DOPING
In the eyes of Russian fans, the Supreme Court of Arbitration for Sport (CAS) in Lausanne looks like a cold, cynical judicial body, initially hostile to Russian athletes who are accused of doping. However, on February 29, CAS fully acquitted cyclist Alexander Kolobnev, who proved his innocence. Sports lawyer Viktor BEREZOV, who was directly involved in the Kolobnev case, told SE why CAS acquitted a Russian athlete for the first time in its history.
KEYS TO SUCCESS
I, like you, cannot remember a doping case where the punishment of a Russian athlete for a positive test would have been reduced to a warning, - said Viktor Berezov. It was he who represented the interests of the Federation in CAS cycling Russia (FVSR), which issued a warning to Kolobnev, after which the International Cycling Union (UCI) challenged this decision of the Russian side.
Not so many high-profile cases involving Russians went through CAS. "The case of Lazutina/Danilova", "the case of Chepalova", "the case of Yuryeva/Akhatova/Yaroshenko", "the case of the seven", where the defendants were Russian athletes, - Berezov began to list, forgetting to mention only "the case of Kabaeva/Chashchina". - In the "seven" I just represented the All-Russian Federation of Athletics in CAS. In the VFLA, athletes were given two years, in the IAAF they required four. CAS judged - 2 years and 9 months. Our term turned out to be closer than that of the IAAF, but it is cunning to consider that case won. Frankly, we went to Lausanne with one goal: to achieve such terms of disqualification so that the athletes could compete at the London Olympics. Fortunately, we succeeded.
- Each doping case is individual. But still, what does it take to win a CAS trial?
Speaking from the point of view of a lawyer, it is very important to forget how the courts are held in Russia. Because CAS has nothing to do with our judicial system. A textbook was the activity in Lausanne of the lawyer Kucherena in the "case of Lazutina / Danilova" in 2002. The first thing he did at the very beginning of the hearings was to challenge the entire composition of the court, including the arbitrator he himself had chosen. When he was denied this, the rhetoric familiar to many began - "a provocation against Russia", a "political conspiracy". But the way in which Kucherena could theoretically put pressure on the court in Russia is simply impossible in Lausanne. And as a result, the case, of course, was lost. Moreover, CAS went to the rarest principle for itself: in the final decision, Lazutin was obliged to pay 25 thousand Swiss francs in favor of the IOC for the defiant behavior of his representative.
CAS has adopted a much more democratic procedure for providing evidence than in Russia. We cannot, relatively speaking, simply print out a text from the Internet and present it as evidence. In CAS it is possible. In that, of course, the case when the other side does not protest.
Another feature of CAS is that everything is transparent from the very beginning. Before a certain time, you must disclose all your evidence, disclose the names of all witnesses and briefly outline their position and the essence of the information that they would like to convey to the court. Russian lawyers often prepare for something completely different. They write a statement of claim, and then wait for the trial, during which they pull new evidence out of their sleeves in order to confound the other side.
- Is CAS deliberately nullifying legal debate?
There is debate, but within certain limits. Any lawyer confronted with a mass of new evidence will immediately take time to prepare a response. The case is dragging on. There is no such thing in CAS. The parties arrive fully prepared for the hearing. And the CAS arbitrators themselves have the opportunity to get acquainted with the essence of the case, at least in general terms.
For almost 20 years of activity of the Supreme Sports Arbitration Court, it has considered a huge number of cases. And in one, two, five cases, you can definitely find similar moments. In general, studying CAS practice for a lawyer is the first key to success. For example, in the decision on the "Kolobnev case", CAS has references to about twenty decisions taken earlier by this court.
What about the other keys?
It is necessary to study the practice of specific arbitrators appointed to consider the case. We found a couple of decisions by the chairman of the jury, the Italian Luigi Fumagalli, and in our answer on the "Kolobnev case" we referred to him in advantageous moments for us. I think that any person is pleased when his decisions are known and referred to.
Together with Kolobnev and his lawyer Claude Ramoni, we chose one of the arbitrators according to CAS rules - American Jeffrey Benz. He was one of those who made the decision not to disqualify the Brazilian swimmer Cesar Ciela Filho, whose high-profile case to some extent set a precedent in CAS. And in the course of the meeting, Benz asked the UCI lawyer questions that made it clear that in the case of Kolobnev, he was not on the side of the international federation.
