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5427 Ilvir Khuzin V
Tribunal Arbitral du Sport Court of Arbitration for Sport Arbitration CAS 2017/A/5427 Ilvir Khuzin v. International Olympic Committee (IOC), award of 23 July 2018 (operative part of 1 February 2018) Panel: Prof. Christoph Vedder (Germany), President; Mr Hamid Gharavi (France); Mr Dirk-Reiner Martens (Germany) Bobsleigh Doping (use of a prohibited substance or method; tampering with doping control; cover-up of and complicity in the commission of an ADRV) Standard of proof in general Standard of proof with regard to the alleged doping scheme Means of proof Liability of the athlete in case of substitution of the content of his/her sample Elevated urinary sodium concentrations Use of a prohibited method Use of a prohibited substance Tampering with any part of doping control Administration of a prohibited method or substance to an athlete Cover-up of or complicity in the commission of an ADRV Consequences to the team of the disqualification of a team member’s individual results Appropriate length of the Olympic ineligibility 1. The comfortable satisfaction standard is well-known in CAS practice, as it has been the normal CAS standard in many anti-doping cases even prior to the World Anti- Doping Code (WADC). The test of comfortable satisfaction must take into account the circumstances of the case. Those circumstances include the paramount importance of fighting corruption of any kind in sport and also considering the nature and restricted powers of the investigation authorities of the governing bodies of sport as compared to national formal interrogation authorities. The gravity of the particular alleged wrongdoing is relevant to the application of the comfortable satisfaction standard in any given case. -
Report on World Anti-Doping Agency Governance As Required by House Report 116-456 May 17, 2021
EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF NATIONAL DRUG CONTROL POLICY Washington, DC 20503 Report on World Anti-Doping Agency Governance as required by House Report 116-456 May 17, 2021 EXECUTIVE SUMMARY The Office of National Drug Control Policy (ONDCP) is pleased to have this opportunity to update Members of Congress on the fight against doping and the ongoing efforts at governance reform within the World Anti-Doping Agency (WADA). As the sole international regulatory body against doping in sport, WADA has a unique responsibility to ensure that international competitions, especially the Olympic and Paralympic Games, are fairly conducted with the highest possible standards of integrity. Significant additional reforms to the way WADA is structured and operates are required to ensure that the organization is able operate with “independence and transparency of its operations, enhancing the role of athletes in WADA decision-making, and restoring confidence in clean competition.”1 ONDCP recognizes that this degree of change is challenging to accomplish and will require dialogue and cooperation among all key stakeholders. This Report provides an overview of the threat of doping and related corruption to sport (Section 1); then describes the progress of reform at WADA to date (Section 2); and follows with a discussion of the top ten reform challenges faced by WADA and its stakeholders, accompanied by a roadmap on how to begin addressing them (Section 3). It is WADA’s job to monitor anti-doping programs including drug testing, not just during the Olympics, but year-round. Elite athletes who participate in doping often do so with the assistance of highly skilled scientists who carefully develop protocols to reduce or eliminate the chances they will be caught. -
The Hundred Russian Whistleblowers the Subject Referring to Protection Of
Report of the International Human Rights Group Agora The hundred Russian whistleblowers The subject referring to protection of individuals who reveal information about violations to the public gets more and more topical not only in Russia, where the whistleblowers are regularly subjected to retaliation, including murders, violence, prosecution and imposing of disciplinary measures, but also in the rest of the world. The questions relevant to protection of whistleblowers have become subject to discussions in the UN, OSCE, Council of Europe, OECD, the bodies of the European Union and the G20. Up to date the national legislations of more than 60 countries envisage various measures aimed at guaranteeing of security and protection from retaliation of individuals who objectively act in favor of society by revealing of inaccessible information. The review of the subject relevant to protection of whistleblowers shall include the existing materials in the field. Mainly the Project on basic principles of laws on