International Olympic Committee Mr. Thomas Bach (IOC) President of the International Olympic Committee Executive Board of the International Olympic Committee Athletes’ commission of the International Olympic Committee Château de Vidy - C.P. 356-CH-1007 Lausanne/Switzerland Tel. + 41 21 621 61 11 Fax + 41 21 621 62 16 www.olympic.org

Athletes: Volha Mazuronak (Athletics) Darya Barysevich (Athletics) Sviatlana Kudzelich (Athletics) Andrei Krauchanka (Athletics) Dzmitry Shershan (Judo) Aliaksandr Vakhaviak (Judo) Belarusian Sport Solidarity Foundation

Concerned parties: National Olympic Committee of the Republic of

November 26, 2020 Request on determination of the Olympic Charter violation by the NOC Belarus

1. On October 5 2020, the initiative group of the Belarus Athletes Free Union «SOS_BY» sent the statement to the International Olympic Committee (“the IOC”) on the violations of the Olympic Charter by the National Olympic Committee of the Republic of Belarus (“the NOC Belarus”). 2. With regard to the statement, the stated initiative group additionally informs the IOC on the factual and legal background of the NOC Belarus violations.

1 I. Factual background 3. Since the presidential election in Belarus the representatives of Belarusian sports community have condemned severe breaches of law committed by the Belarusian authorities. More than 1200 athletes and representatives of Belarusian sports community have signed an open public appeal to Belarusian authorities demanding stop the violations, including severe violence, and restitute the violated rights (“the Open Letter”).1 Consequently, the authorities have been punishing stated representatives for expressing their civic stance. 4. The Belarusian sports authorities repressed more than 65 athletes and sports officials, including those athletes who have qualified for the Tokyo 2020 and those who have all chances to be qualified. With this Request, we draw your attention to 6 cases of top-level athletes discrimination: Volha Mazuronak, Sviatlana Kudzelich, Andrey Kravchenko, Darya Barysevich, Dzmitry Shershan, and Aliaksandr Vakhaviak (“the Athlete(s)”).

Volha Mazuronak 5. Volha Mazuronak, is an Olympian Belarusian athlete, long-distance and runner. Volha Mazuronak is a top-level athlete: 2018 European champion in athletics, 5th place at the Rio 2016 Olympic Games, 5th place at the 2019 IAAF Championships, national record holder in marathon and , winner of multiple international tournaments. She has already qualified for the Tokyo 2020 Olympic Games.2 6. As an athlete, Volha Mazuronak is adhered to the Olympic Charter and cannot but have signed the Open Letter meant to condemn the violence. Consequently, the authorities have taken following unlawful measures against the Athlete. 7. The officials of the Ministry of Sports and Tourism of the Republic of Belarus (“the Ministry of Sport”) held different kinds of conversations and meetings with the Athlete trying to convince her to withdraw her signature on the Open Letter. The main argument was that the sports future of Volha Mazuronak would be under the question if she continued to express her condemnation of discrimination, violence, human rights violations.3

1 See the attached copy of the Open Letter. 2 The first result at Standard Chartered 2019. 3 All warnings of the Ministry of Sport were of oral form. Mr. Sergey Kovalchuk, Minister of Sports and Tourism, refused to set the meeting with V. Mazuronak. Mr Aliaksandr Baraulia, Deputy Minister of Sports and Tourism, and Mr. Mikhail Prokopenko, Head of the National Teams Department, were the officials who set so-called “preventive conversations”. Herewith, Mr. Mikhail Prokopenko laid it straight that Volha Mazuronak had all these problems with training opportunities because of the fact that she had signed the Open Letter.

