CAS completely reversed the decision in respect of 28 athletes, finding an unproven anti-doping rule violation by them (see the sidebar for a list of athletes). The appeals of another 11 athletes were partially satisfied: the court found them violating anti-doping rules at the Sochi Olympics. The decision to deprive the Sochi medals (two gold in bobsleigh) remained in effect, but the lifelong disqualification was replaced by a suspension only from the next Games in Pyeongchang. The second list includes bobsledders led by retired leaders of the national team Alexander Zubkov and Alexei Voevoda, as well as three skiers and three hockey players. The consideration of the appeals of three athletes - who have also retired biathletes Olga Zaitseva, Olga Vilukhina and Yana Romanova (they won two silver medals in Sochi) - has been postponed and will be considered after the Olympics in Korea. Another athlete suspended on the basis of data from the Oswald Commission - bobsledder Maxim Belugin - did not appeal to CAS. Thus, the cases of almost all athletes who suffered during the doping scandal after the Sochi Olympics were considered.
Why CAS overturned the IOC decision
The reasons for the decision will be stated in the motivation part, which has not yet been published. The operative part of the judgment emphasizes that the evidence of anti-doping rule violations collected by the IOC and WADA in relation to 28 disqualified athletes is considered by CAS to be insufficient to apply sanctions to them. Following the publication of the CAS verdict, the Olympic Committee issued a statement in which the IOC laments the "high CAS threshold for admitting evidence submitted." According to IOC officials, this approach of the court could negatively affect the fight against doping, which is being conducted by the IOC. After the publication of the reasoning part of the verdict, the IOC will consider the possibility of applying to the Swiss Federal Tribunal with a cassation appeal.
But the CAS decision is final, and the IOC can appeal to the Swiss Tribunal only for violations of a procedural nature, if any, sports lawyer Mikhail Prokopets explained to RBC.
CAS is the highest legal authority in sports. The Court of Arbitration for Sport was established in 1983 on the initiative of the ex-President of the IOC Juan Antonio Samaranch, its powers of the highest arbitration court in world sports are recognized by the IOC, sports federations and WADA. The Court is in particular empowered to revoke disciplinary sanctions approved by national and international federations up to the IOC.
What does the CAS verdict mean?
The cancellation of the IOC's decision to disqualify Russian athletes means that they will be lifted from the Olympic Games for life, and the medals won in Sochi will be returned.
As a result of the Games, Russian athletes took a confident first place, having won 33 medals (13 gold, 11 silver and nine bronze). However, after the decision of the IOC, the Russian national team dropped in the overall standings to the fourth position with 20 medals (of which ten were gold), and thus Norway became the winner of the Games.
The return of medals once again changes the alignment in the team classification of the 2014 Olympic Games. Nine awards will be returned to Russian athletes: two gold (skeleton player Alexander Tretyakov and skier Alexander Legkov), six silver (three in cross-country skiing, one in speed skating, two in luge) and one bronze (in skeleton).
Thus, Russia regains the final first place in the Sochi Games with 29 medals (11 gold, nine silver, nine bronze). Norway returns to second - the Norwegians also have 11 gold medals, but the total is less - 26 awards. In case of a positive decision regarding the biathletes, Russia will be able to return two more silver awards.
Whom CAS justified
By the decision of CAS, the following are fully justified: bobsledders Dmitry Trunenkov, Alexey Negodailo, Olga Stulneva, Lyudmila Udobkina; skeletonists Alexander Tretyakov, Sergey Chudinov, Elena Nikitina, Olga Potylitsyna, Maria Orlova; skiers Alexander Legkov, Evgeny Belov, Maxim Vylegzhanin, Alexey Petukhov, Nikita Kryukov, Alexander Bessmertnykh, Evgeniya Shapovalova, Natalia Matveeva; speed skaters Olga Fatkulina, Alexander Rumyantsev, Ivan Skobrev, Artem Kuznetsov; lugers Tatyana Ivanova, Albert Demchenko; hockey players Ekaterina Lebedeva, Ekaterina Pashkevich, Tatiana Burina, Anna Shchukina, Ekaterina Smolentseva.