Finally, another key to success is fluency English language. From my own experience, I can assure you that not a single translator has an impeccable command of legal, sports, doping vocabulary. Therefore, coming to CAS with an interpreter for a lawyer means automatically lowering your chances.
At first, Russian lawyers came to CAS who did not know how to behave. The court's attitude towards them was clearly projected onto other Russian lawyers as well. When did the change in their perception occur?
It seems to me that this happened after 2004, when my immediate supervisor Alexandra Brilliantova (head of the legal department of the ROC. - Note. S.B.) became the CAS arbiter and we started attending meetings frequently. It was in 2004 that the first non-ping case won by Russia in CAS happened. Then the International Equestrian Federation incorrectly calculated its own rating, and instead of our girl (Alexandra Karelova. - Note. S.B.) others were admitted to the Athens Olympics.
The day before we flew to Athens, we filed an appeal, the day before the opening ceremony, it was considered at a meeting of the temporary CAS visiting team at Olympic Games. The appeal was granted, and Karelova performed in Athens.
KOLOBNEV - A FIND FOR A LAWYER
Negative experience gained sports Russia in relations with CAS, he taught everyone to believe that since some international federation decides to sue a Russian athlete, then he does not have much chance. So it seemed in the Kolobnev case.
Federation of federations of strife. The IAAF, for example, uses the services of highly qualified British lawyers. And for all the time this federation lost, it seems, only one case. For the UCI, the "Kolobnev case" is also one of the few lost ones. But there are also examples to the contrary. The International Wrestling Federation, led by President Martinetti, regularly loses cases. Moreover, the mere intention to go to CAS can make FILA change its mind.
- How did Kolobnev behave from a legal point of view?
If you can imagine the ideal behavior of an athlete in such a situation, then this is the case. I just don't know what else he could have done. Alexander perfectly understood what his chances were and how to act. He spent a lot of money (presumably between 50 and 100 thousand dollars. - Note. S.B.), time and effort, and I'm humanly glad that it paid off. He was advised by a good lawyer - the Swiss Claude Ramoni, who worked just fine.
Kolobnev presented the FVSR at the hearings of the anti-doping commission (Berezov is one of its members. - Note. S.B.) all necessary explanations and evidence. As a result, the commission had little doubt when it issued a warning to Alexander, although such a decision for the federation is always a huge risk. And then, reading the decision of CAS, it was very pleasant to see on almost every page the phrase that the court fully agrees with the conclusions of the FVSR.
So, what explanations did Kolobnev give, who was found to have the diuretic hydrochlorothiazide at the Tour de France 2011, which can be used as a masking agent?
In the late 1990s, Kolobnev underwent two vein surgeries. Periodically, he was examined by his attending physician in Nizhny Novgorod Sergey Petrov, who prescribed treatment for the racer, including the biologically active additives "Capilar" or "Capilarprotector". More often Kolobnev used "Capilar". The last time the rider visited Dr. Petrov was in 2009.
In June 2011, he came to the Russian Championship in Ufa. I went to the pharmacy network "36.6", asked "Kapilar". He was told that in the whole of Ufa in "36.6" there is no "Capilar", but there is a "Capilar protector". He bought it because he had previously used it.
Kolobnev took these supplements and brought them with him to the Tour de France, where he passed a positive test. The concentration of hydrochlorothiazide in the sample was so negligible that Kolobnev was able to obtain the conclusion of an extremely authoritative physician, Roland Rivier from Lausanne. The essence of the conclusion is that at this concentration hydrochlorothiazide has no masking effect at all.
Does anyone know how hydrochlorothiazide ended up in the supplement?
Most likely it's just a coincidence. It can be assumed that particles of another preparation containing hydrochlorothiazide remained in the production vat where "Capilarprotector" was prepared. The athlete does not have to prove exactly how it happened. He needs to prove how the substance got into the body, and for this he needs to know where this substance was contained. Kolobnev sent for examination to England all the dietary supplements that he had. The examination took about three months, and in the end, hydrochlorothiazide was found in Capilarprotector. The second condition for the athlete is to prove that the intake of the substance was not related to the goal of enhancing athletic performance. But here it was obvious! From that moment on, Kolobnev could build his position.
In fact, CAS quickly agreed that Kolobnev fulfilled these two conditions, and in the future, the degree of guilt of the athlete was simply determined. If we were talking about anabolics or EPO, then there would be little chance of avoiding a two-year disqualification. But hydrochlorothiazide is included in the list of "special substances", where the scope of punishment can vary from 0 to 24 months.
