DOCSLIB.ORG

WSA June 2018

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
WSA June 2018 CASE LAW image: David Madison / Stockbyte / GettyImages Claude Ramoni Partner [email protected] Libra Law, Lausanne Analysis of the awards Zubkov and Legkov v. the IOC On 1 February 2018, five days before the opening ceremony of the Winter Olympic Games in PyeongChang, the Court of Arbitration for Sport (‘CAS’) was facing heavy scrutiny from its critics. On that day, it was announced that the CAS Panel had decided to cancel the sanctions imposed by the International Olympic Committee (‘IOC’) Disciplinary Commission on 28 Russian athletes (out of 39 appeals decided by the CAS) resulting from the Sochi doping scandal. As a result, 28 Russian athletes were cleared to compete and were not facing any disciplinary consequences further to the alleged doping practices revealed by the McLaren Report. IOC President Thomas Bach was bitterly against the decision issued by the CAS and called for an urgent need to “reform” the CAS; IOC and ICAS member Dick Pound described the CAS decision not to sanction the 28 Russian athletes as “perverse.” At that time, such comments were made without knowing the grounds for the award, which were finally issued on 23 April 2018. In this article Claude Ramoni, Partner at Libra Law, explores some explanations on why the CAS came to the opposite conclusion to the IOC in the matter of those 28 Russian athletes. Background - the IOC Disciplinary the McLaren Report and afdavit by Dr gravity of the urinary sample; and (v) Commission decisions Rodchenkov - was indeed in place and witness testimony of Dr Rodchenkov, Further to the Sochi doping scandal implemented on the occasion of the notably based on his notes and diaries revealed by the McLaren Report, the Sochi Olympic Games. More specifically, stating that he remembered that some IOC appointed a disciplinary commission the Oswald Commission relied on (i) the athletes were using doping practices chaired by Prof Denis Oswald (the content of the so-called ‘Duchess List,’ and/or needed to be ‘protected’ ‘Oswald Commission’) in order to i.e. a list of athletes who were allegedly (possibly by swapping their urine). investigate possible doping violations by given a doping cocktail developed by Dr athletes who may have benefitted from Rodchenkov; (ii) the exchanges of emails The Oswald Commission went further the organised doping scheme on the between the Russian laboratory and in analysing the evidence available on occasion of the Sochi Olympic Games third parties showing that some positive each individual athlete. It held that the and conduct disciplinary proceedings cases were covered up; (iii) forensic concerned athletes knew about the against the concerned individuals. analysis of the Berlinger bottles used in sample swapping scheme. Notably Sochi revealing the presence of scratch by being provided with the ‘Duchess The Oswald Commission held that marks possibly showing that the bottles Cocktail’ they could not ignore that 43 Russian athletes had committed had been opened and the urine sample measures were in place to shield doping ofences on the occasion of the tampered with; (iv) scientific analyses them from adverse analytical findings Sochi Olympic Games and imposed revealing that some samples provided or that they were being ‘protected’; in lifetime bans on participation in all by Russian athletes in Sochi revealed order to allow urine substitution, their future editions of the Olympic Games. abnormally high level of salts, this cooperation was needed to provide evidence supported Dr Rodchenkov’s ‘clean’ urine; athletes had to collaborate In short, the Oswald Commission relied revelations that he had to add salt to in order to identify the reference on corroborating evidence in order to the ‘clean’ urine substituted against the number of the sample provided during decide that a scheme of doping practice urine provided on the occasion of the doping controls in Sochi and pass and sample swapping - as described in control in order to adjust the specific this information to the laboratory in 6 WORLD SPORTS ADVOCATE In the case of the Russian athletes, the CAS did not depart from its practice of accepting indirect evidence. Actually, the CAS sanctioned Zubkov and ten other athletes in the absence of any direct evidence. order to allow the sample swapping. reliable means, including circumstantial Report were playing a decisive role. Accordingly, the Oswald Commission evidence. In the cases at hand, there In other words, adverse inference decided that the concerned athletes was no direct evidence of doping could be drawn from the overall were guilty of (i) allowing sample practices; none of the athletes tested circumstances of the case. On the swapping and tampering (use of a positive for a prohibited substance; contrary, the CAS Panel adopted more prohibited