Will athletes be able to go to Pyeongchang
The decision of the CAS does not automatically mean that the athletes who have been restored to their rights will enter the Olympics, said Sergei Alekseev, head of the Russian Lawyers Association's commission on sports law, in an interview with RBC. “There is no direct connection between the court decision and the invitation to the Olympics. It remains at the discretion of the IOC commission, ”he explained. According to Alekseev, acquitted athletes can file claims for the protection of honor and dignity, compensation for moral damage in connection with inaccurate information from the IOC and the WADA commission.
Many of the athletes restored to their rights want and are ready to compete at the Olympics, the lawyer of Russian athletes Artem Patsev told RBC. “Now they only think about it, and we will deal with the protection of honor and dignity obviously after the Olympic Games. Now it is urgent to enter into a dialogue with the IOC regarding the issuance of invitations to the children, since the grounds for their removal have disappeared, ”the lawyer said. Sports Minister Pavel Kolobkov called the CAS decision "a triumph of justice" and said that the IOC, on the basis of the court's verdict, should grant the acquitted athletes "the unconditional right to participate in the upcoming Olympic Games."
“Now the Russian Olympic Committee will send a letter to the IOC with a proposal that they declare our athletes to participate in the Games, and we will await the IOC's decision. We really hope that the IOC will make a decision in favor of the athletes who have earned the right to participate in the Olympics, ”said Kolobkov.
The IOC does not agree with this approach. Removing the disqualification from individual athletes does not mean lifting the disqualification from the Russian Olympic Committee. The Russian national team has been barred from participating in the Olympic Games in Korea, and the decision on who to invite to the Olympics and who not remains in the competence of the IOC commission, which agreed on the list of invited Russians on January 27, the IOC statement underlines after the CAS verdict was announced.
In addition to the athletes justified by CAS, who appeared in the report of the Denis Oswald commission, the IOC did not agree on an invitation to the Olympics in Pyeongchang for several dozen other Olympians from Russia who had never appeared in doping scandals. In particular, the leaders of the national team - skier Sergei Ustyugov, skaters Yekaterina Shikhova and Denis Yuskov, biathlete Anton Shipulin and six-time Olympic champion in short track Viktor An - did not receive invitations. Officials of the Olympic Committee of their denial of "the slightest suspicion" of involvement in the manipulation of doping. These athletes are preparing documents for submitting an application to the CAS, a spokesman for the Ministry of Sports explained to RBC.
All athletes who will not be allowed to participate in the Pyeongchang Olympics by the IOC decision will be able to take part in alternative competitions that will be held in Sochi in parallel with the Korean Olympic Games. President Putin has already "provided bonuses in the amount of the Olympic Games based on the results of these competitions." For the gold Olympic medal, the state pays the athlete a prize of 4 million rubles. 500 athletes can take part in the "alternative Olympics".
The CAS decision enables the lawyers of Russian athletes to continue the fight for the restoration of their rights in civil courts. The possible exclusion of athletes acquitted by the CAS from the Olympic Games in Korea will also be challenged in the courts based on the CAS verdict.
On Thursday, February 1, Russian athletes will send requests to the IOC to receive an invitation to the Olympics in South Korea, Olympians' lawyer Philip Burch told RBC. “We will ask for invitations today. The appeal process [to the CAS] was conducted precisely with the aim of obtaining decisions before the Olympic Games. The athletes are clean now and should be invited, ”he said.
Birch emphasized that the IOC can either send invitations or refuse 28 athletes. “If there is a refusal, then we will determine what we will take further actions,” the Olympians lawyer clarified.
Sports Minister Pavel Kolobkov did not rule out that a lawsuit could be sent to the court to recover monetary compensation from Russian athletes for damage caused by false accusations. “Athletes and lawyers will study this possibility, it cannot be ruled out,” he explained.
