Sports arbitration court(CAS) in Lausanne on Thursday announced the final decision on 39 appeals Russian athletes, banned for life by the International Olympic Committee (IOC) for violations anti-doping rules in Sochi-2014.
Thus, the acquitted athletes have the right to replenish the truncated delegation of Olympic athletes from Russia, which has already begun to depart for the Olympic Village.
"Both CAS panels unanimously agreed that the evidence provided by the IOC in relation to this case is not equivalent in each individual case," the CAS decision said. satisfied, the sanctions have been annulled and their personal results in Sochi 2014 have been restored."
Fully justified with the lifting of sanctions and the restoration of the results shown:
| Dmitry Trunenkov (bobsleigh) |
| Alexey Negodailo (bobsleigh) |
| Olga Stulneva (bobsleigh) |
| Lyudmila Udobkina (bobsleigh) |
| Alexander Tretyakov (skeleton) |
| Sergey Chudinov (skeleton) |
| Elena Nikitina, skeleton) |
| Olga Potylitsyna (skeleton) |
| Maria Orlova (skeleton) |
| Alexander Legkov (cross-country skiing) |
| Evgeny Belov (cross-country skiing) |
| Maxim Vylegzhanin (cross-country skiing) |
| Alexey Petukhov (cross-country skiing) |
| Nikita Kryukov (cross-country skiing) |
| Alexander Bessmertnykh (cross-country skiing) |
| Evgenia Shapovalova (cross-country skiing) |
| Natalia Matveeva (cross-country skiing) |
| Olga Fatkulina (skating) |
| Alexander Rumyantsev (skating) |
| Ivan Skobrev (skating) |
| Artem Kuznetsov (skating) |
| Tatyana Ivanova (luge) |
| Albert Demchenko (luge) |
| Ekaterina Lebedeva (ice hockey) |
| Ekaterina Pashkevich (ice hockey) |
| Tatyana Burina (ice hockey) |
| Anna Schukina (ice hockey) |
| Ekaterina Smolentseva (ice hockey) |
The Russian Olympic Committee (ROC) has already asked the International Olympic Committee (IOC) to send invitations to the 2018 Olympics in Pyeongchang no later than February 2 to 15 of the 28 acquitted Russian athletes:
skeleton- Alexander Tretyakov, Elena Nikitina, Maria Orlova, Sergei Chudinov;
ski race- Alexander Legkov, Evgeny Belov, Maxim Vylegzhanin, Alexander Bessmertnykh, Evgenia Shapovalova, Natalia Matveeva;
skating- Olga Fatkulina, Alexandra Rumyantseva, Artem Kuznetsov;
luge- Tatyana Ivanova, Albert Demchenko.
The results of another 11 Sochi Olympians are still annulled, their guilt in violating anti-doping rules is considered established, but they have been replaced with a lifelong Olympic ban for skipping only one Olympics.
"In 11 cases, the collected evidence was found to be sufficient to recognize the disqualifications. The decisions of the IOC in these cases are confirmed with one exception: the athletes were declared disqualified for the next Pyeongchang Games instead of a lifetime ban from the Olympic Games," the CAS verdict reads.
Found guilty:
It is also indicated that the cases of three Russian biathletes Olga Zaitseva, Olga Vilukhina and Yana Romanova will be considered by arbitration after the Olympic Games.
Earlier, the IOC found 43 Russian athletes who participated in the Sochi Games guilty of anti-doping rule violations, annulled their results from the 2014 Olympics and banned them for life from participation in the Games.
The decisions were made based on the results of the work of the IOC commission headed by Denis Oswald, which was involved in rechecking doping samples of Russians from the home Games.
As a result, Russia lost 13 medals from the Sochi Olympics and lost first place in the medal standings.
It should be noted that the IOC Commission, bypassing the presumption of innocence, served as the basis for imposing sanctions against the Sochi Olympians only on suspicions of violating anti-doping rules by them. With clean doping samples of athletes, the containers for their storage in most cases did not even have traces of tampering (scratches) and any other anomalies.
Hearings on the cases of 39 Russian athletes who fell under IOC sanctions were held by CAS at the end of January.
The reaction of athletes and officials: now we are just happy
“Of course, the news is excellent, but I don’t even have the strength and emotions to rejoice - I’ve exhausted myself in a year. But I’m happy, of course. As for the Olympics, now it’s up to the IOC to invite me or not, if they invite me, then I’ll go, of course,” said "R-Sport" Olympic champion Games in Sochi skeletonist Alexander Tretyakov.