- What was the position of the International Cycling Union?
They believed that the degree of Kolobnev's guilt was the maximum. The main reason is that he did not have the right to change the additive, although Alexander did not change, but used both Capilar and Capilarprotector. The UCI also, in particular, disputed that Oleksandr bought Kapilarprotektor in June 2011 in Ufa. But Kolobnev did not go to the pharmacy alone, but with his wife and nanny. The wife acted as a witness, CAS reacted to this absolutely normally. They decided not to interrogate the nanny at all.
Who else was a witness?
Kolobnev's Katyusha teammates in July 2011 Yegor Silin and Yuri Trofimov. Doctor Petrov. Roland Rivier. The court had problems with video communication, so we spoke with witnesses by phone.
- At the end of the hearings, was it already possible to draw any conclusions about the position of the court?
This is impossible. In CAS, everyone is always emphatically friendly, but in most cases it ends badly. Confidence that we have a good position - yes. Deep down, we, including Kolobnev himself, agreed to a 3-month disqualification, but a complete acquittal came as a surprise to everyone.
Why did the UCI decide to go to court against Kolobnev? Were they sure they were right or was it a purely fashion decision?
I think image. The FVSR's warning to Kolobnev was a challenge for the international union. Their position is an irreconcilable fight against doping, and it was important for them not to let things go on the brakes, but to indicate their position, and then, they say, let CAS figure it out. And further. If in the case of the “Contador case”, in addition to the UCI, the decision of the Spanish federation was also challenged by the World Anti-Doping Agency (WADA), then he had no complaints against Kolobnev. Apparently, they did not want to join the case, the chances of winning which looked unfavorable.
Sergey BUTOV
Image copyright EPA
The Court of Arbitration for Sport (CAS) in Lausanne granted the appeals on Thursday Russian athletes, annulling the decision of the International Olympic Committee (IOC) on their lifetime suspension from the Olympics.
The BBC Russian service tells how athletes, officials and journalists reacted to this decision.
International Olympic Committee
This could have a major impact on the future fight against doping. The IOC will therefore analyze the rationale for decisions very carefully as soon as they are available and consider the possible consequences - including the possibility of an appeal to the Swiss Federal Tribunal.
Regarding the participation of athletes from Russia in the Winter Olympic Games in Pyeongchang 2018, the decision of the IOC Executive Board of December 5, 2017 remains in force. This suggests that since the Russian Olympic Committee has been suspended, Russian athletes will only be able to compete in PyeongChang at the invitation of the IOC.
Image copyright AFP/Getty Image caption CAS considered that the evidence collected in relation to athletes is not enough to unambiguously speak of a violation. anti-doping rules.The decision of the Arbitration Court in Lausanne does not mean that 28 athletes will be invited to the Games. The fact that they are not under sanctions does not mean that they automatically receive the privilege of being invited to the Games.
It is also important to note that at the press conference, the Secretary General of CAS stated that the decision of the court "does not mean that 28 athletes are declared innocent."
Pavel Kolobkov, Minister of Sports of Russia
Now the Russian Olympic Committee will send a letter to the IOC with a proposal that they declare our athletes to participate in the Olympic Games. We will wait for the official decision of the IOC. (Interfax)
All athletes were acquitted in the case on charges of anti-doping rule violations during the Sochi Games. And the guys, and we are all glad that justice has finally prevailed.
The CAS board recognized that they were innocent and canceled the decisions of the Oswald Commission (IOC). Today's CAS decisions confirm that many of those accused are "clean athletes". (RIA News)
Dmitry Peskov, press secretary of the President of Russia
We have repeatedly said that, of course, our athletes will continue to be supported through all possible channels in any steps that are aimed at upholding their rights.
The information received about the decision of the Court of Arbitration for Sport regarding our athletes confirms that vigorous actions to uphold the rights both in court and in other categories are justified, can be effective and must continue. And we hope that, of course, these actions will continue.
Dmitry Medvedev, Prime Minister of Russia
We never doubted that our athletes absolutely deservedly received all those medals that were won in Sochi. It is good that the court fully confirmed this, proved their purity.
This means that the athletes who filed suits are fully exonerated. And in relation to them, no prohibitive decisions are no longer valid, their biography is absolutely clean. And all those awards that they have acquired have been restored in their rights.