The CAS decision in favor of Russian athletes dealt a severe blow to the IOC, sports lawyer Mikhail Prokopets told RBC. “This is very serious, given that people's fates and careers are at stake. The CAS decision says that there is no evidence of athletes' guilt. The IOC prepared these processes with such fervor, they had enough time to study the evidence, conduct all the necessary examinations, interrogate Grigory Rodchenkov and Richard McLaren, ”the lawyer said.
Whether the IOC's arguments were “fantasies and guesses”, he said, will become known after the publication of the reasoning part of the decision.
At the same time, the lawyer notes that not all the conclusions of the Oswald commission were unfounded, because "at least a third of the athletes, the charges were still confirmed." Justified athletes, in his opinion, can recover moral and material damage from the IOC. “If they do not make it to the Olympics or have already missed commercial competitions, they need to seek the truth in every possible way. Moreover, the state financially supports athletes in litigation, and it is necessary to try until the very end to restore the damaged reputation and compensate for the financial damage, ”Prokopets is sure. The amount of penalties, he said, depends on the legislation of the countries where the claims will be considered, and on each specific case.
Whom CAS justified
In August 2016, on the eve of the Summer Games in Rio de Janeiro, the Court of Arbitration for Sport (CAS) sided with Russian athletes in a dispute with the International Olympic Committee. The CAS disagreed with the IOC criterion that previously doping athletes were not allowed to compete, even if they had served a suspension. The list of those who received permission to participate in the Games included, for example, the swimmer Yulia Efimova, who eventually won two silver medals in Rio.
Also, before the Games in Rio, CAS made a positive decision on the complaint of athlete Daria Klishina. At first, the International Athletics Federation allowed Klishina to compete, but later canceled such a decision, citing new information on her case. CAS ended up in Rio with a Russian athlete.
In November 2017, sports arbitration acquitted Russian hockey player Danis Zaripov, whose doping test was found to contain the banned pseudoephedrine, and reduced his suspension from two years to six months. The court found that the athlete did not use doping on purpose, but was the victim of an accident.
In January 2018, CAS refused to disqualify American Olympic champion Rio 2016 in running (4x100 relay) Gil Roberts for using banned probenecid. The athlete managed to prove that the drug entered his body through the kiss of a girl who used it as a medicine for infection.
Pitchen Gilles (lic.iur) - Partner of the Sports Law Commission of the Russian Bar Association in Switzerland, Professor of the Department of Swiss and International, Commercial and Economic Law named after I. Professor Peter Nobel of the University of Zurich.
1. Development and legal background of CAS
The growing importance of sports in the 1980s caused a steady increase in the number of legal disputes in the field of sports. In these circumstances, the national courts could no longer satisfy the rapidly growing need for the prompt and independent resolution of sports legal disputes. Difficulties have arisen in ensuring effective and prompt resolution of disputes at the international level. The desire to harmonize international judicial practice under the motto "the same games - the same rules" required the introduction of a homogeneous international legal procedure. International sports disputes had to be resolved by qualified professionals in the shortest possible time and with minimal cost.
Thus, under the auspices of the International Olympic Committee (IOK), the Court of Arbitration for Sports (known to all as CAS) was established in 1984 with headquarters in Lausanne. The official status and independence of the CAS were recognized by the decision of the Swiss Federal Court<1>... However, the staffing and financial closeness to the International Olympic Committee was criticized, so the International Olympic Committee reorganized and founded the International Council of Arbitration for Sport (ICAS), the legal form of which is the Swiss Stiftung (foundation) based in Lausanne ...
<1> BGE 119 II 271.ICAS has 20 members, 12 of which are nominated by international federations. The latter nominate 4 participants representing the interests of athletes. The last 16 will nominate the remaining 4 independent entrants<2>.
<2> Art. 4 Statutes of the Bodies Working for the Settlement of Sports-related Disputes.The tasks of ICAS include the adoption and amendment of the statutes and regulations of the arbitral tribunal of the CAS, the election of the president and vice president, the reception of arbitrators and the financing of the CAS. CAS maintains a list of accepted arbitrators, their number is about 300 people from 90 countries. Judges are required to maintain confidentiality<3>.