2 8. Despite stated threats, Volha Mazuronak did not change her position and did not withdraw her signature on the Open Letter. 9. Volha Mazuronak officially serves as an athlete-instructor in rank of lieutenant in Sports Committee of the Ministry of Defense of the Republic of Belarus (“the Ministry of Defense”). The Ministry of Defense has neither training opportunities nor mandate to prepare its military servants to international sports competitions.4 As a result, the Ministry of Defense assigned Volha Mazuronak to the Ministry of Sport for sports training purposes.5 10. Taking into account the fact that the Athlete is a military servant, and after V. Mazuronak’s refusal to withdraw the signature, the Ministry of Sport announced to the Ministry of Defense that Volha Mazuronak is not officially an athlete within the Ministry of Sport system and the Ministry of Defense should revoke her back to the military forces. As a result, the Minister of Sports and Tourism and Minister of Defense signed the order on the Athlete’s recall. 11. Along with application of unfounded recall, the Ministry of Sport withdrew the Presidential scholarship from Mazuronak. Within Belarusian legislation, Volha Mazuronak is entitled to Presidential scholarship on the grounds of outstanding sporting achievements: the 5th place at 2019 IAAF World Athletics Championships; the 1st place at 2018 European Athletics Championships.6

4 According to the provision 7.45 of the Regulation on the Ministry of Defense entered into force with Decree of the President of the Republic of Belarus dated 07.12.2006 No 719, the Ministry of Defense has the right to regulate only the activities of Ministry of Defense teams. At the same time, the Ministry of Sport has the exclusive right to set, control and carry out the process of the national teams’ formation and preparation for competitions. Thus, under the provision 5 of the Regulation on Sports and Tourism Ministry of the Republic of Belarus entered into force with the Regulation of the Council of the Republic of Belarus dated 29.07.2006 No 963 “Issues of the Sports and Tourism Ministry of the Republic of Belarus” (“the Regulation on the Ministry of Sport”), one of the main purposes of the Ministry of Sport activities is: “[…] to supervise the preparation of the sports reserve, top-level athletes, including the coordination of the organization of the educational and training process in order to prepare the sports reserve, top-level athletes in organizations of various types (types), regardless of departmental affiliation and forms of ownership […]”. In accordance with provision 6.8 of the Regulation on the Ministry of Sport, the Ministry of Sport sets the rules on the procedure of national teams’ formation and exclusion from such teams. Herewith, provision 6.12 of the Regulation on the Ministry of Sport determines that the Ministry of Sport is responsible for formation of national teams, their trainings and preparation to participation in international sports competitions. 5 In Belarus, it is a common practice to assign top-level athletes from the Ministry of Defense to the Ministry of Sport for sports trainings. 6 The Regulation on the process of granting of individual Presidential scholarships entered into force with the Decree of the President of the Republic of Belarus dated 15.04.2013 No 190 (“the Regulation on Presidential Scholarships”) that establishes the procedure of Presidential scholarships issuance. Under the provision 12 of the Regulation on Presidential scholarships, the criteria for scholarships issuance are the high sporting performance of athletes. At the same time the withdrawal of the scholarships could be applied in case of decrease in athletes’ results

3 12. The described facts result in the conclusion that Volha Mazuronak’s recall and discontinuance of Presidential scholarship are the punishment set by the Ministry of Sport for the Athlete who openly expresses her civic position. As a result, now the Athlete is lack of any technical and medical support relevant for the due trainings 13. That being said, the Ministry of Sport severely violated Volha Mazuronak’s right to engage in sport. The NOC Belarus has not taken any actions to investigate the stated case and protect the Athletes’ right to engage in sport granted at national and international levels by the Olympic Charter.

Darya Barysevich 14. Darya Barysevich is a middle-distance runner, silver medalist of the 2017 World Championships, silver medalist of the European Games. She has already qualified for the Tokyo 2020 Olympic Games.7 15. Darya Barysevich is an instructor in sports of Border Service. The State Border Committee of the Republic of Belarus (“the State Border Committee”) is not entitled to prepare athletes for international sports competitions. 8 As a result, the stated committee assigned Darya Barysevich to the Ministry of Sport for the training purposes. 16. After the Athlete signed the Open Letter, the Belarusian sports authorities took the following measure to influence Athlete’s civic position. 17. Michail Partny, the Deputy Minister of Sports and Tourism, unofficially called to the State Border Committee to ask for Darya Barysevich's recall. As a result, the State Border Committee recalled Darya Barysevich back to service. In its turn, the Ministry of Sport signed such a recall on September 19, 2020 and stated the general non-sufficient reason for it: “to perform sports instructor’s duties”. 18. There were several unofficial preventive conversations with the Athlete held by the Belarussian sports authorities. During such conversations, the stated authorities said: “it would be better for the Athlete to withdraw the signature” and “the withdrawal of Athlete’s signature would be better for junior colleagues in sport”. 19. Darya Barysevich refused to change her civic position. As a result, now she is lack of any technical and medical support relevant for the due trainings. Thus, the military agencies do not have the right to train the Athlete and to provide her with necessary support. Moreover, while the Athlete perform military service due to strict regulation, she does not have the opportunity to follow to the trainings plan. The Ministry of Sport deprives

