WADA and RUSADA arbitration: Anti-doping

gsk8

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Jun 21, 2003
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27 Oct 2020


Lausanne, 27 October 2020 - The hearing in the Court of Arbitration for Sport (CAS) arbitration procedure between the World Anti-Doping Agency (WADA) and the Russian Anti-Doping Agency (RUSADA) will take place from 2-5 November 2020 with strict measures due to the current sanitary situation.

In light of the travel restrictions and sanitary measures in place in Switzerland and in the Canton of Vaud due to the COVID-19 pandemic, the hearing will take place in a secured location in Lausanne, in a mixed format with the parties, legal representatives and expert witnesses attending either in-person or by video-conference. The hearing will not be public. For the above reasons, in-person access is strictly reserved to persons directly involved in the case. There will be no access for outside persons and no media briefings or press conferences will be organised by the CAS.

The procedure is being conducted by an Arbitral Panel composed of Judge Mark L. Williams, S.C. (Australia), President, Prof. Luigi Fumagalli (Italy) and Dr. Hamid G. Gharavi (France / Iran) (CoArbitrators).

At the conclusion of the hearing on 5 November 2020, the Panel will commence its deliberations and prepare the Arbitral Award. Accordingly, the decision will not be announced when the hearing concludes, but at a later date. A short statement will be issued by the CAS to confirm that the hearing has concluded.

Background

In January 2017, WADA issued reinstatement guidelines which set out a number of requirements that RUSADA had to meet in order to be reinstated as a compliant Signatory to the WADA Code. While some requirements were met, WADA alleges that others were not. Nevertheless, on 20 September 2018, WADA reinstated RUSADA with immediate effect, but with post-reinstatement conditions, namely that specific data extracted from the Moscow Laboratory (i.e. the “LIMS data”) and certain athlete doing-control samples be turned over for full and complete examination and re-analysis by WADA, failing which the WADA Compliance Review Committee (WADA CRC) would address such non-compliance in accordance with the terms of the International Standard for Code Compliance by Signatories (WADA ISCCS).

According to WADA, RUSADA did not comply with the post-reinstatement conditions. Therefore, on 21 November 2019, the WADA CRC issued a recommendation that WADA find RUSADA noncompliant with the post-reinstatement conditions and propose consequences for such alleged noncompliance.

On 9 December 2019, the WADA CRC recommendation of non-compliance was adopted by the WADA Executive Committee and WADA subsequently proceeded to propose certain consequences and reinstatement conditions on RUSADA.

On 27 December 2019, RUSADA denied any wrongdoing and rejected the asserted consequences and reinstatement conditions on the basis that they were unfounded, lacked legal basis, contravened fundamental principles of justice and fairness, including basic procedural rights and the rule of law, were contrary to Swiss law and violated the principle of proportionality.

The CAS procedure was subsequently initiated by WADA in accordance with the provisions of the World Anti-Doping Code and the WADA ISCCS following RUSADA’s refusal to accept the conclusions of the WADA CRC from 9 December 2019. In this CAS procedure, WADA, as the Claimant, seeks a finding of non-compliance by RUSADA and requests that a variety of consequences (and reinstatement conditions) be imposed on RUSADA, including, in particular, a prohibition against Russian athletes from competing in the Olympic and Paralympic Games (and other Major Events) unless they are able to demonstrate that they are not implicated in any way by the non-compliance; a prohibition against government representatives being appointed to boards, committees or other bodies of Signatories and/or participating in/attending the Olympic and Paralympic Games (and other Major Events); and a prohibition against Russia hosting the Olympic and Paralympic Games (and other Major Events) during a four-year period.

The International Olympic Committee (IOC), the International Paralympic Committee (IPC), the Russian Olympic Committee (ROC), the Russian Paralympic Committee (RPC), the Russian Ice Hockey Federation, the International Ice Hockey Federation (IIHF), the European Olympic Committees (EOC) and several Russian athletes have been admitted as intervening parties.

//end of statement//

This thread is a continuation from last year's thread. This information is being disseminated as an update - Please post respectfully or not at all.
 
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gsk8

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Hearing has concluded

Lausanne, 5 November 2020 - The hearing in the Court of Arbitration for Sport (CAS) arbitration procedure between the World Anti-Doping Agency (WADA) and the Russian Anti-Doping Agency (RUSADA) took place, as scheduled, from 2-5 November 2020.

In light of the travel restrictions and sanitary measures in place in Switzerland and in the Canton of Vaud due to the COVID-19 pandemic, the hearing took place in a mixed format with the majority of participants joining via video link.

The Arbitral Panel in charge of the arbitration will now deliberate and prepare the Arbitral Award containing its decision.