<3> Art. 19 Statutes of the Bodies Working for the Settlement of Sports-related Disputes.In the case of Larisa Lazutina and Olga Danilova, the Swiss Federal Court unconditionally recognized the independence of CAS<4>... The path to success was open.
<4> CAS 2002 / A / 370 Lazutina v / IOC, BGE 129 III 445.2. Sports law and arbitration
Arbitration is of great importance to Swiss law. To resolve international disputes in arbitration courts in Switzerland, the Swiss Federal Law on Private International Law (IPRG / FZoMPhP) is in force<5>... According to Article 191 of the FZoMCHP, the Swiss Federal Court is the only instance of appeal and has only very limited cognitive powers (paragraph 2 of Article 77 of the Federal Court Act in conjunction with Article 190 of the FZoMPhP). According to paragraph 2 of Art. 190 FZoMCHP the decision of the arbitration court can be challenged only in the following cases:
<5> SR 291.a) if the arbitrator or the arbitral tribunal has not been duly appointed;
b) if the arbitral tribunal erroneously recognized the dispute as subject or not subject to its jurisdiction;
c) if the arbitral tribunal made a decision on the issues of the dispute that were not submitted by the parties for consideration, or left the parties' request without consideration;
d) if the principle of equality of arms or the principle of due process has been violated;
e) if the decision is contrary to the principles of public order.
The Swiss federal court can overturn the decision of the arbitral tribunal, but cannot itself make a new decision on the merits. Therefore, the new decision must be made by the arbitration court.<6>.
<6> See: Cacas Case: Federal Court judgment of 22 Marz 2007, 4P.172/2006.International Court of Arbitration awards may be recognized and enforced in other countries under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958 (NYU). 145 out of 192 member states of the United Nations have ratified the New York Convention (in Russia it entered into force on 11.22.1960).
This is the secret to the success of international arbitration in Switzerland.
3. Obligations of the actors: statutory and contractual arbitration clauses
In accordance with the IPRG and the New York Convention (NYU), the parties may be required to resolve disputes by arbitration only if they accept the arbitration clause, and in writing<7>.
<7> Art. II NYU und Art. 178 IPRG.At present, most international federations have included the CAS arbitration clause in their statutes and obliged their members to do the same. As a result, national federations are obliged by statutory procedure to apply for the resolution of disputes with international federations only in CAS. An example of this is the charter of the World Football Federation.
Arbitration can also be established by contract. CAS recommends the inclusion of standard arbitration clauses in the text of the contract, examples of such clauses can be found in Appendix 1 to the CAS Sports Arbitration Code<8>.
<8> Appendix 1, Code of Sports-related Arbitration. Vom 1. Januar 2010. Beispiele gibt es fur alle Verfahrensarten (ordentliches, Berufungs- und ediationsverfahren).4. Language, location and procedure
The working languages \u200b\u200bof CAS are French and English. If the parties cannot agree on a working language, the president of the court makes a decision. The parties can agree on the working language later.<9>, as well as choose any other language if the arbitral tribunal and its office give their consent to this<10>... Four arbitration judges have knowledge of the Russian language:
<9> Art. 29 Procedural Rules.<10> Art. 29 Procedural Rules.
- Dermendjiev Ivaylo (Bulgaria);
- Geistlinger Michael (Austria);
- Horacek Vit (Czech Republic);
- Vrublevskis Aldons (Latvia).
However, it should be borne in mind that the conduct of a case other than the official working languages \u200b\u200bof the CAS may incur additional costs for the parties.
The place of arbitration is always in Lausanne (Switzerland). However, the Tribunal may order hearings elsewhere. CAS applies three types of litigation: regular procedure<11> (here the court is the first instance)<12>, an appeal procedure (in which an appeal against a decision of international organizations is considered) and a mediation procedure<13>... The IOK, International Sports Federations and National Olympic Committees (NOK), the World Anti Doping Agency (WADA) - called by the IOK - also have the right to request a consultation process for a legal analysis of the circumstances of the case. In such a case, the arbitral tribunal may express its opinion on the matter, which is optional in such circumstances.<14>.
