simple reading of the applicable rules.
Regards,
Kirill
On Thu, Oct 11, 2018 at 8:17 PM Nathan <nawrich(a)gmail.com> wrote:
Thank you for acknowledging the existence of this
thread and the fact
that
AffCom is still making some effort to bring the
problem to a
resolution. It
doesn't seem like it should be all that
challenging, if one disputant
is a
single individual and the other is a community of
people led by those
for
whom they have repeatedly expressed support.
If, as described, AffCom laid out a procedure by which one side could
legitimize itself and then decided to revoke that procedure after much
work
by those trying to follow it... AffCom could
acknowledge an error and
apologize. That you have described your proposed next step is at least
progress in the right direction.
In any case, I'm sure we all look forward to AffCom sharing the results
of
its solicitation of advice with the Wikimedia
public.
On Thu, Oct 11, 2018 at 8:07 PM Kirill Lokshin <
kirill.lokshin(a)gmail.com>
wrote:
> As I believe we mentioned the last time this particular topic came
up, we
> are unlikely to resolve the intricacies of
Portuguese nonprofit law by
> debating them on a mailing list.
>
> Gonçalo and his colleagues have quite clearly expressed their
position:
> they believe that the process by which they
came to control Wikimedia
> Portugal complies with the applicable provisions of Portuguese law.
At
the
> same time, the other side in this conflict has expressed a contrary
> position: that the process in question does *not* comply with those
> provisions.
>
> The Affiliations Committee has obviously been unable to make any real
> headway here, particularly as the dispute hinges in no small part on
> interpretations of case law rather than a plain reading of the
applicable
> legal codes; consequently, we've
solicited advice from actual
Portuguese
> legal experts, which we hope to receive in
the near future. Until
that
> happens, however, we are not going to be
able to bring this to
closure,
one
way or the other.
Regards,
Kirill
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