Image copyright Getty Images Image caption Skeletonist Alexander Tretyakov now has to get back gold medalEverything (...) must be done as quickly as possible so that fully rehabilitated athletes can take advantage of all the opportunities that are open to them as a result of this court decision. (Interfax)
Vitaly Mutko, former Minister of Sports of Russia
Good news, but with bitterness. Frankly speaking, we did not expect such a decision, but nevertheless we proceeded from the fact that in all these hearings and commissions of Oswald, WADA (World Anti-Doping Agency) there are such superficial accusations, hasty, without substantiation.
All this week the athletes proved their innocence. Doping is a fairly simple thing: there are samples, and all this talk and speculation should not be considered at all. As soon as some kind of consideration goes on a legal basis, then everything falls into place.
One can only express regret that WADA delegated all these processes to the commissions, Richard McLaren was absolutely unconvincing in this process.
Of course, we are very happy that 28 athletes were justified. We never doubted them. All of them have always been for us outstanding athletes, and we had no doubt that they won their podiums in a fair fight. And the president said that we were never going to leave them without support and help. (RIA News)
Mikhail Degtyarev, head of the State Duma Committee on Physical Culture, Sports, Tourism and Youth Affairs
We counted on positive decisions in court. The courts must always be filed, because silence means agreement with decisions taken or accusations. The next step should be lawsuits in civil courts in order to refute the false theses of the McLaren report and protect the honor and dignity of athletes and coaches.
Elena Vyalbe, President of the Russian Ski Racing Federation
When they learned the solution, even the gift of speech was lost. It is a pity that three are still not fully justified, but the disqualification is only for these Olympic Games. In general, we are just happy, I believed that sooner or later this would happen. (RIA News)
Olga Fatkulina, world champion in speed skating
Image copyright AFP/Getty ImagesI earned a medal with my honest work. When I learned about today's decision, happiness did not decrease or increase. Everything was as it should be. It will be a victory if we are admitted to the Olympic Games. Let's wait now - how everything will be decided on admission. That's when we'll be happy. Now the state is already such that there are no emotions. We are waiting to see how everything will be according to the situation. (RIA News)
Artem Kuznetsov, speed skater
Of course, common sense prevailed, but many questions remain: what happened, why we were accused, and, I'm afraid, they will remain unanswered. It's a shame that we, most likely, will not go to the Olympics anyway, because there are no invitations yet, and it is not clear what will happen. (TASS)
Alexey Petukhov, skier
Image copyright ReutersHaving learned the decision, I just thought that justice has triumphed, there are higher powers and the truth is above all nasty things. Now let those who spoke badly about us think, let them be ashamed. And we came out victorious, it's great that the court heard us.
A little at a loss, I understand that everything is over, but the state is incomprehensible, twofold. It turns out that it is not clear with the Olympic Games, the IOC will certainly not allow it, and the list has been formed. But the fact that we will continue to prepare for the World Cup is a positive decision. With renewed vigor new fight. (RIA News)
Alena Zavarzina, snowboarder
Nikita Kryukov, skier
I want to go to court, because the decision on disqualification affected me very strongly. My name, the name of the Olympic champion, was simply taken and dipped into the mud. I fully admit that this could make the fans doubt the purity of my results, my victories. I see no reason to tolerate it with impunity. Therefore, going to court seems to me a completely logical step.
Russia still has a lot of work to do and to improve its anti-doping system. But the decision of the Court of Arbitration for Sport (CAS) in Lausanne cannot but rejoice. during a trip to Rostov-on-Don, which eight days before the start Winter Games in Korea, fully justified 28 Russian athletes. Banned for life from all Olympics. At the same time, the president called for refraining from euphoria and respect for Russia's opponents in this case.
The Russian Olympic Committee is already preparing an additional application to the IOC. The Russian side hopes that the decision to restore the rights of our athletes to participate in the Olympics will be made in an expedited manner. The athletes themselves are counting on this, who have not stopped preparing for the competition all this time and believed in justice.
The first Olympic athletes from Russia are already in Pyeongchang and have already settled in Olympic Village. And the first news on Korean soil is good for our team.
“The judges of the Court of Arbitration for Sport unanimously ruled that the evidence provided by the IOC in this case did not carry sufficient weight in each individual case. Therefore, the evidence collected in 28 cases was found insufficient to establish anti-doping rule violations by these athletes,” says Mathieu Ribe, Secretary General Sports Arbitration Court.