method in the meaning no one actually saw the athletes using of an “individual” approach, i.e. asking of Art. 2.2 WADA Code/tampering the Duchess Cocktail; there was no the IOC to bring evidence of the in the meaning of Art. 2.5 WADA direct evidence of athletes bringing athlete’s personal involvement in Code), (ii) use of a prohibited method clean urine to the laboratory; there the wrongdoing8. in the meaning of Art. 2.2 WADA was also no clear evidence of athletes Code, and (iii) cover up/complicity taking pictures of their doping control In the past, CAS Panels have adopted contrary to Art. 2.8 WADA Code. form and providing them to the Sochi diferent approaches with respect laboratory. Anti-doping authorities have to whether proof of doping within a The CAS awards limited investigative power. Accordingly, group of athletes or a club is sufcient Comparing the award issued by the the CAS Panel clearly mentioned to further establish some malpractice CAS in the matter of athletes cleared of that it could not impose unrealistic for each individual athlete even in wrongdoing1 and the ones in which the expectations concerning the evidence the absence of adverse analytical CAS confirmed the doping ofences2 that the IOC is able to obtain from findings. For example, in WADA v. helps create an understanding of the reluctant witnesses or other sources5. Bellchambers et al., AFL & ASADA, reasoning followed by the Panel. the Panel started from the point that In actual fact, the CAS confirmed the The CAS Panel in the Legkov and a prohibited substance was injected ruling by the Oswald Commission against Zubkov awards then confirmed into the players of a football team athletes whose samples revealed the longstanding CAS case law to rule that all players were subject abnormal and not physiological salt levels accepting the reliance on indirect to the same regime, even in the (except for the length of the sanction); or circumstantial evidence, for absence of any evidence supporting it cancelled the sanctions imposed example in the following cases: that all players were actually injected against athletes where the urine samples with the product. Therefore, the provided in Sochi did not contain • the athlete’s biological passport is Panel sanctioned all players without abnormal salt levels, notwithstanding based on an analysis of blood values; assessing the specific circumstances whether or not there were scratches if such values cannot reasonably of each individual case9. on the bottle or if the athlete’s name be explained by any other cause was mentioned on the Duchess List or than doping practices, the use of a On the contrary, in other awards, the by Dr Rodchenkov in his testimony. prohibited method in the meaning CAS Panel adopted a more “individual of Art. 2.2 WADA Code is deemed approach.” For example, in the case The assessment of evidence proven, even in the absence of WADA & FIFA v. Cyprus Football It is not disputed that the IOC bears the any direct proof of doping6; and Association, Eranosian & al., the Panel burden of proof, i.e. has the burden of • in match-fixing cases, the use of held that one could not infer from the establishing that an anti-doping rule indirect evidence, such as abnormal fact that some players of a football violation has occurred3. The standard betting patterns or analysis of the team were given pills containing a of proof is the ‘comfortable satisfaction’ game may be deemed sufcient prohibited substance by their coach standard provided for under Article 3.1 as evidence of match-fixing7. that the pills given by the same coach WADA Code, i.e. greater than a mere to the other players in the team were balance of probability but less than proof In the case of the Russian athletes, the also prohibited (and that the other beyond reasonable doubt. The CAS CAS did not depart from its practice players also committed an anti-doping Panel here confirmed the CAS case law of accepting indirect evidence. rule violation)10. that the standard is not a variable one, Actually, the CAS sanctioned but that the more serious the allegation, Zubkov and ten other athletes in the It is clear that, in the Legkov award, the more cogent the supporting evidence absence of any direct evidence. the CAS Panel gave less credit than must be in order for the allegation to be the Oswald Commission to the overall proven4. In this respect, the CAS Panel It appears however that the CAS’s circumstances of the case, preferring a in the Legkov and Zubkov cases simply appreciation difered from that of more “individually based” assessment, confirmed previous CAS case law. the IOC’s on three main aspects: requiring the IOC to demonstrate each athlete’s personal involvement in the With respect to the ‘means of proof,’ 1. For the Oswald Commission, the alleged doping scheme. Article 3.2 of the WADA Code provides overall circumstances of the case, i.e.