<11> Art. 38 - 46 Procedural Rules.<12> Art. 47 - 59 Procedural Rules.
<13> CAS Mediation Rules.
<14> Art. 62 Procedural Rules.
5.CAS ad hoc division for the Olympic Games
Disputes often arise during the Olympic Games. Such disputes should not impede the conduct of games. In this regard, it is necessary to avoid situations in which the state court, months or even years after the games, could change or overturn the decisions of the IOK, NOK or international federations. In case of disqualification of participants, compensation for damage is not possible. Games can no longer be repeated. Therefore, an important task is to ensure that prompt and independent decisions are made in compliance with procedural principles. The ad hoc division (a specially created arbitration committee) was founded in 1996 in Atlanta. His task was to conduct processes and make decisions on them within 24 hours. Participants in the Olympic Games accept the jurisdiction of this special arbitral tribunal upon signing the Olympics participation form. The introduction of Olympic arbitration was a success, ad hoc division became an integral part of the Olympic Games.
The working languages \u200b\u200bof the Olympic Arbitration are English and French, and exceptions in the form of admission of other working languages \u200b\u200bare not allowed in the Olympic arbitration procedure. There is a list of lawyers working in this connection free of charge. Thus, participants can go to this court without fear of high costs. The trial itself is also free. The details of the judicial procedure can also be found in the CAS Rules of Procedure for the Olympic Games.
6. Conclusion
Thus, the creation of the CAS was an important step for the international sports community. CAS has been able to establish itself as an independent, reliable, operational and resilient authority. Through the New York Convention, CAS decisions are internationally recognized and enforced. And also it is possible to avoid the danger of lengthy and cumbersome judicial procedures and to allow sports law to operate freely in an international environment.
The Court of Arbitration for Sport in Lausanne (CAS) refused to satisfy the appeals of Russian athletes against the IOC's decision not to admit them to the Olympic Games. Thus, the Russian national team will be missing 47 athletes
The CAS declined to consider the decision to exclude athletes as sanctions. The remaining cases were considered on the night of February 9th. In total, 47 people wrote applications to arbitration, all of their appeals were rejected, according to the decision of the Sports Arbitration, published on the CAS website.
“The CAS arbitrators believe that the process organized by the IOC to create a list of invited Russian athletes to participate in the Olympic Games from Russia cannot be called sanctions [against them],” the CAS said.
The court took into account the IOC's broad gesture to give some Russian athletes the opportunity to compete at the Olympics, albeit under a neutral flag. CAS considered this decision a step, "designed to balance the interests of some athletes from Russia and the interests of the IOC, aimed at the global fight against doping."
“The CAS also found that the applicants were unable to demonstrate that the way in which the two IOC special commissions assessed them [for the decision not to admit] was discriminatory or unfair,” the court's decision emphasizes.
It is separately noted that illegal actions are not seen in the actions of the Olympic Committee.
The IOC received this news without a note of joy.
“We welcome the CAS decision, it supports the fight against doping and brings clarity [regarding participation in the Games] to all athletes,” the IOC said on the official Twitter.
IOC Statement on CAS: We welcome this decision which supports the fight against doping and brings clarity for all athletes.
Image copyright EPA
The Court of Arbitration for Sport (CAS) in Lausanne on Thursday upheld the appeals of Russian athletes, annulling the decision of the International Olympic Committee (IOC) to ban them for life from the Olympics.
The Russian service of the BBC 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. Therefore, the IOC will very carefully analyze the rationale for decisions as soon as they are available and will consider the possible consequences - including the possibility of an appeal to the Swiss Federal Tribunal.
As for the participation of athletes from Russia in the 2018 Winter Olympics in Pyeongchang, the decision of the IOC Executive Committee 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 The CAS considered that the evidence collected against the athletes was insufficient to clearly indicate an anti-doping rule violation.The decision of the Lausanne Arbitration Court 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 the CAS general secretary said at a press conference that the court's decision "does not mean that 28 athletes have been 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 violating anti-doping rules during the Games in Sochi. Both guys and all of us are glad that justice has finally triumphed.