reporting of facts about corruption and illegal activities1 realized by Transparency International and the report of experts of this organization published in 2012 on ‘Corruption Reporting and Whistleblower Protection’2 describing in details the existing international and foreign approaches that may be used at elaboration of mechanisms for protection of individuals who report violations of greater size. The assurance of access to information is one of the problems closely related to the protection of whistleblowers. According to a report of Team 29 ‘The right to know’ the practice in Russia when it comes to assurance of access to information is not always in conformity to the international requirements and often contradicts to these requirements3. -
Support for Federal Anti-Doping Bill Seems to Be Waning by Gavin Parrish and Miguel Salcedo (November 6, 2019, 4:59 PM EST)
Portfolio Media. Inc. | 111 West 19th Street, 5th Floor | New York, NY 10011 | www.law360.com Phone: +1 646 783 7100 | Fax: +1 646 783 7161 | [email protected] Support For Federal Anti-Doping Bill Seems To Be Waning By Gavin Parrish and Miguel Salcedo (November 6, 2019, 4:59 PM EST) In 2016, whistleblower Dr. Grigory Rodchenkov exposed the massive Russian state- sponsored doping that took place during the 2014 Sochi Olympics. The international outcry, and the weak response from the International Olympic Committee was chronicled in 2017’s Academy award-winning documentary, “Icarus.”[1] In January, the Rodchenkov Anti-Doping Act[2] was introduced in both houses of Congress with bipartisan sponsorship, responding to the widely perceived lackadaisical enforcement by the World Anti-Doping Agency and the IOC. RADA would target individuals (e.g., doctors, trainers) participating in international Gavin Parrish doping fraud conspiracies anywhere in the world where Americans compete with foreign athletes, with penalties including fines up to $1 million or 10 years imprisonment, depending on the offense and the number of people involved. It would also provide restitution to victims of such conspiracies, extend statute of limitations for penalties and protect individuals who report violations (such as eponymous whistleblower Dr. Rodchenkov, who remains in hiding under U.S. protection). Although RADA does not seem to be a high priority in today’s polarized political climate, it represents the latest in an ongoing effort by U.S. law enforcement to Miguel Salcedo pursue anyone using U.S. dollars, the U.S. banking system or its territory to plan or conduct an illegal act, in sports and otherwise. -
Icarus Discussion Guide
www.influencefilmclub.com Icarus Discussion Guide Director: Bryan Fogel Year: 2017 Time: 121 min You might know this director from: This is the debut feature-length documentary from this director. FILM SUMMARY Filmmaker Bryan Fogel has long been a semi-serious cyclist, participating in amateur races the world over, even going so far as to compete in the Haute Route, an annual tour through the French Alps that he’s described as “the single hardest amateur bike race in the world.” Without the aid of performance enhancing drugs, Fogel finished 14th in a field of more than four hundred. But, he wondered, how well would he do if he had been doped up? Not only that, but if he went on a professional doping regimen, could he document his experience and use it to expose the dangers of doping and the systemic flaws in the anti-doping test practices, as Morgan Spurlock had done so successfully with the fast food industry in SUPER SIZE ME? This is where ICARUS began, but no one could have guessed where this inquiry would lead. In a stroke of luck, Fogel successfully enlisted the top Russian anti-doping expert, Grigory Rodchenkov, to assist him with plotting out and following through with his very first doping regimen. He communicated with the jovial scientist via Skype, until they meet in person months later to complete some initial tests of Bryan’s progress. But why would an anti-doping expert agree to collaborate on this illegal project? Fogel had the same question. As it turned out, Rodchenkov and his lab were under investigation by the World Anti-Doping Agency (WADA) for possible crimes related to doping during the 2014 Winter Olympic Games in Sochi, Russia. -
The State of Play: Globalized Corruption, State-Run Doping, and International Sport