and (or) crime commitment, and (or) athletes’ refusal from trainings and competitions’ participation (provision 19 of the Regulation on Presidential scholarships). 7 The 10th result at London Diamond League 2019. 8 The Regulation on the State Border Committee entered into force with the Decree of the President of the Republic of Belarus dated 25.09.2007 No 448 “On the issues of border service” does not empower it to form and prepare national teams to international sports competitions.

4 the Athlete’s right to take participation in training camps, which are of high importance for athletes within the training process. 20. The Ministry of Sport severely violated Darya Barysevich’s right to engage in sport. The NOC Belarus has not taken any actions to protect the Athletes’ right to engage in sport.

Sviatlana Kudzelich 21. Sviatlana Kudzelich is a two-time Olympian Belarusian long-distance runner who specializes in steeplechase. Kudzelich is an international-level athlete with high level sporting achievements: silver medalist of the 2015 European Athletics Indoor Championships in the women’s 3000m, multiple times champion of Belarus, national indoor record holder in 3000m, two times Olympian. 22. Once Sviatlana Kudzelich signed the Open Letter, the Belarusian sports authorities took the following violent actions for Athlete’s signature withdrawing. 23. Sviatlana Kudzelich was among the group of athletes with whom Mr. Sergey Kovalchuk, Minister of Sports and Tourism, talked on the signature withdrawal issue. Thus, the Minister of Sports and Tourism said that news on violence was fake and the athletes should keep silence and did not show off. 24. Aliaksandr Baraulia, the Deputy Minister of Sports and Tourism, made another attempt to convince athletes to withdraw their signatures. None of the stated attempts could convince Sviatlana Kudzelich to change her mind. 25. Sviatlana Kudzelich was a specialist on professional training and sport of the Ministry of Emergency Situations of the Republic of Belarus (“Ministry of Emergency Situations”). Since the Ministry of Emergency Situations does not have authority to prepare athletes for international sports competitions, the stated ministry assigned Sviatlana Kudzelich to the Ministry of Sport for the training purposes.9 26. On September 16, 2020, the Ministry of Sport issued the recall of Sviatlana Kudzelich back to the Ministry of Emergency Situations. The Ministry of Sport did not state any specific ground for the recall: the stated ground was recall for the institutional measures implementation for the 21.09.2020-28.09.2020 period. 27. Trying to influence Sviatlana Kudzelich’s civic position, the Belarussian sports authorities hold several conversations with Igor Zhavoronok, a coach and a husband of the Athlete. Thus, the sports officials set that Igor Zhavoronok “should influence his wife,

9 The Regulation on the Ministry of Emergency Situations entered into force with the Decree of the Republic of Belarus dated of 29.12.2006 No 736 does not empower it to form and prepare national teams to international sports competitions.

5 Sviatlana Kudzelich, to withdraw her signature” and withdraw his own signature as well.10 28. On September 22, 2020, the official of the Department of Ideological Work of the Ministry of Emergency Situations called Sviatlana Kudzelich and asked her to sign a report on her voluntary resignation. Under the pressure, Sviatlana Kudzelich signed the report. However, at the end of this call Sviatlana Kudzelich refused to resign voluntary and asked her report back. In breach of the Labour Code, the official refused to return the report back. 29. Consequently, the Ministry of Sport violated Sviatlana Kudzelich’s right to engage in sport. Thus, the Ministry of Sport assigned the Athlete back to the Ministry of Emergency Situations where there are no training opportunities. Herewith the Ministry of Sport excluded Sviatlana Kudzelich from the Belarusian team application list to the 2020 World Athletics Half Marathon Championships. The NOC Belarus took no action to protect Sviatlana Kudzelich’s right to engage in sport.