Load more

Recommended publications
  • Article (Published Version)
    Article The Court of Arbitration for Sport for the XXII Olympic Games BOISSON DE CHAZOURNES, Laurence, COUTURIER, Ségolène Reference BOISSON DE CHAZOURNES, Laurence, COUTURIER, Ségolène. The Court of Arbitration for Sport for the XXII Olympic Games. ASIL Insights, 2018, vol. 22, no. 3 Available at: http://archive-ouverte.unige.ch/unige:105841 Disclaimer: layout of this document may differ from the published version. 1 / 1 The Court of Arbitration for Sport for the XXIII Olympic Games Issue: 3 Volume: 22 By: Laurence Boisson de Chazournes and Ségolène Couturier Date: March 20, 2018 From : https://www.asil.org/insights/volume/22/issue/3/court-arbitration-sport-xxiii-olympic- games With seventeen days of competition, 102 sporting events, 2925 athletes, and 92 nations represented, the XXIII Winter Olympic Games (OG) in PyeongChang, South Korea, were likely to involve disputes. The Court of Arbitration for Sport (CAS) established two special divisions designed to address Olympic competitions, following the practice of previous editions of the OG. The “Ad Hoc Division” addresses sport-related disputes while the “Anti-doping Division” (CAS ADD) adjudicates doping claims. This Insight analyzes the creation and functioning of these Divisions and offers an overview of the decisions issued at the PyeongChang Games. The Divisions in Context In the early 1980s, the increase in international sport-related disputes,[1] coupled with the absence of any special adjudicatory authority, prompted the International Olympic Committee (IOC) to institute an arbitration system. The CAS, a permanent judicial body based in Lausanne, dealt primarily with sport-related issues until its mandate was extended to international anti-doping disputes in 2003 following the adoption of the World Anti-Doping Code.
    [Show full text]
  • The New Sporting Cold War: Implications of the Russian Doping Allegations for International Relations and Sport
    SPORT IN SOCIETY, 2018 https://doi.org/10.1080/17430437.2018.1442194 The new sporting Cold War: implications of the Russian doping allegations for international relations and sport Sergey Altukhova and John Naurightb,c aCentre for Sport Management, Lomonosov Moscow State University, Moscow, Russia; bDepartment of Kinesiology, Health Promotion and Recreation, University of North Texas, Denton, TX, USA; cSport and Event Management Lab, University of North Texas, Denton, TX, USA ABSTRACT This article examines current state of the new sporting cold war in the world of sports. It provides an examination of the 2014–2018 Russian doping scandal. Political and ideological prerequisites that triggered this scandal are considered, and based on obtained observations, an analysis of possible scenarios in the development of events is made as are recommendations for future progress in ending this unnecessary neo-cold war. Introduction The term ‘Cold War’ first appeared and took its place in the system of international relations immediately after the victory of the anti-Hitler coalition over fascism in the Second World War. In most of the existing literature, the start of the Cold War is considered to be the report of Winston Churchill in Fulton on 5 March 1946. Winston Churchill, the Prime Minister of the United Kingdom, believed that if the communist or neo-fascist states had nuclear weap- ons, they would be able to impose totalitarian systems on democratic capitalist countries. He warned everyone against the danger of tyranny and proposed an ‘iron curtain’ around the Union of Soviet Socialist Republics (USSR) and its allies. This idea was continued in the ‘Truman Doctrine’ of USA President Harry Truman announced on 12 March 1947, which proposed the creation of American military bases in the Mediterranean Sea to assist Greece and Turkey.