THE STATE OF PLAY: GLOBALIZED CORRUPTION, STATE-RUN DOPING, AND INTERNATIONAL SPORT HEARING BEFORE THE COMMISSION ON SECURITY AND COOPERATION IN EUROPE ONE HUNDRED FIFTEENTH CONGRESS SECOND SESSION JULY 25, 2018 Printed for the use of the Commission on Security and Cooperation in Europe [CSCE 115–2–5] ( Available via www.csce.gov U.S. GOVERNMENT PUBLISHING OFFICE 30–972PDF WASHINGTON : 2018 VerDate Mar 15 2010 12:17 Feb 05, 2019 Jkt 000000 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 P:\_HS\WORK\30972.TXT NINA CSCE18-11 with DISTILLER COMMISSION ON SECURITY AND COOPERATION IN EUROPE LEGISLATIVE BRANCH COMMISSIONERS HOUSE SENATE CHRISTOPHER H. SMITH, New Jersey, ROGER F. WICKER, Mississippi, Co-Chairman Chairman ALCEE L. HASTINGS, Florida BENJAMIN L. CARDIN, Maryland ROBERT B. ADERHOLT, Alabama JOHN BOOZMAN, Arkansas MICHAEL C. BURGESS, Texas CORY GARDNER, Colorado STEVE COHEN, Tennessee MARCO RUBIO, Florida RICHARD HUDSON, North Carolina JEANNE SHAHEEN, New Hampshire RANDY HULTGREN, Illinois THOM TILLIS, North Carolina SHEILA JACKSON LEE, Texas TOM UDALL, New Mexico GWEN MOORE, Wisconsin SHELDON WHITEHOUSE, Rhode Island EXECUTIVE BRANCH COMMISSIONERS Vacant, Department of State Vacant, Department of Commerce Vacant, Department of Defense [II] VerDate Mar 15 2010 12:17 Feb 05, 2019 Jkt 000000 PO 00000 Frm 00002 Fmt 0486 Sfmt 0486 P:\_HS\WORK\30972.TXT NINA CSCE18-11 with DISTILLER THE STATE OF PLAY: GLOBALIZED CORRUPTION, STATE-RUN DOPING, AND INTERNATIONAL SPORT JULY 25, 2018 COMMISSIONERS Page Hon. Benjamin L. Cardin, Ranking Member, Commission on Security and Cooperation in Europe ................................. 1 Hon. Michael C. Burgess, Commissioner, Commission on Se- curity and Cooperation in Europe ......................................... -
Mclaren Report #2
RICHARD H. MCLAREN, O.C. INDEPENDENT PERSON WADA INVESTIGATION OF SOCHI ALLEGATIONS 9 December 2016 Via Email: [email protected] to be forwarded President Sir Craig Reedie World Anti-Doping Agency Stock Exchange Tower 800 Place Victoria (Suite 1700) Montréal, QC H4Z 1B7 Re: Report to the President of WADA by the Independent Person Dear President Reedie: I, as the Independent Person, have completed the enclosed Report, dated 9 December 2016, which is submitted to you pursuant to the Terms of Reference that established the Independent Investigation. This Report fulfills the mandate of the Independent Person. I appreciate having had the opportunity to be of service. Yours truly, Richard H. McLaren IP in Sochi Investigation [email protected] THE INDEPENDENT PERSON 2nd REPORT Professor Richard H. McLaren, O.C. 9 December 2016 Table of Contents Glossary ........................................................................................................................... iv Chapter 1: Executive Summary of 2nd IP Report ....................................................... 1 Key Highlights of 2nd Report ................................................................................................. 1 Institutionalised Doping Conspiracy and Cover Up ....................................................... 1 The Athlete Part of Conspiracy and Cover Up ................................................................. 2 London Summer Olympic Games ..................................................................................... -
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 -
The Russian Doping Scandal: Protecting Whistleblowers and Combating Fraud in Sports
115th CONGRESS Printed for the use of the 2nd Session Commission on Security and Cooperation in Europe The Russian Doping Scandal: Protecting Whistleblowers and Combating Fraud in Sports FEBRUARY 22, 2018 Briefing of the Commission on Security and Cooperation in Europe Washington: 2018 VerDate 0ct 09 2002 12:07 Jul 25, 2018 Jkt 000000 PO 00000 Frm 00001 Fmt 3191 Sfmt 3191 X:\_HS\WORK\29393.TXT NINA CSCESeal.EPS Commission on Security and Cooperation in Europe 234 Ford House Office Building Washington, DC 20515 202–225–1901 [email protected] http://www.csce.gov @HelsinkiComm Legislative Branch Commissioners HOUSE SENATE CHRISTOPHER H. SMITH, NEW JERSEY ROGER WICKER, MISSISSIPPI, Co-Chairman Chairman ALCEE L. HASTINGS, FLORIDA BENJAMIN L. CARDIN. MARYLAND ROBERT B. ADERHOLT, ALABAMA JOHN BOOZMAN, ARKANSAS MICHAEL C. BURGESS, TEXAS CORY GARDNER, COLORADO STEVE COHEN, TENNESSEE MARCO RUBIO, FLORIDA RICHARD HUDSON, NORTH CAROLINA JEANNE SHAHEEN, NEW HAMPSHIRE RANDY HULTGREN, ILLINOIS THOM TILLIS, NORTH CAROLINA SHEILA JACKSON LEE, TEXAS TOM UDALL, NEW MEXICO GWEN MOORE, WISCONSIN SHELDON WHITEHOUSE, RHODE ISLAND Executive Branch Commissioners DEPARTMENT OF STATE DEPARTMENT OF DEFENSE DEPARTMENT OF COMMERCE [II] (2) VerDate 0ct 09 2002 12:07 Jul 25, 2018 Jkt 000000 PO 00000 Frm 00002 Fmt 3193 Sfmt 3193 X:\_HS\WORK\29393.TXT NINA ABOUT THE ORGANIZATION FOR SECURITY AND COOPERATION IN EUROPE The Helsinki process, formally titled the Conference on Security and Cooperation in Europe, traces its origin to the signing of the Helsinki Final Act in Finland on August 1, 1975, by the leaders of 33 European countries, the United States and Canada. -
ICARUS” Film Review: “Awesome!”