Andrei Krauchanka 30. Andrei Krauchanka is a silver medalist in athletics of the 2008 Olympic Games, two times silver medalist of the World Athletics Championships, European champion.11 31. Athlete served as an officer in the rank of major of the State Security Committee of the Republic of Belarus (“the State Security Committee”). The State Security Committee does not have authorities to prepare national teams to international sports competitions. 12 As a result, the State Security Committee assigned Andrei Krauchanka to the Ministry of Sport for the training purposes. 32. Andrei Krauchanka is the first Athlete who signed the Open Letter. After Krauchanka signed the Open Letter, The Ministry of Sport signed the recall of Andrey Kravchenko back to the State Security Committee. Since the State Security Committee is not entitled to prepare athletes, after the recall Andrei Krauchanka lost the training opportunities. 33. The civic position of Andrei Krauchanka was not in line with the policy of the State Security Committee: the senior officers of the State Security Committee stated that “there are questions on his position”. Consequently, Andrei Krauchanka had to discharge the

10 Igor Zhavoronok refused to withdraw his signature as well as to influence Sviatlana Kudzelich’s decision on condemnation of violence. As a result, the Belarussian sport officials refused to prolong the coach contract with Igor Zhavoronok without any sufficient reason. 11 Andrei Krauchanka is one of the leaders at the Belarus National Team. The planned competition for qualification is the earliest competition to be held under COVID circumstances. 12 The Regulation on the State Security Committee of the Republic of Belarus entered into force with the Decree of the Republic of Belarus dated of 27.11.2008 No 647.

6 State Security Committee. On the ground of the stated discharge, the Ministry of Sport excluded Andrei Krauchanka from Belarus National Team.13 34. Despite the fact that Andrei Krauchanka fell out of the state sport system and could not represent Belarus anymore, the Ministry of Sport tried to force the Athlete to change his civic position. Thus, Michail Partny, the Deputy Minister of Sports and Tourism, accompanied by two judo athletes14 came at Athlete’s place and asked Andrey Kravchenko for a talk. During the talk, Michail Partny stressed that the Athlete “had the last chance” and “he should bear in mind that he had a wife and a daughter”.15 35. The Ministry of Sport severely violated Andrei Krauchanka’s right to engage in sport; and the NOC Belarus has not taken any actions to protect the Athlete.

Dzmitry Shershan 36. Dzmitry Shershan is an Olympian Belarussian judo athlete, two-time medalist of the European championships, multiple winner and medalist of the Grand Prix series tournaments, Grand Slam winner, world ranked 3 in 2015, represented Belarus at the Rio 2016 Olympic Games.16 37. Dzmitry Shershan served at the State Border Committee in the rank of lieutenant. Since the State Border Committee does not have authorities to prepare national teams to international sports competitions, 17 the stated Committee assigned the Athlete to the Ministry of Sport for the training purposes. 38. After Dzmitry Shershan signed the Open Letter, Michail Partny, the Deputy Minister of Sports and Tourism, unofficially called to the State Border Committee to ask for the Athlete’s recall. As a result, the State Border Committee recalled Dzmitry Shersah back to service. In its turn, the Ministry of Sport signed such a recall on September 19, 2020 and stated the general non-sufficient reason for it: “to perform sports instructor’s duties”. 39. The Belarussian sports authorities held several preventive conversations with the Athlete trying to convince him to withdraw the signature. Dzmitry Shershan rejected to change

13 Under the provision 8 of the Decree of the President of the Republic of Belarus dated of 09.09.2019 “On national sports teams”, the termination of the contract is a ground for exclusion from a national team. 14 Ruslan Sharapov and Yury Rybak. 15 Andrei Krauchanka was detained and sentenced to 15 days of imprisonment on discrimination grounds: the Athlete enjoyed his right to express his condemnation of violence. Since there were inappropriate conditions at prison, Andrei Krauchanka got sick with COVID. This circumstance is aggravating for trainings process to the Tokyo 2020 Olympic Games. The NOC did nothing to help the Athlete in this case as well. 16 Dzmitry Shershan is ranked 1st in his weight class within the Belarus National Team. The planned competition for qualification for the Tokyo 2020 Olympic Games is the earliest competition to be held under COVID circumstances, i.e. Masters 2021. Dzmitry Shershan has strong chances to qualify for the Tokyo 2020 Olympic Games since there are less than 300 points left to qualification. To score less than 300 points Dzmitry Shershan should win not more than two-three combats. 17 See nota 8 of the Request.