    [Show full text]
  • Costa Navarino
    To the INTERNATIONAL SKI FEDERATION - Members of the FIS Council Blochstrasse 2 - National Ski Associations 3653 Oberhofen/Thunersee - Committee Chairladies/Chairmen Switzerland Tel +41 33 244 61 61 Fax +41 33 244 61 71 Oberhofen, 22nd May 2018 Short Summary FIS Council Meetings, 13th to 19th May 2018, Costa Navarino (GRE) Dear Mr. President, Dear Ski Friends, In accordance with art. 32.2 of the FIS Statutes we have pleasure in sending you today the Short Summary of the most important decisions of the FIS Council Meetings that took place in conjunction with the 51st International Ski Congress Costa Navarino (GRE). The main areas addressed during the Meetings of the Council in Costa Navarino were the review of the Congress Book of the 51st International Ski Congress, discussion of the proposals of the National Ski Associations and Technical Committees, as well as the nomination of the FIS Committees for the period 2018 - 2020. The following “short summary of decisions” is in principle limited to Council decisions not directly related to the Congress Agenda. 1. Members present a) The following Council Members were present at the Meetings in Costa Navarino 13th to 17th May 2018: President Gian Franco Kasper, Vice-Presidents Janez Kocijancic, Aki Murasato, Dexter Paine and Sverre Seeberg. Members: Mats Årjes, Andrey Bokarev, Dean Gosper, Alfons Hörmann, Roman Kumpost, Flavio Roda, Eduardo Roldan, Peter Schröcksnadel, Patrick Smith, Martti Uusitalo, Michel Vion, Athletes’ Commission representative Jessica Lindell-Vikarby and the Secretary General Sarah Lewis. Honorary Member: Milan Jirasek b) At the first Meeting of the newly-elected Council for the period 2018 - 2020 on 19th May 2018, the following Members were present: President: Gian Franco Kasper Members: Mats Årjes, Steve Dong Yang, Dean Gosper, Alfons Hörmann, Janez Kocijancic, Roman Kumpost, Aki Murasato, Flavio Roda, Erik Roeste, Peter Schröcksnadel, Patrick Smith, Martti Uusitalo, Eduardo Valenzuela, Michel Vion, Athletes’ Commission representative Konstantin Schad and the Secretary General Sarah Lewis.
    [Show full text]
  • Arbitral Award Court of Arbitration for Sport
    CAS 2017/A/5422 Aleksandr Zubkov v. International Olympic Committee (IOC) ARBITRAL AWARD delivered by the COURT OF ARBITRATION FOR SPORT sitting in the following composition: President: Prof. Dr. Christoph Vedder, Law Professor in Munich, Germany Arbitrators: Dr. Hamid G. Gharavi, Attorney-at-Law in Paris, France Dr. Dirk-Reiner Martens, Attorney-at-Law in Munich, Germany Ad hoc Clerk: Mr. Edward Craven, Barrister in London, United Kingdom in the arbitration between Aleksandr Zubkov, Russia Represented by Mr. Philippe Bärtsch and Mr. Christopher Boog, Attorneys-at-Law with Schellenberg Wittmer LLP in Geneva, Switzerland Appellant and International Olympic Committee, Switzerland Represented by Mr. Jean-Pierre Morand, Mr. David Casserly, and Mr. Nicolas Français, Attorneys-at-Law with Kellerhals Carrard in Lausanne, Switzerland, and Ms. Tamara Soupiron, Legal Counsel, International Olympic Committee Respondent CAS 2017/A/5422 Aleksandr Zubkov v. International Olympic Committee (IOC) – Page 2 Table of Contents I. Parties ............................................................................................................................. 7 II. Factual Background ...................................................................................................... 7 A. Background Facts ......................................................................................................... 7 1. Facts Common to the Sochi Appeals .......................................................................... 7 a. The Sochi Games and the emergence
    [Show full text]
  • 4969 Evgeniy Belov V
    Tribunal Arbitral du Sport Court of Arbitration for Sport Arbitration CAS 2017/A/4969 Evgeniy Belov v. International Ski Federation (FIS), award of 31 August 2017 (operative part of 29 May 2017) Panel: Prof. Jan Paulsson (France), President; Mr Nicholas Stewart QC (United Kingdom); The Hon. Michael Beloff QC (United Kingdom) Skiing (cross-country skiing) Doping (tampering or attempted tampering with doping control) Burden and standard of proof applicable to the imposition of a Provisional Suspension under the FIS ADR Burden and standard of proof applicable to the lifting of a Provisional Suspension under the FIS ADR Lack of infringement of the athlete’s rights Assessment of the evidence upon which the provisional suspension is based Determination of the length of the provisional suspension 1. Provisional suspensions have a necessarily preliminary character. The burden of proof and legal thresholds applicable must reflect the appealed suspension’s provisional nature and track the rules specific to its imposition. The imposition of a provisional suspension requires a “reasonable possibility” that the suspended athlete has engaged in an anti-doping rule violation (ADRV). A reasonable possibility is more than a fanciful one; it requires evidence giving rise to individualized suspicion. This standard, however, is necessarily weaker than the test of “comfortable satisfaction” set forth in Article 3.1 FIS Anti-Doping Rules (ADR), relating solely to the adjudication of an ADRV. Accordingly, a reasonable possibility may exist even if the federation is unable to show that the balance of probabilities clearly indicates an ADRV on the evidence available. Pursuant to Article 7.9.2 FIS ADR, any ADRV suspected of an athlete can serve as cause for a provisional suspension against him or her, should the federation so decide.