While it is difficult to predict exactly how long this process will take, it is anticipated that the Arbitral Award will be notified to the parties by the end of this year. Once the exact date is known, CAS will publish a short note on its website to advise when and how the decision will be announced.
 

gsk8

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Jun 21, 2003
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Lausanne, 16 December 2020 – The Court of Arbitration for Sport (CAS) will announce the decision taken in the arbitration procedure between the World Anti-Doping Agency (WADA) and the Russian Anti-Doping Agency (RUSADA) on Thursday, 17 December 2020.
 

Edwin

СделаноВХрустальном!
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Jan 5, 2019

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The CAS Panel unanimously determined RUSADA to be non-compliant with the World Anti-Doping Code (WADC) in connection with its failure to procure the delivery of the authentic LIMS data (Laboratory Information Management System) and underlying analytical data of the former Moscow Laboratory to WADA. As a consequence, the Panel issued a number of orders which come into effect on 17 December 2020 for a period of two years, i.e. until 16 December 2022.

The orders are reproduced in full in attachment to this media release.

The Panel’s orders include, inter alia, the possibility during the two-year period for any athlete or athlete support personnel from Russia to participate in or attend the Olympic and Paralympic Games (winter or summer) and any world championships organised or sanctioned by a WADA signatory, on the condition that they are not subject to a suspension imposed by a competent authority, that the uniform worn does not contain the flag of the Russian Federation and contains the words “neutral athlete”, and that the Russian national anthem is not played or sung at any official event venue.
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McBibus

On the Ice
Joined
Dec 7, 2019
so... who selects the "notrussian" athletes for international competitions?
Because if it's the russian fed (even in presence of a possible veto from the organizers) it's just cosmetic and totally pointless.

I appreciate that the intent to avoid the athletes to pay for something they are not involved.
This should have priority over countries litigations.
 

alexocfp

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Nov 28, 2020
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United-States
Without Russian athletes, the Olympic figure skating and ice hockey competitions are rendered useless.

WADA is in a tough spot. They need to allow clean athletes from banned countries or else they will be fighting lawsuits from here to eternity.

The same ban was in effect in the last Olympics. Didn’t make much of a difference.
 

Znowflake

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Dec 7, 2019
I mean what is the point? We all know Athletes representing Russia are Russians. They should just punish those involved/who have made offences and leave the rest of the athletes alone and let them represent Russia. They have worked so hard for this...
 
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SnowWhite

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Nov 30, 2016
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Canada
Without Russian athletes, the Olympic figure skating and ice hockey competitions are rendered useless.

WADA is in a tough spot. They need to allow clean athletes from banned countries or else they will be fighting lawsuits from here to eternity.

The same ban was in effect in the last Olympics. Didn’t make much of a difference.
Hockey? Well, not really. The Russians have never medaled in women's hockey, and the only recent Olympics that the Russian men have medaled at was 2018, where the NHL players didn't compete, and they are competing at the next games. Before that it was bronze in 2002. Not having NHL players is a way bigger asterisk than potentially not having a Russian team.
 

Mathman

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Jun 21, 2003
... 100% sure that no Russian skater will go to a tournament to insult their nation by winning gold and be humiliated on the podium so that their flag is not displayed. don't even sing their anthem ...
I think it will be the same as last time. Russian athletes were not happy about it, but they still fielded an Olympic team and were pleased to win medals. "Punishing" someone by saying, "You can participate but you can't sing your national anthem" is toothless and kind of silly, to me.
 

McBibus

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Dec 7, 2019
no Russian skater will go to a tournament to insult their nation by winning gold and be humiliated on the podium so that their flag is not displayed. don't even sing their anthem ...

Last Olympics proved you wrong.
You're basically stating that a skater will care more for his country that for himself.
A skater who worked years for an olympic chance will take it.
It's not that they will be asked to compete for another nation (that could be an ethical and identity problem)

Nobody will ask them to abujre their country.
Everybody knows they are russian, representing russia under a neutral flag.
That's why I think russian skaters should be allowed only under ISU/CIO invitation and russia should not be allowed to select "notrussian" athletes.
Also, there shoul be no "notrussian" teams on team events.

It's sad anyway because current skater/athletes have noting to do with this story
We should just be grateful that WADA put athletes' right to compete in front.
 

rollerblade

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Jan 12, 2014
When did Medvedeva become a he? Seeing the ladies field is so over crowded, can Medvedeva skate in the men's event? She could out-PCS Samarin for sure.
 

Mathman

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Jun 21, 2003
When did Medvedeva become a he? Seeing the ladies field is so over crowded, can Medvedeva skate in the men's event? She could out-PCS Samarin for sure.
The Russian language does not use gendered pronouns corresponding to "he" and "she." This ambiguity often creeps in when translating programs are used.

Anyway, as to the threat of filling someone's computer with ransomware if that person fails to be sufficiently enthusiastic about the Fatherland, you know the old saying: "Patriotism is the last refuge of a scoundrel." Love Russia, hate Medvedeva -- it follows as night the day.
 
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