7 his position. As a result, the Ministry of Sport did not approve Dzmitry Shershan as the athlete of Belarus National Team, i.e the Athlete was not included in the list and from January 2021 he will be excluded from the stated team. Consequently, Dzmitry Shershan is deprived of training opportunities without a chance to proceed trainings in 2021 and prepare for the qualification events for the Tokyo 2020 Olympic Games. 40. The Ministry of Sport severely violated Dzmitry Shershan’s right to engage in sport; and the NOC Belarus has not taken any actions to protect the Athletes.

Aliaksandr Vakhaviak 41. Aliaksandr Vakhaviak is a judo athlete, multiple times medalist of the World Cup, Gran Prix and other international tournaments, medalist of the world and European championships in sambo.18 42. Aliaksandr Vakhaviak served at the Department of Conservation of the Ministry of Internal Affairs (“the Ministry of Internal Affairs”). The Ministry of Internal Affairs does not have authorities to prepare national teams to international sports competitions. 19 As a result, the Ministry of Internal Affairs assigned Aliaksandr Vakhaviak to the Ministry of Sport for the training purposes. 43. After Aliaksandr Vakhaviak signed the Open Letter, the Ministry of Internal Affairs recalled the Athlete back. The Ministry of Sport signed the relevant recall with no objections. Since the Ministry of Internal Affairs is not entitled to prepare athletes, after the recall Aliaksandr Vakhaviak deprived of training opportunities. 44. The officials of the Ministry of Sport held several preventive conversations with the Athlete trying to convince him to withdraw the signature. The officials stated: “withdraw your signature and everything is going to be good. The Olympic Games is your chance; and with the signature, you ruin your future”. 45. Aliaksandr Vakhaviak did not change his civic position. Consequently, the Athlete is not in the Belarus National Team from January 2021. The Department of Conservation of the Ministry of the Internal Affairs dismissed the Athlete. 46. The Ministry of Sport severely violated Aliaksandr Vakhaviak’s right to engage in sport; and the NOC Belarus has not taken any actions to protect the Athletes.

18 Aliaksandr Vakhaviak is ranked 1st in his weight class within the Belarus National Team. The planned competition for qualification for the Tokyo 2020 Olympic Games is the earliest competition to be held under COVID circumstances, i.e. Masters 2021. Aliaksandr Vakhaviak has strong chances to the Tokyo 2020 Olympic Games since there are only 500 points left to qualification. To score 500 points Aliaksandr Vakhaviak should either win a medal place at one relevant competition or take 5-7 place at two relevant competitions. 19 The Regulation on the Ministry of Internal Affairs of the Republic of Belarus entered into force with the Decree of the Republic of Belarus dated of 04.12.2007 No 611 does not empower the stated Ministry to prepare athletes.

8

II. Legal Reasoning 47. The NOC Belarus discredited the Olympism with its reluctance to react on the cases of Athletes’ rights infringements. Thus, the NOC Belarus severely violated the Olympic Charter regarding the principle of non-discrimination and athletes’ rights adherence and principle of good governance.