    [Show full text]
  • Affidavit of Dr. Grigory M. Rodchenkov I, Grigory M
    AFFIDAVIT OF DR. GRIGORY M. RODCHENKOV I, GRIGORY M. RODCHENKOV, being duly sworn in accordance with U.S. law, deposes and says as follows: 1. I am an individual witness and the former Director of the World Anti-Doping Agency ("WADA") accredited Moscow Antidoping Centre ("Moscow Lab") in Moscow, Russia. I submit this Affidavit, based upon my personal knowledge, in support of the proceedings before an International Olympic Committee ("IOC") Disciplinary Commission chaired by Samuel Schmid (the "Schmid Commission"). Introduction 2. I am a citizen of the Russian Federation ("Russia"), but left Russia on November 17, 2015. I currently reside in the United States of America. 3. I was born on October 24, 1958. 4. My first language is Russian. However, I am fluent in both written and spoken English. I am not disadvantaged by providing this Affidavit in English. 5. In 1990, I received a Doctorate of Philosophy in Analytical Chemistry from the Moscow Institute of Food Industry. 6. In March 2005, Viacheslav Fetisov, Head of the Federal Agency of Physical Culture and Sports of Russia (in 2012 restructured to the Ministry of Sports), appointed me as the Director of the Moscow Lab. I served as the Director until November 9, 2015. On November 17, 2015, I fled Russia. I left Russia due to threats to my physical security and well-being. 7. In 2014, I served as the Director of the Soehl Lab, which was established by the Local Organizing Committee ("LOC") and the Ministry of Sports for the Sochi Olympic Games. The Soehl Lab was accredited by WADA for use during the 2014 Soehl Winter Olympics and 1 Paralympic Games (officially known as the XXII Olympic Winter Games), which were held in Sochi, Russia, from February 7 to February 23, 2014 (together, the "Sochi Games").
    [Show full text]
  • EL PAÍS 06/12/17 El COI Prohíbe a Rusia Participar En Los Juegos De
    EL PAÍS 06/12/17 El COI prohíbe a Rusia participar en los Juegos de Pyeongchang, pero admite a sus deportistas El comité ejecutivo del COI suspende al Comité Olímpico Ruso, pero no castiga a sus deportistas, que competirán bajo bandera neutral y sin himno. Carlos Arribas El presidente ruso, Vladimir Putin, y su homólogo del COI, Thomas Bach, en marzo de 2014. ALEXEI NIKOLSKY AP Rusia es el primer país que no podrá participar en unos Juegos Olímpicos por dopaje. Así lo han decidido esta tarde en Lausana (Suiza) los 15 miembros del comité ejecutivo del Comité Olímpico Internacional (COI), presidido por el alemán Thomas Bach, que ha decidido que los deportistas rusos solo podrán participar en los próximos Juegos Olímpicos de Invierno de Pyeongchang (Corea del Sur), en febrero de 2018, si lo hacen bajo bandera neutral, sin himno ni elementos distintivos que hagan pensar que compiten por Rusia. Una de las grandes potencias del movimiento olímpico, el nombre de Rusia, cuyo comité olímpico ha sido suspendido, no figurará en el medallero de Pyeongchang. El presidente ruso, Vladimir Putin, que dijo previamente que consideraría una humillación cualquier castigo, no reaccionó inmediatamente a la decisión del COI. Fuentes cercanas al Kremlin señalaron que creían poco probable que Putin llamara a un boicot de los Juegos de Pyeongchang. El COI ha excluido a Vitaly Mutko, viceprimer ministro de su Gobierno, y presidente del Comité Organizador del Mundial de fútbol de Rusia 2018, de su participación en todos los Juegos Olímpicos del futuro. Según la investigación, Mutko, exministro de Deportes ruso, fue el elemento clave en la instauración del método del positivo que desaparece, como McLaren llamó a su técnica para encubrir los análisis de dopaje de sus deportistas dopados.