Appeals of 28 athletes were satisfied. And this means that the list of athletes from Russia admitted to the Games can be replenished with new names.
“I knew that this would be the case, that the truth would be on our side. I hope that we will continue to win these cases so that we can go to the Olympic Games,” Olga Fatkulina, Olympic silver medalist in speed skating, rejoices.
Elena Nikitina, Olympic bronze medalist in skeleton, is also on the list.
"Yes, I qualified for the Olympic Games as the first number and I really hope that we will get there, we seem to have a chance to get there."
The athletes did not believe until the very end that CAS would make a decision in favor of Russia. We are already accustomed to continue the trials month after month.
"I found out this news at a training session, so I was ready to ride until the evening from such good news! Of course, our lawyers immediately made a request. Because CAS, as it were, writes that they recommend sending us an invitation. So now we are waiting for the results from IOC," Maxim Vylegzhanin, a three-time Olympic silver medalist in cross-country skiing, shares his emotions.
However, the IOC has already rushed to declare that automatically after the CAS decision no one will be allowed to the Olympics. So the athletes and coaches will have to wait for the verdict again.
Albert Demchenko, Main coach of our luger athletes hopes to fly to Korea at least on Sunday. His wards, the leaders of our team, are already in Pyeongchang. We arrived just in time for the opening of the Olympic village.
Direct flight Moscow - Seoul, 8 and a half hours in the sky. During this night, our athletes will have to cross 6 time zones, but cope with physical activity they are used to.
“For me, the main thing is to sleep 3-4 hours after the flight,” admits Roman Repilov, a three-time winner of the World Luge Championship.
“I don’t experience any big problems. Plus, we have very competent medical staff who help us,” says Semyon Elistratov, Olympic champion on short track.
“More complexities with the circadian jet lag. A big time difference and because of this it is more difficult,” says Sofya Prosvirnova, four-time European champion in short track speed skating.
“We have already worked out a flight to Korea, we had a World Cup stage here last year and an international training week, and we already know what to expect from this long flight, what state we have already recorded,” explains Sergey Chudinov, senior coach of the Russian national luge team.
Due to the truncated composition of our teams, there is no medal plan this time. Many of the favorites of the Olympiad from Russia remain on the stop list, not involved in doping scandals, but, nevertheless, not admitted to the Games, without clear explanations from the IOC. So, as our athletes say, they will have to fight in Pyeongchang both for themselves and for their teammates who have remained in Russia.
“We know our business, we go for results, for high results and we will do everything in our power,” promises Vladislav Antonov, Olympic silver medalist in luge.
“There are a lot of emotions, they mix, and I can’t say anything specifically. It’s sad, but we will break through, everything will be fine,” says Elistratov.
Our athletes will start their first training at the facilities next week. In the meantime - good sleep, rest and acclimatization.
It would seem that you can pack things. Charges are dropped. Lifetime suspension - cancelled. However, the International Olympic Committee still does not want to see Russian athletes at the games in Pyeongchang.
"The decision of the IOC Executive Committee of December 5, 2017 remains in effect. It clearly states that Russian athletes can only take part in the Pyeongchang Games at the invitation of the IOC, since the Russian Olympic Committee is suspended. The result of the decision of the Court of Arbitration for Sport does not mean that these 28 athletes will be invited to the Games,” said Mark Adams, spokesman for the IOC.
What prevents this invitation from being issued - main question. 28 athletes are clean, the arbitration recognized this unanimously. If we are talking only about the fight against doping, there can be no obstacles to admission. However, judging by the reaction of the IOC, this story is not only about sports.
"Although there are still no grounds for non-invitation, but, nevertheless, the IOC may refuse an invitation, and not send an invitation to them. Now lawyers who have powers of attorney from athletes are studying the issues and the possibility of challenging this decision," Alexey said. Kravtsov, head of the Russian Skating Union.
The first thing the lawyers plan to do is to send a formal request. If the IOC continues to persist and responds with a non-admission decision, it will be immediately appealed. On an emergency basis. To still be in time for the start of the competition.
"We need to act quickly. And we will act quickly. We hope that the Arbitration will force the IOC to allow athletes to the Olympic Games. Our position is strong enough. Let's see what the decision will be. But I am sure that from a legal point of view there is no reason not to Games of Russian athletes, from which all charges were dropped, despite the fact that athletes of other nationalities in a similar situation are admitted to the games," says Philip Burch, a lawyer representing Russian athletes at CAS.