“I’m happy that all charges were dropped from me, the mountain fell off my shoulders. I’m very happy now. It’s a shame for the guys who were left - as many as 11 people. But I still won’t go to the Olympics, I don’t pass the quota. We have only two I won’t watch the Games themselves, now I have a very strange attitude towards them, ”skeletonist Olga Potylitsyna admitted to the Championship.
“I’m happy, as if I won this medal once again,” Yelena Nikitina, the bronze medalist of the 2014 Games in skeleton, told Sport-Express. “We were waiting for such a decision. since facts were taken into account, not conjectures. Of course, there is no evidence of our guilt and there could not be. Here is the result."
“From the very beginning we insisted that our athletes were not involved in any doping fraud, and, of course, now we are just happy that their good name was restored by the court and all awards were returned to them,” Interfax quotes the head of the Olympic Committee Russia Alexander Zhukov.
"Boys and all of us are happy that justice has finally been served. Today's CAS rulings confirm that many of those who have been accused are clean athletes. The athletes who fought for their rights and finally won are certainly happy and We are looking forward to continuing their careers and hope that the IOC will accept the decisions of the CAS and grant them the unconditional right to participate in the upcoming Olympic Games," Russian Sports Minister Pavel Kolobkov told TASS.
“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 should continue. And we hope that, of course, these actions will continue. ", - RIA Novosti quotes the reaction of the press secretary of the President of the Russian Federation Dmitry Peskov.
The next step should be lawsuits in civil courts.
Chairman of the Committee State Duma By physical culture, sports, tourism and youth affairs, Mikhail Degtyarev called on athletes and coaches to continue defending their honor by filing defamation and dignity claims in civil courts.
“The restoration of the rights of some of our athletes gives them a chance to take part in the Olympic Games in Pyeongchang, and we hope for new victories and medals. 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," he told Sport-Express.
News, 15:05 01.02.2018
CAS sends a signal to the IOC: experts comment on the decision of the court in Lausanne
Context
MOSCOW, Feb 1 - RAPSI, Diana Gutsul.
On Thursday, CAS fully granted 28 and partially granted 11 of 39 complaints. Russian athletes, who were banned for life from participation in the Olympic Games in connection with suspicions of doping, the court said in a press release. The court considered each of the cases individually and fully satisfied the complaints of 28 athletes, recognizing the evidence collected in relation to them as insufficient. At the same time, CAS agreed with the accusations against 11 athletes, but decided to cancel the life ban and limit themselves to a ban on participation in upcoming games In Korea.
Not a single report
Lawyer Artem Patsev, who represents the interests of Russian athletes in court, believes that today's decision confirms the lack of support from independent arbitrators of the IOC approach.
“Apparently, the CAS arbitrators thereby call on the IOC to be guided by the fundamental principles of Olympism and the legal principles enshrined in the Olympic Charter when making decisions. This is such a clear and powerful signal from the highest authority that a free interpretation of the charter is unacceptable. I hope the IOC approach will change, and guys who are acquitted will receive an invitation to the games in an expedited manner and will be able to go there and perform," Patsev told RAPSI.
Lawyer Svetlana Gromadskaya recalls that when considering complaints, the court examined evidence in relation to each athlete, including the report of Grigory Rodchenkov (Director of the Federal State Unitary Enterprise "Anti-Doping Center" - approx. RAPSI). "Obviously, the evidence presented by the Russian side was enough to conclude that our athletes were not involved in the charges. Of course, this decision indicates a positive trend. I really hope that our athletes will still be in time for the games. The IOC's decision initially raised questions. It is good that it is not final, and there is a court that is guided by the principle of individual responsibility.Moreover, it raises the question of how, in general, the figure of Rodchenkov inspires confidence.The court is not bound only by his report and the McLaren report (Richard McLaren - approx. RAPSI), I'm sure now everyone has a chance to prove their innocence," Hromadska said.
Without guilt or punishment
Lawyer Maksim Rovinsky notes that the decision of the appellate court has nothing to do with whether there was a doping support system in Russia or not. “The court considers each case individually and the evidence on a case-by-case basis, so we see that the principle of collective responsibility in the Lausanne court did not find support, this is very important. And this suggests that all athletes who were sanctioned should try to appeal to the courts of sports jurisdiction. This is an example for our other athletes, filing appeals is not hopeless, "said the expert.
In turn, lawyer Aleksey Melnikov is convinced that the whole situation with the removal of Russian athletes from participation in competitions was clearly political in nature and, from the point of view of law, did not initially seem to be sufficiently justified.