The CAS panel admitted that they were innocent and canceled the decisions of the Oswald Commission (IOC). Today's CAS decisions confirm that many who have been accused are "pure athletes." (RIA News)
Dmitry Peskov, Press Secretary of the President of Russia
We have repeatedly said that, of course, through all possible channels, support for our athletes will continue in any steps that are aimed at defending their rights.
The information received about the decision of the Court of Arbitration for Sport in relation to our athletes confirms that vigorous actions to defend their rights 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 has fully confirmed this, proved their purity.
This means that the athletes who filed the claims are fully rehabilitated. And in relation to them, no prohibitive decisions are no longer valid, their biography is absolutely pure. And all those awards that they acquired have been restored.
Image copyright Getty Images Image caption Skeleton player Alexander Tretyakov should now get the gold medal backEverything must (...) be done as quickly as possible so that fully rehabilitated athletes can take advantage of all the opportunities that open up for them as a result of this court decision. (Interfax)
Vitaly Mutko, former Minister of Sports of Russia
Good news, but bitter. Frankly speaking, this was not exactly what we expected a decision, but nevertheless we proceeded from the fact that in all these hearings and commissions of Oswald, WADA (World Anti-Doping Agency), such superficial accusations, hasty, without justification, are so superficial.
All this week, the athletes have been proving 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 consideration comes to a legal basis, then everything falls into place.
One can only express regret that WADA entrusted all these processes to the commissions, Richard McLaren was absolutely unconvincing in this process.
Of course, we are very pleased that 28 athletes were acquitted. We never doubted them. All of them have always been outstanding athletes for us, 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. You should always go to the courts, because silence means agreement with decisions 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 Cross-Country Skiing Federation
When they found out the decision, even the gift of speech was gone. It is a pity that the 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 will happen. (RIA News)
Olga Fatkulina, world champion in speed skating
Image copyright AFP / Getty ImagesI earned a medal with my honest work. When I found out about today's decision, my 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. We will now wait - how everything will be decided there by admission. Then we will rejoice. Now the state is already such that there are no emotions. We are waiting for how everything will be further according to the situation. (RIA News)
Artem Kuznetsov, speed skater
Of course, common sense has triumphed, 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 truth 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 probably 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 in a new battle. (RIA News)
Alena Zavarzina, snowboarder
Nikita Kryukov, skier
I want to go to court, because the decision to disqualify me greatly affected me. My name, the name of the Olympic champion, was simply taken and dipped in 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 this with impunity. Therefore, going to court seems to me a perfectly logical step.
WADA has criticized the decision of the 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 on Russian athletes has become one of the main topics in the world press. How foreign media assess the decision of the Court of Arbitration for Sport in Lausanne - in the review of the foreign press on Kommersant FM.
"The decision of the arbitration court in Lausanne plunges the Olympic movement into chaos on the eve of a major international sporting event," writes Britain's The Guardian. There are many questions to CAS: “There is a feeling that the cases of Russian athletes were considered as ordinary cases of doping, that is, each was investigated individually. However, 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 newspaper concludes.
“The Olympic movement is in a swamp,” writes the German Frankfurter Allgemeine Zeitung. “The assessment of 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. “Pure sport is dead,” the newspaper quotes Jim Walden, a lawyer for Grigory Rodchenkov. According to him, such a position of the court justifies the rogue athletes and demoralizes the honest athletes. But most importantly, it shields the Russian doping system.
“At WADA, the Lausanne verdict raised serious concerns,” writes The Washington Post. Independent expert Richard McLaren said he would cause alarm and frustration among other athletes. According to him, the agency supports the intention of the IOC to carefully analyze these decisions of the CAS and is considering all options, including an appeal to the Swiss Federal Court.
Artem Patsev, sports lawyer:
The Swiss Supreme Court does not consider issues on the merits - issues of assessment of evidence, sufficiency of evidence, and so on. The only reason to appeal to the Swiss Supreme Court to annul the CAS decision is a gross violation of some procedural rules, which, obviously, in this case did not exist and could not have been. And I honestly don't see any real chance of a successful appeal in this case.