NOC Belarus violated principle of non- discrimination and athletes’ rights adherence 48. As described in part I of the present Request, the Athletes have outstanding sporting achievements. All of them have real opportunities to win medals at the relevant international sports competitions, including the Olympic Games.20 49. The Athletes have stood against the violence and severe violations of human rights. With this, the Athletes have proved themselves as athletes adhered to the fundamental principles of the Olympic Charter: respect for universal fundamental ethical principles21 and preservation of human dignity.22 50. Thus, the Athletes are not only the athletes with outstanding sporting achievements, but also the athletes who serve as an example to the sporting youth of their country: the Athletes have strong adherence to universal fundamental ethical principles and participate in different kinds of social events promoting the Olympic values.23

20 The Athletes suppose that their medals and achievements in sport are satisfactory evidence of being top level athletes. In any case, if the IOC considers it is crucial to provide additional evidence, the Athletes are ready to provide the IOC with the assessments of the Athletes’ sporting performance prepared by their coaches. 21 The provision 1 of the “Fundamental Principles of Olympism” Rule of the Olympic Charter. 22 The provision 2 of the “Fundamental Principles of Olympism” Rule of the Olympic Charter. 23 The bye-law to Rules 27 and 28 of the Olympic Charter states that athlete’s selection to the Olympic Games “shall be based not only on the sports performance of an athlete, but also on his ability to serve as an example to the sporting youth of his country”. Volha Mazuronak was a running ambassador of the communications service provider A1 (Belarus) within a charity event “100 hours with A1”: A1 conversed miles of participants to money equivalent and addressed the money to the Republican Clinical Centre of Children’s Medical Palliative Care. The Athlete was also an ambassador of the 2nd European Games 2019: within her mission Volha Mazuronak promoted sport and Olympic values. Volha Mazuronak maintains close contact with the young Belarusian athletes helping with advice and participating in master classes. Darya Barysevich is a supporter of the International Children’s Charity Foundation “Chance”. Darya Barysevich maintains close contact with the young Belarusian athletes helping with advice and participating in master classes. Andrei Krauchanka maintains close contact with the youth and adult amateurs of the athletics: the Athlete participates in the organization of trainings and provides advising and possible technical support.

9 51. Under the provision 2 of the “Composition and general organization of the Olympic Movement” Rule 1 of the Olympic Charter, the NOC Belarus is the main constituent of Olympic Movement in Belarus. Consequently, the Olympic Charter is binding for the NOC Belarus.24 52. The provision 3 of the Rule 1 of the Olympic Charter restricts that athletes’ interests constitute a fundamental element of the Olympic Movement’s action. Herewith according to the provisions 4 and 6 of the “Fundamental Principles of Olympism” Rule of the Olympic Charter, “[…] every individual must have the possibility of practising sport, without discrimination of any kind […]” and “[…] enjoyment of the right and freedoms set forth in the Olympic Charter without discrimination of any kind […]”. 53. The mission of the NOC Belarus is to develop, promote and protect the Olympic Movement in Belarus, in accordance with the Olympic Charter.25 For this under the provision 2 “Mission and role of the NOCs” Rule of the Olympic Charter, the NOC Belarus is obliged: “[…] 2.1 to promote the fundamental principles and values of Olympism in their countries, […]; 2.2 to ensure the observance of the Olympic Charter in their countries; […] 2.3. to encourage the development of high-performance sport as well as sport for all […] 2.5 to take action against any form of discrimination and violence in sport; […]”. 54. The NOC Belarus did not investigate any case of the Athletes’ right to engage in sport violations. Described cases of the Athletes’ discrimination on the criterion of the expression of their personal civic stance has nothing to do with the sports regulation of the athletes’ admission to the preparation and participation in sports competitions. 55. Exclusion of the Athletes from the national teams and denial of training opportunities are the severe breaches of the Athletes’ rights. Since the NOC Belarus did nothing to protect the Athletes from the stated discrimination, the NOC Belarus violated the Olympic

Sviatlana Kudzelich maintains close contact with the youth and adult amateurs of the athletics: the Athlete participates in the organization of trainings and provides advising and possible technical support. Dzmitry Shershan maintains close contact with the young Belarusian athletes helping with advice and participating. The Athlete takes participation in master classes for athletes, including those held at sports clubs of Novopolotsk, his native town. Aliaksandr Vakhaviak takes active participation in trainings of young athletes at the judo sports club run by Maryna Slutskaya, European gold medalist. Aliaksandr Vakhaviak maintains close contact with the young Belarusian athletes helping with advice and participating in master classes. 24 The provision 4 of the “Composition and general organization of the Olympic Movement” Rule of the Olympic Charter. 25 The provision 1 of the “Mission and role of the NOCs” Rule of the Olympic Charter.