“The arguments of sports organizations sounded extremely unconvincing from the point of view of the law. It was not about individual claims, but the collective imputation of guilt to a whole group of athletes, which is unacceptable in law, since the Latin principle “no guilt - no punishment” applies. complete justification, the court considered it absolutely insufficient to simply mention someone somewhere. Sorry, but this is such a joke: “One thing is written on the fence, and there is firewood.” Evidence is specific documents, analyzes, or at least testimonies. And is it possible in this case to consider the testimony of one fugitive and offended official, who also organized everything himself, sufficient? (Rodchenkova - approx. RAPSI) I think they are extremely insufficient. His testimony is generalizing, he speaks about "all" and "many". In the case of partial satisfaction of complaints, I think that the principle of equality was violated. It turned out that Canadian or Norwegian athletes, who were once convicted of the same violation, now, after the expiration of the term, will be able to participate in the games, and Russian athletes are deprived of this right for life? This is a discriminatory approach based on nationality, it is unacceptable. The court is for that and the court is to see if there is a situation when an athlete maliciously uses doping, or a situation where a substance is found in the tests, but the substance entered the athlete’s body by accident,” Melnikov explained.
According to the expert, the decision of the court in Lausanne is legal, and therefore it can be welcomed. "This confirms that not everyone is ready to spit on the law just to please the political situation," Melnikov concluded.
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The decision of the Court of Arbitration for Sport (CAS) in Lausanne on the complaints of Russian athletes is a clear signal to the International Olympic Committee (IOC) about the inadmissibility of a free interpretation of the charter, according to experts interviewed by RAPSI.
15:05 01.02.2018
How will it look like:
The decision of the Court of Arbitration for Sport (CAS) in Lausanne on the complaints of Russian athletes is a clear signal to the International Olympic Committee (IOC) about the inadmissibility of a free interpretation of the charter, according to experts interviewed by RAPSI.
WADA criticized the decision sports arbitration for Russian athletes. Officials even allowed an appeal against this verdict. Thus, the agency supported the position of the International Olympic Committee, which stated that the CAS decision "could seriously affect the future fight against doping." The lifting of sanctions against Russian athletes has become one of the main topics in the world press. How foreign media evaluate the decision of the Court of Arbitration for Sport in Lausanne - in a review of the foreign press on Kommersant FM.
"The decision of the arbitration court in Lausanne plunges Olympic movement into chaos on the eve of a major international sporting event”, writes the British The Guardian. There are many questions about CAS: “It seems that the cases of Russian athletes were treated as ordinary cases of doping, that is, each was investigated individually. At the same time, the court did not take into account the state scale of the doping scam in Russia. Obviously, this court decision gives Russia a powerful argument in the propaganda war, ”the publication concludes.
“The Olympic movement is in a swamp,” writes the German Frankfurter Allgemeine Zeitung. “Assessing only the personal responsibility of athletes, without taking into account the state scale of doping violations in Russia, shows that the struggle of international sports associations with a well-organized state doping system is completely ineffective.”
“The CAS decision is another blow to the leadership of the International Olympic Committee,” writes The New York Times. “Clean sport is dead,” Jim Walden, Grigory Rodchenkov’s lawyer, quotes the publication. According to him, such a position of the court justifies fraudulent athletes and demoralizes honest athletes. But most importantly, it shields the Russian doping system.
“At WADA, the Lausanne verdict has raised serious concerns,” writes The Washington Post. Independent expert Richard McLaren said he would cause dismay and frustration among other athletes. The agency supports the IOC's intention to carefully review these CAS decisions and is considering all options, including an appeal to the Swiss Federal Court, he said.
Artem Patsev, sports lawyer:
The Supreme Court of Switzerland does not consider substantive issues - issues of evaluation of evidence, sufficiency of evidence, and so on. The only reason to apply to the Swiss Supreme Court with an application to cancel the CAS decision is a gross violation of some procedural rules, which, obviously, did not exist and could not exist in this case. And I honestly don't see any realistic chance of a successful appeal in this case.
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The main news that not only our athletes, but also fans, and even people who are far from sports have been waiting for, came today from the International Court of Arbitration. He fully justified 28 Russians, whom the IOC had previously suspended for life from the Olympics, deprived of the medals won in Sochi. Among them are our titled skiers Alexander Legkov and Maxim Vylegzhanin, skeletonists Alexander Tretyakov and Elena Nikitina, speed skater Olga Fatkulina. Sanctions were partially lifted from another 11 athletes: the life suspension was replaced by inadmissibility only for the next Olympics in South Korea. But will those who now have no complaints be able to go there? It's not all that simple here.