The Russian Olympic Committee will also strive to ensure that the Russian athletes acquitted by the Arbitration are admitted to the games.
“Of course, the IOC has stated at all its meetings that they are defending the interests of “clean” athletes. So, CAS has now confirmed that our athletes are “clean” and have earned the right to participate in the Olympics. Therefore, now the Russian Olympic Committee will send a letter with a proposal that they declare our athletes to participate in the Olympic Games. And we will wait for the official decision of the International Olympic Committee, "he informed the public.
The list of those who can participate in the games will be formed by the end of this day. Skeletonists Alexander Tretyakov, Elena Nikitina and Maria Orlova. Skaters Olga Fatkulina, Alexander Rumyantsev and Artyom Kuznetsov. Sanitary Tatyana Ivanova. They all said they were ready to go to Pyeongchang. All that's left is to get an invitation.
"We all prepared and continue to prepare. And the mood is good. And today it is also such a definite, certainly pleasant positive moment for anyone,” said Elena Vyalbe, President of the Federation cross-country skiing Russia.
The moment is not just pleasant - it is fundamental. In fact, 28 athletes defended not only the right to justice, but also their reputation. Yours, and most importantly, Russian sports. And they are not going to stop there.
For the International Olympic Committee, the decision of the Arbitration is, of course, the most inconvenient. And not only because the composition of the participants can change just a week before the start of the games. The main thing is a reputational blow: if the accusations of McLaren, Rodchenkov and Oswald are unfounded, where did the IOC look? Why did you listen? The questions seem to be too uncomfortable to answer. It's easier to go on a new attack. And this journey, it seems, is not yet complete.
CAS did not satisfy the claim of the Russian Olympic Committee and 68 Russian athletes. Is there another chance for Russian athletes to participate in the Games? We talked about this with the head of the commission of the Russian Bar Association on sports law Sergey Alekseev.
"Vesti FM": Sergey Viktorovich, what to do now?
Alekseev: I want to say that in principle this is not the last resort. In fact, the court of Lausanne is not entitled to consider the issue of abolishing the presumption of innocence proclaimed by the Universal Declaration of Human Rights, the UN Charter, and other international conventions that are higher in legal force than sports law. Therefore, I believe that it is necessary to appeal against this decision at the location of the Lausanne Court, that is, to apply to the Swiss court of general jurisdiction in connection with violations of generally accepted human rights, which cannot be violated not only by some kind of arbitration court, but even by agreements of states, this fundamental human rights and freedoms, namely, the right to the principle of equality in one's dignity and in one's rights, proclaimed in the first article of the Universal Declaration of Human Rights. Political discrimination is prohibited (here it is obvious). Also, the presumption of innocence cannot be prohibited. And, of course, here the right to work is seriously violated. Innocent, "clean" athletes bear such a severe responsibility, that is, they are suspended from the Games, they suffer potential property losses, their business reputation suffers. That is, all this is a direct violation of human rights.
And this court... You see, at first this whole situation was created to confuse Russia, the Russian athletics, play for time. That is, on June 17 and 21, two radically opposite paths were proposed. That is, it was proposed to apply peacefully to the International Federation athletics and prove there that we are innocent, so that they would voluntarily admit ours there. On the other hand, at the same time it is proposed to go to court with the same IAF. That is, it is obviously confusing rubbish. We went for it - and here is the result.
In fact, from a legal point of view, this court simply confirms that everything was carried out in accordance with the procedures adopted by the International Athletics Association. She has a right to it. Voted by majority vote. And here the procedure is not violated, the court upheld this. Therefore, it is now necessary to appeal precisely at the level of state instances. The first is the Swiss court, the second instance is the European Court of Human Rights. And also involve commissions - the UN Commission on Human Rights, the same commission under the European Union - and actively continue to fight, otherwise it will continue.
Listen in full on the audio version.
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Esters on the topic: Doping scandal
CAS - is it still a court or a judgment seat?
ALEXEY PANICH: “We have carried out all the proper analyzes on the issue related to Olga Zaitseva's DNA samples. After we presented the reports of our experts, it turned out that the IOC had unprofessionally conducted its examinations of doping samples, and the charge was dropped. I would like to note that we involved both Russian and foreign experts.”
LEONID KALASHNIKOV: “First one athlete, two, then two dozen, and then hundreds. And when the bill went to hundreds of punished athletes, it turned out that some people were simply tired, as they say, of inviting Rodchenkov himself and began to execute these signatures for him.