10 Charter with regard to NOC’s obligations to ensure Olympic principles abidance and athletes’ rights adherence.

NOC Belarus violated principle of good governance 56. The provision 5 of the “Fundamental Principles of Olympism” Rule of the Olympic Charter states that sports organisations are politically neutral and free from any outside influence and the responsibility for ensuring that principles of good governance be applied: “Recognizing that sport occurs within the framework of society, sports organizations within the Olympic Movement shall apply political neutrality. They have the rights and obligations of autonomy, which include freely establishing and controlling the rules of sport, determining the structure and governance of their organizations, enjoying the right of elections free from any outside influence and the responsibility for ensuring that principles of good governance be applied” 57. The provisions 5 and 6 of the “Mission and role of the NOCs” Rule of the Olympic Charter restricts that: “5. In order to fulfil their mission, the NOCs may cooperate with governmental bodies, with which they shall achieve harmonious relations. However, they shall not associate themselves with any activity which would be in contradiction with the Olympic Charter. The NOCs may also cooperate with non-governmental bodies. 6. The NOCs must preserve their autonomy and resist all pressures of any kind, including but not limited to political, legal, religious or economic pressures which may prevent them from complying with the Olympic Charter.” 58. The principle 7.3 determined with the Basic Universal Principles of Good Governance of the Olympic and Sports Movement details the principles on establishment of relations with governments: “7.3 Maintain and preserve the autonomy of sport The right balance between governments, the Olympic Movement and sporting organizations should be ensured.” 59. The President of the NOC Belarus is Aleksandr Lukashenko, the President of the Republic of Belarus. The First Vice-President of the NOC Belarus is Viktor Lukashenko, the son of Aleksandr Lukashenko, Assistant to the President of the Republic of Belarus on National Security, member of the Security Council. 60. Thus, the key positions of the governance of the NOC Belarus are taken by the high- ranking officials of the Belarusian authorities who are the very persons involved in human rights violations, including athletes’ discrimination.

11 61. As a result, the NOC Belarus failed to comply with its good governance obligations. Represented with the governmental officials the NOC Belarus do nothing to ensure Athletes’ rights and Olympic Charter regulation. 62. Additionally, the Athletes inform the IOC that the NOC Belarus negligence on the Olympic Charter compliance is greater that the descried cases in the Request. Thus, the NOC Belarus did not investigate any of 67 discrimination cases of subjects to the Olympic Charter.26

IOC authority to restrain the NOC Belarus rights and powers 63. The “Olympic Movement” Rule of the Olympic Charter establishes the mission and the role of the IOC. Thus, the mission of the IOC is “to promote Olympism throughout the world and to lead the Olympic Movement”.27 At the same time, the IOC’s role is: “1. to encourage and support the promotion of ethics and good governance in sport as well as education of youth through sport and to dedicate its efforts to ensuring that, in sport, the spirit of fair play prevails and violence is banned; […] 5. to take action to strengthen the unity of the Olympic Movement, to protect its independence, to maintain and promote its political neutrality and to preserve the autonomy of sport; 6. to act against any form of discrimination affecting the Olympic Movement; […] 11. to oppose any political or commercial abuse of sport and athletes; […] 18. to promote safe sport and the protection of athletes from all forms of harassment and abuse.” 64. Therefore, the IOC is a superior authority on the Athletes’ rights protection from the occurred discrimination. 65. The provision 5 of the “Olympic Movement” Rule of the Olympic Charter lays down the Olympic solidarity concept according to which the IOC assists to NOCs including the financial help Under the provision 7 of the stated Rule “the IOC is responsible for enhancing the values of the Olympic Movement and for providing material support in the efforts to organise and disseminate the Olympic Games, and supporting the IFs, NOCs and athletes in their preparations for the Olympic Games”.

26 The Athletes provided the IOC with the case description of discrimination of subjects to the Olympic Charter (see attached to the Request). The Athletes stressed that the scale of sports subjects’ discrimination is continuing to grow. 27 The provision 2 of the “Olympic Movement” Rule of the Olympic Charter.

