Lausanne Court of Arbitration for Sport (CAS) reduces Russia's suspension from 4 to 2 years

scpa BERTRAND
23.12.20 00:05 Comment (s)
Court of Arbitration for Sport TAS-CAS

In its sentence of December 17, 2020, the CAS declared the suspension of Russia from all international competitions (Olympics and world championships) for a period of two years (i.e. until December 16, 2022) due to non-compliance of the Russian Anti-Doping Agency (RUSADA) with the World Anti-Doping Code.

Facts and procedure

This sentence comes after the denunciation of a vast case of institutionalized doping in Russia.

" The December 3, 2014, a few months after the Olympic Games in Sochi, a German television channel (ARD) revealed the existence of state doping in Russian athletics, which would be covered by national authorities.

" The November 9, 2015, Canadian lawyer Richard Pound (WADA's first president between 1999 and 2007) publishes a damning report for the World Anti-Doping Agency (WADA) denouncing a widespread doping system in Russia.

In response to these statements, WADA suspended the Russian Anti-Doping Agency (RUSADA) on the one hand, and the International Athletics Federation (IAAF) suspended the Russian Athletics Federation (RUSAF) on the other.

In this continuity, WADA charged an independent commission to investigate the matter, headed by Canadian lawyer Richard McLaren, who unveiled the first conclusions in July 2016 :

The Russian state would have participated in concealing a vast organized doping system, especially during the Olympic Games in Sochi, which confirms the revelations of Grigory Rodchenkov (former director of the Moscow and Sochi laboratories).

»The final report is published in December 2016 and reveals in particular how thousands of samples were handled at the 2014 Olympics and how the Russian sports ministry intervened to " whitewash »Positive controls.

In consideration of this report, WADA recommends banning Russia from the Rio 2016 Olympics, which is however refused by the IOC. Thus, 276 Russian athletes are authorized to compete, except in athletics.

" In December 2017, the IOC Executive Board is firmer and decides to suspend Russia for the Olympic Winter Games Pyeongchang 2018 while authorizing the athletes " own "To compete under a neutral banner (" russian olympic athletes ").

" The September 20, 2018, WADA decided to lift the suspension of RUSADA on condition of being able to access the database of the Moscow anti-doping laboratory before December 31 of the same year.

» Early 2019, Russia thus transmits to WADA the data of the doping controls carried out by its national agency between 2012 and 2015 (Laboratory Information Management System). The data collected allows the identification of nearly 300 Russian sportsmen suspected of doping.

»WADA decides on December 9, 2019 to suspend Russia for 4 years from all participation in major international events (Olympic Games 2020 and 2022, Football World Cup 2022), due to the Russian Anti-Doping Agency's non-compliance with the World Anti-Doping Code and the falsification of the data provided to WADA.

" The December 27, 2019, the Russian Agency formally contested this decision.

" The 9th January 2020, WADA lodged a request for arbitration with TAS, declared admissible by the Panel of the Arbitral Tribunal. 

Lausanne Sport Arbitration Code

The sentence of December 17, 2020 of the CAS

Due to RUSADA's non-compliance with the World Anti-Doping Code, Russia will not be able to participate in the main international competitions of the December 17, 2020 to December 16, 2022. The Panel of Arbitrators thus reduced from 4 to 2 years the suspension of Russia initially requested by WADA.

This reduction is explained in particular by the appreciation of “ consequences "Of the accusations against Russia, judged" not as important as WADA wanted ».

Competitions subject to suspension include all World's Championships organized by a signatory country of the Anti-Doping Code as well as Olympic Games which will take place during this period (Tokyo in 2021 and Beijing in 2022). In addition to the prohibition to compete, the ban on organization of one of these competitions by Russia.

Participation under conditions

This award nevertheless allows Russian athletes to participate in these competitions provided however:

  • Not to be suspended for doping,
  • To have equipment without Russian flag or distinctive signs (the word Russia may appear there provided it is accompanied by the word "neutral"),
  • To compete under a neutral banner (the athlete will therefore not be able to display with the flag or other distinctive signs of Russia),
  • Not to play the Russian anthem in the event of a medal won by an athlete.

Moreover, to be considered again as signatory in accordance with the Global Code, RUSADA must in particular satisfy, before the expiry of this two-year period, the following reinstatement conditions: 

  • - Pay WADA the sum of $ 1.270.000, to cover the costs of investigation incurred in the processing of data collected from the Russian laboratory,
  • - Correct all the falsifications made to protect doped athletes,
  • - Continue to provide WADA with data allowing the prosecution of Russian athletes who allegedly violate the World Anti-Doping Code.

Finally, the CAS press release remains silent regarding:

  • The terms of application of the suspension to team sports (this is how the Russian Ice Hockey Federation declared that the national team will take part in the next World Championships in 2021 and the Olympic Games in 2022);
  • The issue of participation of Russia in the next FIFA World Cup (which should end two days after the expiration of the two-year suspension period).
WADA

The World Anti-Doping Agency expressed its satisfaction following the decision of the CAS, despite the reduction of the suspension from 4 to 2 years:

« WADA is happy to have won this landmark case, said WADA President Witold Bańka. We have not overlooked any detail in our investigation of this complex case and in the presentation of our case to the CAS. The panel clearly confirmed our findings that Russian authorities brazenly and illegally manipulated data from the Moscow lab in an effort to cover up an institutionalized doping pattern. In the face of resistance and denial from Russia, we have clearly proven our case by following the rules. As such, this judgment is an important moment for clean sport and athletes around the world. » 

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