“I would cancel the doping tests”
SERGEY MIKHEEV: “Well, we wanted to integrate into a civilized community - we integrated into it. A civilized community will punish us for what we are. They can’t punish us like that - take and destroy us - but they will harm us like this, in a petty way. ”
On Thursday, the Court of Arbitration for Sport in Lausanne upheld the appeals of Russian athletes who were disqualified for life by Denis Oswald's commission. 28 athletes were fully justified, for 11 the ban applies only to the upcoming winter Olympics in Pyeongchang. More than ten taken Sochi medals will remain with the owners.
Nevertheless, this is no triumph - it is rather a manifestation of common sense. Guilty, yes, definitely. But the punishment in no case should be collective, including individual "punishment on suspicion." What's more, it's for life.
Behind the positive decision of the Court of Arbitration for Sport is a multi-layered and complex story. It is possible that the clarification will basically come down to the motive "due to insufficient evidence", as has happened before and that did not prevent the "doping case" from developing according to the worst-case scenario. There are reasons to throw hats up and shout that all the bad things are behind us and now we have to deal with the punishment of all enemies, real and imaginary, as they never were, and are not.
Obviously, the competent work of the hired Swiss lawyers influenced the verdict. It is possible that another sensational story by the German ARD channel journalist Hajo Seppelt also played a role - in the harsh formulations of the main person involved in the IOC vs. Russia case, Grigory Rodchenkov, about the total Russian doping system sanctioned from the very top, there was a clear overkill. A hint that the author with Putin was almost on short leg, only added skepticism in relation to the large-scale revelations of a fugitive specialist.
The President of the Russian Federation, who had not spoken before about the latest events with the removal of Russian athletes, finally broke the silence. At the send-off of the Olympic delegation from the lips of Vladimir Putin, an unexpected “I apologize” sounded. He, of course, confessed to the athletes for the fact that they "failed to protect them from unprecedented pressure from outside." But if desired, the remark could be interpreted more broadly. On the occasion of his main electorate, who advocated a boycott of the Olympics, the president did not go. Although the decision, I believe, was not easy for him.
The Court of Arbitration for Sport sharply moved against the IOC, rehabilitating almost all Sochi victors - the winner ski marathon Alexander Legkov, winner of three silver awards Maxim Vylegzhanin, gold skeletonist Alexander Tretyakov, silver medalist skater Olga Fatkulina and their other colleagues.
Back in early December, when the fateful decisions were being made, the head of the organization, Thomas Bach, warned that the “Efimova case” would not happen again. Let me remind you that the previously suspended swimmer was admitted to the 2016 Games after she won the case in arbitration court. But the final decision then depended on the international sports federations, to which the IOC delegated authority. And now the IOC itself decided the fate, approving the option with personal invitations - with which the Russian side also agreed.
Now the situation can develop in different ways. If the IOC bites the bit, none of those who get a chance will end up in Pyeongchang. He will take into account the verdict, which he is obliged to obey in form - he can drag out the case for a week, and then it will be too late, on February 9 the opening of the Games. A partial admission option is also possible, but much depends on quotas - some of the previously suspended Russians did not fulfill the qualification standards, someone did not have the opportunity to fulfill them, and in general, all the freed quotas have already been transferred to other delegations. The decision will also depend on the reaction of the international sports community, as well as on specific participants in the Olympics who are already flying to Pyeongchang. And among them, not everyone will approve such a sharp turn - at first, WADA and the IOC seemed to convince the Russians of the guilt, and now they suddenly forgave them.
If the rehabilitated are invited, then a phantasmagoric situation will arise - in Pyeongchang, those previously disqualified for life, and not invited "on suspicion", as well as for past sins, will be able to perform, the leaders of the Russian team will remain outside the Olympics. The first category includes Pavel Kulizhnikov, Denis Yuskov and others, the second - Viktor An, Anton Shipulin, Sergey Ustyugov. There are an order of magnitude more candidates for the Pyeongchang gold on these lists than on the “list of 28”.
So, with all the joy for the athletes, I would wait a little with euphoria - the prospects are too unclear, and there was too little time for the realization of completely extinguished hopes. On federal TV channels they are already shouting about a big political victory, which seems to be much more important than a sports one.
But to one and to the other - even as to the moon.
The IOC said it would challenge the decisions for all 28 athletes.