Λ A T H L E T V E S V A LΛ L I A N C E “ICARUS” film review: “Awesome!” By Steven V. Selthoffer CEO AVA Date: August 21, 2017 20:12 pm GMTCET (Los Angeles, CA) – The ground-breaking and enormously successful film “ICARUS” directed and written by Bryan Fogel, USA does more to promote clean sports and fair play in one two-hour documentary than the entire International Olympic Committee and World Anti-Doping Agency could ever do in 100 years. The film punctuated with series after series of unexpected twists and turns will not only leave you breathless at points, but, without a breath through much of it. You are held in suspense as the drama of unfolding global news events and emerging international intrigues explode on the screen as news organizations rush to cover the unfolding cataclysmic Russian doping scandals. Then, if that wasn’t enough, Fogel’s advisor Grigory Rodchenkov slowly opens up and confesses about the secrets of the Russian doping programs going back to the 1960’s. Because of his dual role as an anti-doping director and a doping facilitator, he then must defect to the USA under threats for his life after his two Russian colleagues die unexpectantly of heart attacks within eight days of each other. Rodchenkov was next on the staff organization chart. It’s clear, the more you know about Olympic sports, the more you will like it. Fogel started the film with the correct premise, setting out to expose what is genuinely wrong with the current anti-doping system by “doping” himself, placing himself on a doping program (monitored first by an American doctor and secondly by Russian anti-doping director Grigory Rodchenkov) similar to what other cyclists had used, but alerted the anti-doping authorities in advance of what he was doing in order to see if the anti-doping system could catch him. -
Bryan Fogel Pedals Into Russia's Massive Doping Scandal
OSCAR DOC Bryan Fogel pedals into Russia’s massive doping scandal By Danny Munso Bryan Fogel never set out to be a documentary filmmaker. It’s more than a little ironic that he is deservedly nominated for an Academy Award for his documentary debut, Icarus, though he certainly paid his dues elsewhere. Originally a stand-up comedian, Fogel pursued that for a few years before turning to acting. Frustrated with the oppor- tunities, he moved on to writing, figuring if no one would cast him in a great role, he would have to pen one for himself. “If you look at the history of most filmmakers or comedians, most of them are auteurs,” he says. “They create their own stuff, whether that’s Guillermo del Toro, Christopher Nolan or Jerry Seinfeld. So eventually I wrote a play.” That play—the autobiographical Jewtopia—opened in Los Angeles in 2003, with Fogel himself as writer, producer and star. It ran for almost two years before moving to New York, where it played for another three and a half years. Its success landed Fogel a book deal and the chance to make a Jewtopia feature film, which he helmed himself. The movie had release issues, however, and never found an audience, ending the decade-long run Fogel had with Jewtopia. “I found myself back where I started,” he says. And he thought he had a killer idea for a documen- tary. “Doing a documentary felt a lot like when I decided to write a play for myself. It didn’t require the approval of a whole lot of people or a lot of money to do it. -
The Independent Commission Report #1
THE INDEPENDENT COMMISSION REPORT #1 FINAL REPORT November 9, 2015 Independent Commission Investigation Submitted: November 9, 2015 Independent Commission Independent Commission President Members Richard W. Pound, Q.C., Ad. E Professor Richard H. McLaren Günter Younger, Kriminaldirektor WADA Investigations Jack Robertson Chief Investigations Officer Independent Commission Investigation Staff: David Tinsley, Martin Dubbey, Brian Talay, Nick Connon, Greg Kitsell, Gabriella Re Independent Commission Investigative Report Co-ordinator: Diana Tesic Table of Contents Table of Contents ......................................................................................................................... i Glossary ..................................................................................................................................... vii Chapter 1: Executive Summary ................................................................................................. 1 1.1 Introduction ...................................................................................................................................... 1 1.2 Background on WADA .................................................................................................................. 2 1.3 Creation and Terms of Reference of the Independent Commission .................................... 3 1.4 Brief Summary of the IC Investigation Methodology ............................................................. 4 1.5 Whistleblowers ...............................................................................................................................