12 66. The provision 7.3 of the “National Olympic Committees (NOCs)” Rule of the Olympic Charter sets NOCs’ right to benefit from the assistance of Olympic Solidarity. 67. Under the provision 19(2) of the “The International Olympic Committee” Rule of the Olympic Charter, the IOC Executive Board assumes the general overall responsibility for the administration of the IOC and the management of its affairs; in particular, it monitors the observance of the Olympic Charter. 68. According to the provision 19(4) of the “The International Olympic Committee” Rule of the Olympic Charter, “the IOC Executive Board may delegate powers to one or more of its members, to IOC commissions, to members of the IOC administration, to other entities or to third persons”.

III. Prayers for relief 69. In view of the foregoing,28 and for the aim to support the efforts to provide for the social and professional future of the Athletes,29 the Athletes and the Belarusian Sport Solidarity Foundation respectfully request the International Olympic Committee:30 (1) to investigate the cases of the Olympic Charter violations by the National Olympic Committee of the Republic of Belarus; (2) to grant the Athletes (their lawful representatives) right to participate in the International Olympic Committee investigation and decision-making process held regarding the results of such an investigation; (3) to cease the authorities of the National Olympic Committee of the Republic of Belarus to represent the interests of the Republic of Belarus before the subjects to the Olympic Movement for the investigation period;31

28 For reference: with this Request the Athletes stress the NOC Belarus has not only shown its negligence to the Athletes’ right to engage in sport, but also to Athletes’ human rights: the right to freedom of opinion and expression, the right to labour, the right to dignity of human person. The stated rights are human rights recognized by the subjects of international law universally and laid down with the Universal Declaration of Human Rights. The compliance with the Human Rights abidance is in line with the IOC policy, in particular with the development of the IOC Strategy on Human Rights and settlement of the IOC Human Rights Advisory Committee. 29 The provision 2(12) of “Olympic Movement” Rule of the Olympic Charter. 30 The provision 9 of the Rule 27 restricts that “apart from the measures and sanctions provided in the case of infringement of the Olympic Charter, the IOC Executive Board may take any appropriate decisions for the protection of the Olympic Movement in the country of an NOC, including suspension of or withdrawal of recognition from such NOC if the constitution, law or other regulations in force in the country concerned, or any act by any governmental or other body causes the activity of the NOC or the making or expression of its will to be hampered.” 31 Under the provision 2 of the Bye-law to the Rule 59 of the Olympic Charter states that “throughout any inquiry, the IOC Executive Board may provisionally withdraw from any concerned person or organization all or part of the rights, prerogatives and functions deriving from such person’s or organization’s membership or status.

13 (4) to withdraw the financial support granted to the National Olympic Committee of the Republic of Belarus for the period of investigation;32 (5) to set the ad hoc Commission for Belarussian Athletes with composition of the representatives of the International Olympic Committee, Belarusian Sport Solidarity Foundation, relevant International Federations;33 (6) to empower the ad hoc Commission for Belarussian Athletes with the following authorities: − consider Belarusian athletes’ applications to the participation in relevant international competitions and the Olympic Games; − send competitors, team officials and other team personnel to relevant international competitions, including Olympic qualification events, and the Olympic Games under the Olympic Flag; − use the financial support withdrew from the National Olympic Committee of the Republic of Belarus for the purposes of Belarusian athletes’ preparation to the Olympic Games.

Volha Mazuronak Athlete

Darya Barysevich Athlete

Sviatlana Kudzelich Athlete

Andrei Krauchanka Athlete

Dzmitry Shershan Athlete

Aliaksandr Vakhaviak Athlete

32 See the comment to the provision 42(2) of the Request. 33 The provision 1 of the Bye-law to the Rule 59 of the Olympic Charter determines that “any inquiry relating to facts that may lead to any measure or sanction is conducted under the authority of the IOC Executive Board, which may delegate all or part of its authority to that effect”.

14 Aliaksandra Herasimenia Chairwoman of Belarusian Sport Solidarity Foundation

Aliaksandr Apeikin Executive director of Belarusian Sport Solidarity Foundation

Anatol Kotau Government Relations Manager of Belarusian Sport Solidarity Foundation Chairman of the NOC Belarus Ethics Commission

15