Kamila Valieva: Anti-doping Case and Follow-ups

[gsk8]

Before next Tuesday or they'll just make a ban/no ban decision by next Tuesday and investigate the rest of it later?

It's a legal issue now and could take weeks, months, or even longer.

In accordance with the All-Russian Anti-Doping Rules and the World Anti-Doping Code, the decision of the Disciplinary Anti-Doping Committee of RAA RUSADA to lift a provisional suspension may be appealed by interested parties to the Court of Arbitration for Sport in Lausanne (CAS).

Thus, at present, the Athlete has the right to train and take part in competitions in full without restrictions until the Court of Arbitration for Sport decides otherwise regarding her status in relation to the Olympic Games.

In any case, on the merits of a possible anti-doping violation, a disciplinary investigation will be conducted by RAA RUSADA in accordance with the applicable rules in the prescribed manner.

 

[BlackAxel]

ROC statement : I am not sure why they talk about the time the test was taken. It really doesn't matter? My understanding about anti-doping violation is that once an athlete receives a positive test, they will be suspended provisionally until the length of the ban is decided. That ban applies retroactively to the date of the positive test, in this case December 25, 2021. Then, all results are wiped out. So Euro title and Team event results would be nixed. So.unless there is something II do not understand, the ROC argument doesn't mean much in terms of anti-doping law.

It appears as if ROC is making a case for the OGM for the Team Event. Notice how nothing is mentioned about the sole positive test. Instead they want to prove that she was clean at Euros and during the Olympics.

 

[Pereiro]

they want to prove that she was clean at Euros and during the Olympics.

There is nothing to prove, it is a fact.

 

[4everchan]

It appears as if ROC is making a case for the OGM for the Team Event. Notice how nothing is mentioned about the sole positive test. Instead they want to prove that she was clean at Euros and during the Olympics.

Yup... that's how it reads but it makes no sense to me in terms of how anti-doping law works.. but again, I am no expert. I guess, you find the arguments you can find when this happens but testing negative afterwards means nothing... of course at one point, a drug will no longer be detectable... that's the whole point of out of competition testing... ... but the distraction will not mean much to those who manage these cases.

 

[gsk8]

According to the ISU and International Testing Agency (ITA) statement, ISU and the International Olympic Committee (IOC) are going to the Court of Arbitration for Sport (CAS) to get the suspension reinstated. However, what makes this complicated is that the Russian Anti-Doping Agency (RUSADA) is arguing that that they are in charge and that they will conduct the investigation.

The IOC will exercise its right to appeal and not to wait for the reasoned decision by RUSADA, because a decision is needed before the next competition the athlete is due to take part in (Women Single Skating, 15 February 2022).

Please refer to the original post that has all statements in the time-line they were posted.

 

[zanadude]

Only in the Mickey Mouse event.

Whatever your opinion of it, she skated in the Olympics.

One person that didn't and won't skate in these Olympics in any capacity is Tuktamysheva, who presumably has never failed a drug test and was more than capable of taking the place of a doping offender in these Games.

 

[BlackAxel]

There is nothing to prove, it is a fact.

So then the positive test is indeed a fact that Kamila doped?

 

[moonkat]

Whatever your opinion of it, she skated in the Olympics.

One person that didn't and won't skate in these Olympics in any capacity is Tuktamysheva, who presumably has never failed a drug test and was more than capable of taking the place of a doping offender in these Games.

If anything, I heard Tuktamysheva smokes.

 

[BlackAxel]

Yup... that's how it reads but it makes no sense to me in terms of how anti-doping law works.. but again, I am no expert. I guess, you find the arguments you can find when this happens but testing negative afterwards means nothing... of course at one point, a drug will no longer be detectable... that's the whole point of out of competition testing... ... but the distraction will not mean much to those who manage these cases.

The chances of Kamila winning OGM is slim at this point. She will be suspended and pulled from the individual event (hope this will be the case) or she will completely implode (understandable considering the stressful conditions). I think ROC is doing all they can to retain the Team Event OGM. If Kamila doesn't skate in the individual event, they have Anna and Sasha to fight for the OGM.

 

[gsk8]

So then the positive test is indeed a fact that Kamila doped?

She tested positive, but the reasoning for ingesting it has not been given and is "under investigation."

 

[gsk8]

The problem is that the matter just cannot be resolved quickly enough to determine if she "guilty" or "innocent." If she is banned from the Olympics, and is later found innocent, that would open up another can of worms. If she competes and medals, that also creates an issue. It's a Catch-22.

 

[Imagine]

This was not how I imagined World War 3 starting this year.

 

[kolyadafan2002]

People who say TMZ was given for medical reasons:
Do you suggest that Eteri is risking the life of an athlete if Kamila has this heart condition: if she truly needed banned medication, they can arrange an official exception.

 

[Pereiro]

It became known who will represent Valieva's interests in CAS

According to Match TV, the interests of the Russian figure skater in the Court of Arbitration for Sport (CAS) will be the Swiss law firm Schellenberg Wittmer Ltd.

Earlier, this company represented RUSADA in the case against WADA, as well as in the appeal against the IOC decision on the lifetime suspension of a number of Russian athletes from participating in the Olympics.

 

[anonymoose_au]

The problem is that the matter just cannot be resolved quickly enough to determine if she "guilty" or "innocent." If she is banned from the Olympics, and is later found innocent, that would open up another can of worms. If she competes and medals, that also creates an issue. It's a Catch-22.

I'm not sure... remember Sasha and Ivan? They were in line to go to 2018, but were mysteriously not invited by the Korean Olympic Committee, no reason was ever given and Sasha and Ivan just had to take it.

It's weird that CAS needs to hear an appeal, what possible appeal could there be? Unless the "B" sample has already been tested and come back negative the ROC don't have a leg to stand on.

 

[Sjs5572]

There is nothing to prove, it is a fact.

Yes, the samples were clean. It likely means that the half-life washed out any testable level of TMZ from her system.

 

[Sjs5572]

The problem is that the matter just cannot be resolved quickly enough to determine if she "guilty" or "innocent." If she is banned from the Olympics, and is later found innocent, that would open up another can of worms. If she competes and medals, that also creates an issue. It's a Catch-22.

Well, isn't that the case with the Iranian skier who was suspended? Regardless of when the sample was drawn, the principle is the same.

 

[Corwin]

The former acting director general of RUSADA Anna Antseliovich:

"RUSADA lifted Valiyeva's suspension because lawyers have proven a strong possibility that the adverse test result was caused by the use of a contaminated product." sports.ru

 

[bluemonday]

We should recall why Russia is participating in the Olympics as a ROC without using its own national flag and anthem.

 

[Sweet Dream]

I don't want to, but I have to say a few words on this shocking news:

It is her coach's greediness and ambition that is ruining her career. I once said it was very dangerous to exalt this girl to the skies, but I have never, ever expected to see such devastating scandal happening at the most important Event!!! This is too much to handle for a merely 15-year-old girl! Seems that the team gold medals and all the great efforts by her teammates are already gone with the wind... Really sad ending...