    [Show full text]
  • Letter, 19 January 2017)
    IOC Honorary President IOC Members IOC Honorary Members Presidents of National Olympic Office of the Director General Committees Presidents of International Federations Lausanne, 23 February 2017 Ref. CDK/MAS/hgr By e-mail only Dear All, The IOC and the Olympic Movement have recently taken a number of actions and initiatives to protect the clean athletes and contribute to the reform of the anti-doping system. Given the sometimes confusing public discussion, I would like to provide you with an update of the current situation. Firstly, firm actions are being taken with regard to the findings of the McLaren Report on doping and manipulation in Russia, which have caused damage to the credibility and integrity of sport. In this respect, the IOC established two Commissions in July 2016: one under the chairmanship of IOC Member Denis Oswald; and another under the chairmanship of the former President of the Swiss Confederation, Samuel Schmid. These two Commissions started work last year, even before the publication of the full and final report by Professor Richard McLaren in December last year. The Oswald Commission is examining the evidence against individual Russian athletes and their entourage who may have committed an Anti-Doping Rule Violation (ADRV) at the Olympic Winter Games Sochi 2014. In a preventive perspective the IOC has already initiated disciplinary procedures against 28 Russian Olympic athletes. All the other athletes mentioned in the McLaren Report who did not take part in the Olympic Winter Games are of course under the exclusive authority of the International Federations. The IOC greatly appreciates the work of the IFs with regard to these cases, for which we have neither the information nor any kind of authority to prosecute.
    [Show full text]
  • Ways to Improve and Strengthen the International Anti-Doping System
    WAYS TO IMPROVE AND STRENGTHEN THE INTERNATIONAL ANTI-DOPING SYSTEM HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON ENERGY AND COMMERCE HOUSE OF REPRESENTATIVES ONE HUNDRED FIFTEENTH CONGRESS FIRST SESSION FEBRUARY 28, 2017 Serial No. 115–9 ( Printed for the use of the Committee on Energy and Commerce energycommerce.house.gov U.S. GOVERNMENT PUBLISHING OFFICE 25–165 PDF WASHINGTON : 2017 For sale by the Superintendent of Documents, U.S. Government Publishing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 VerDate Mar 15 2010 10:03 May 16, 2017 Jkt 037690 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 I:\115THCONGRESS\115X9ANTIDOPINGASKOK050417\115X9ANTIDOPINGPENDING W COMMITTEE ON ENERGY AND COMMERCE GREG WALDEN, Oregon Chairman JOE BARTON, Texas FRANK PALLONE, JR., New Jersey Vice Chairman Ranking Member FRED UPTON, Michigan BOBBY L. RUSH, Illinois JOHN SHIMKUS, Illinois ANNA G. ESHOO, California TIM MURPHY, Pennsylvania ELIOT L. ENGEL, New York MICHAEL C. BURGESS, Texas GENE GREEN, Texas MARSHA BLACKBURN, Tennessee DIANA DEGETTE, Colorado STEVE SCALISE, Louisiana MICHAEL F. DOYLE, Pennsylvania ROBERT E. LATTA, Ohio JANICE D. SCHAKOWSKY, Illinois CATHY MCMORRIS RODGERS, Washington G.K. BUTTERFIELD, North Carolina GREGG HARPER, Mississippi DORIS O. MATSUI, California LEONARD LANCE, New Jersey KATHY CASTOR, Florida BRETT GUTHRIE, Kentucky JOHN P. SARBANES, Maryland PETE OLSON, Texas JERRY MCNERNEY, California DAVID B. MCKINLEY, West Virginia PETER WELCH, Vermont ADAM KINZINGER, Illinois BEN RAY LUJA´ N, New Mexico H. MORGAN GRIFFITH, Virginia PAUL TONKO, New York GUS M.