The Lausanne Court of Arbitration for Sport announced its decision in Pyeongchang. From today, for the duration of the Olympics, its mobile branch is starting to work there, which will consider the cases of athletes in an accelerated mode.
“The appeal is upheld. Sanctions canceled” – this line from the press release of the court means that most of our athletes accused by the IOC of manipulating doping samples are acquitted.
“In 28 cases, it was determined that the evidence collected was not sufficient to establish that the athletes had indeed committed anti-doping rule violations. We satisfied the appeals of 28 athletes, lifted their sanctions and restored their results of the 2014 Games in Sochi,” said CAS Secretary General Matthew Reeb.
Thus, the court did not accept the arguments of the IOC, which back in 2016 created two commissions that studied the data of Richard McLaren's investigation into doping in Russian sports. One of the commissions under the leadership of Denis Oswald was engaged in rechecking the doping samples of the participants in the Sochi Olympics. As a result, the IOC announced a life-long suspension from the Games of dozens of our athletes. 39 of them filed suits with the Court of Arbitration for Sport. To date, 28 people have won cases.
Press Secretary of the President of Russia Dmitry Peskov said that the issue of participation of acquitted Russian athletes in the games in South Korea will be discussed with the International Olympic Committee. According to him, Russia "will continue the peaceful legal battle for the interests of our athletes." And the Prime Minister of Russia said the same thing today at a government meeting.
“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 is very important from the point of view of the future of the athletes themselves and from the point of view of organizing work in elite sports in our country. It is necessary that fully rehabilitated athletes be able to take advantage of all the opportunities that are open to them as a result of this court decision. And we wish all our athletes great success at the Olympics in Korea,” Dmitry Medvedev said.
Sports lawyers consider the decision of the arbitration court only the beginning of a long journey to fully justify our athletes and the whole Russian team, which the IOC forced to compete at the Games in Korea not under the national flag.
“The guys who participate in the competitions themselves are, of course, ready and want to participate in the Olympic Games. Another thing is that back in January, the IOC repeatedly expressed its position, which boils down to the fact that the IOC does not see a direct connection between the issuance of invitations to Olympic Games with the result of the proceedings on these complaints,” said sports lawyer Artem Patsev.
The reaction of the IOC itself to the decision of the court was predictable. The International Olympic Committee has already stated that it still does not consider our athletes innocent and does not exclude the possibility of continuing trials already in the Swiss tribunal.
“The CAS decision does not mean that 28 athletes will be invited to the Games. The absence of sanctions does not automatically confer the privilege of an invitation. In this context, it is also important to note that at his press conference, the CAS Secretary General insisted that the court's decision "does not mean that these 28 athletes are declared innocent," said Mark Adams, spokesman for the International Olympic Committee.
Nevertheless, our athletes, who have never been seen in violation of anti-doping rules, whose accusation was based only on the testimony of one witness who fled to the United States, the former head of the Russian Anti-Doping Laboratory, Grigory Rodchenkov, do not hide their joy from such a decision of the Swiss Arbitration Court of Sport.
“Of course, I am very happy, glad that CAS made such a decision, that he listened to us, accepted our arguments, our facts and sorted out the situation. Because the Olympic medal in Sochi was returned to me, my good name. This is very important to me and I'm glad. I don’t know how the IOC will continue to act,” says skeletonist Alexander Tretyakov.
“That's probably all, this is the business of life, what I do. And when you are accused like that, it is, of course, very unpleasant, and everything collapses for you, and the road to the upcoming main starts is closed. Now it's all back to square one. Let's hope that we will still get to these Olympic Games,” said Elena Nikitina, bronze medalist of the 2014 Olympic Games in skeleton.
Alexander Tretyakov, the IOC is obliged to return gold medal Sochi Games, his colleague Elena Nikitina - "bronze", and skier Nikita Kryukov - "silver".
“I am very glad that all this slander that poured on us, on me, she nevertheless stepped aside, and our best Olympic Games in Sochi, which were in 2014, and the country won, after all, we they proved to everyone that these were fair and correct games, ”said the athlete.
Thus, after the court decision, Russia regained not only the entire Olympic podium on the 50-kilometer cross-country skiing in Sochi, but also the first place in the unofficial team standings of the 2014 Olympics, which the IOC tried so hard to deprive our country of.