    [Show full text]
  • Progress of the Anti-Doping System in Light of the Russian Doping Crisis
    PROGRESS OF THE ANTI-DOPING SYSTEM IN LIGHT OF THE RUSSIAN DOPING CRISIS INTRODUCTION Without question, the Russian doping scandal was very disruptive for WADA, anti-doping and its stakeholders. The revelations from WADA’s independent investigations, and the actions taken by the Agency and others, resulted in very public challenges for anti-doping that influenced the confidence and trust that athletes and others have in the Anti-Doping System. It is WADA Management’s view that, throughout and still today, WADA demonstrated its resilience by listening and being guided by its stakeholders; taking action; adapting; and, ultimately, growing from the disruption. In fact, we believe that today, WADA is much stronger and better equipped to pursue its mission as the global independent Leader of Clean Sport. For the purpose of this discussion, WADA Management has carefully assessed the Russian Doping Crisis from a global perspective; and we: A. outline below an Analysis of the Main Issues that prevented smoother resolution of the crisis; B. outline below a summary of WADA’s Actions in Light of these Issues that have led to a Strengthened Anti-Doping System; C. outline Additional Measures taken by WADA; and D. append a detailed Chronology of the Relevant Events, Actions and Reactions. A. ANALYSIS OF THE MAIN ISSUES In chronological order, we believe the Main Issues that prevented smoother resolution of the Russian Doping Crisis to be the following: 1. The cheating in Russia was encouraged, organized, and protected and thus not detected; 2. The Moscow and Sochi Laboratories were institutionally controlled, protected and thus the cheating was not detected; 3.
    [Show full text]
  • Athletes of Olympic Games 2018 Fax +492342393320
    Wieschemann Rechtsanwälte ∙ Harpener Hellweg 89 ∙ 44805 Bochum Christof Wieschemann Rechtsanwalt Peter Hasenbein Rechtsanwalt Open letter to Harpener Hellweg 89 44805 Bochum, Phone +49234239330 Athletes of Olympic Games 2018 Fax +492342393320 [email protected] www.wieschemann.eu Bochum, 28 February 2018 AZ. / WIE Dear Olympians, I´m a German lawyer and legal scientist, specialized in sports law and international arbitration since 1997 and one of the lawyers who represented Russian athletes at Court of Arbitration for Sport in Lausanne in connection with the allegations of Dr Rodchenkov regarding Olympic Games Sochi 2014. The Olymoic Games PyeongChang 2018 are just finished and I hope you enjoyed your attendance. I hope you were successful and you were happy about your medal. However, if so, I´m sorry for you that the triumph will be never complete. I wish for you that you won against the best athletes from Russia. But now you will never know if you would have achieved the medal against Viktor Ahn, Anton Shipulin, Sergey Ustiugov or Alexander Legkov for example. You will have to live with the fact that the Olympic Games 2018 were irregular. You have been cheated of the pure and complete victory and you are a victim of the unprecedented attack on the integrity of the Olympic Games. You may believe that the attack came from Russian Athletes in the past and your Russian opponents were absent to protect you as a clean athlete. That´s what the International Olympic Committee and WADA want to make you believe. The truth is different. 1 IOC and WADA don´t care about clean athletes, the even don´t care about the interests of athletes.
    [Show full text]
  • IOC Suspends the Russian Olympic Committee but May Permit Russian Athletes to Participate in 2018 Olympics
    ALERT MEMORANDUM The International Olympic Committee Suspends The Russian Olympic Committee But May Permit Russian Athletes To Participate In The 2018 PyeongChang Olympic Games If you have any questions concerning December 11, 2017 this memorandum, please reach out to your regular firm contact or the On December 5, 2017, the International Olympic following authors. Committee (“IOC”) Executive Board issued a sweeping decision suspending the Russian Olympic Christopher P. Moore Committee (“ROC”), among others, and imposed +44 20 7614 2227 “strict conditions” on the participation of Russian [email protected] athletes in the 2018 PyeongChang Winter Olympic Murat N. Akuyev +7 495 660 8540 Games (“2018 PyeongChang Games”). The decision is [email protected] the IOC’s most recent response to an alleged doping Jeffrey A. Rosenthal +1 212 225 2086 scheme directed by the Russian Ministry of Sport, with [email protected] support from the Russian Federal Security Service, Rikki S. Stern +44 20 7614 2383 Center of Sports Preparation of National Teams of [email protected] Russia and laboratories in Moscow and Sochi accredited by the World Anti-Doping Agency (“WADA”). clearygottlieb.com © Cleary Gottlieb Steen & Hamilton LLP, 2017. All rights reserved. This memorandum was prepared as a service to clients and other friends of Cleary Gottlieb to report on recent developments that may be of interest to them. The information in it is therefore general, and should not be considered or relied on as legal advice. Throughout this memorandum, “Cleary Gottlieb” and the “firm” refer to Cleary Gottlieb Steen & Hamilton LLP and its affiliated entities in certain jurisdictions, and the term “offices” includes offices of those affiliated entities.
    [Show full text]