From Sun Yangs point of view, because the inspectors do not have the formal qualification and authorization, the blood collected does not belong to the samples defined by the fina Anti Doping regulations and cannot be used for Anti Doping purposes, so he has a legitimate reason to refuse the inspectors to take the blood samples.
Sun Yangs idea is not an example, but CAS in the actual arbitration cases, the so-called just cause is very strict.
In 2003, Brazilian swimmer Azevedo was found to contain illegal ingredients in his urine during a drug test. Azevedo was not satisfied with this, and was in court with the drug testing laboratory.
However, in the trial process of the case, Azevedo was once again selected for urine test, and its a coincidence that she is still in charge of urine test in the last drug test laboratory, Azevedo refused to accept. According to Azevedo, he has a legal dispute with the laboratory, and she doubts their professionalism and impartiality, so she refused to accept the drug test.
CAS held a hearing on April 21, 2005 in Lausanne, Switzerland, in response to the refusal. Azevedo stressed that he did not refuse to accept the drug test, but did not accept the test by the laboratory that he thought was not qualified.
As a result, Azevedo finally lost the case, which was also regarded as a milestone in the field of Anti Doping.
In many cases since then, CAS has always adhered to this principle. In the case of Li Long Jump Athlete Daniel Pineda, he accidentally soiled the first two urine sample bottles during the drug test, and then found that the third urine sample bottle had holes in the outer packaging bag, and Pineda refused to continue to provide urine samples. The prosecutor insisted that a third urine sample bottle was available and requested that it be used by Peneda while a new one was sent. Pineda refused to cooperate and left the checkpoint. CAS finally determined that Pineda was suitable for sampling in terms of physical, health and moral conditions, and there was no reasonable reason to refuse the drug test.
As a result, Pineda was banned for two years.
In recent years, athletes often use the following reasons to evade drug testing: 1. They are not treated fairly, and drug testing is disturbed (cas2008 / A / 1564); 2. They cannot determine the authorization and identity of the testing personnel (cas2008 / A / 1470); 3. The testing personnel have excessive behavior in the process of drug testing (cas2004 / A / 714). Unfortunately, in many cases of CAS, these can hardly be regarded as justifiable reasons for avoiding drug testing.
There are serious differences between fina and WADA on Sun Yangs violent anti inspection incident, but at least one consensus is reached: athletes should always cooperate with sampling and testing, unless physical, health and moral conditions are objectively not allowed. In case of doubt, the athlete may issue an objection while cooperating with the sampling, that is, accept the test with objection. In response, Wada cited the case of Azevedo in the hearing (cas2005 / A / 925).
In fact, after Ba Zhen, the national team doctor, arrived at the scene that night, he had clearly expressed his objection, pointing out that there was a problem with the qualification of the testing personnel, the results of urinalysis and blood test could not be established, and the extracted blood could not be taken away. Unfortunately, Sun Yang took action after he raised his objection, which resulted in the failure of urinalysis and the destruction of blood samples. Wada believes that it is in violation of Article 2.5 of the World Anti Doping regulations to prevent the inspectors from taking away the blood that has been drawn, that is, interference with doping testing procedures.
The fina wrote in its 59 page ruling: although such a strategy is ultimately successful, it is a step away from failure. Such success comes from the understanding of the Anti Doping Committee on what official documents should sample collectors provide, and Sun Yangs whole career is focused on the subjective judgment of such a complex situation, which makes the Anti Doping Committee feel extremely stupid. On the day of the hearing, Professor Philip Sanders, the arbitrator, asked more than once, have you ever stopped to think about what to do in case your understanding of the authorization document is wrong?
Sun Yang was punished in 2014 for detecting illegal ingredients in urine samples, because his prescription drug for heart disease contains trimetazidine, which was included in the list of banned drugs by Wada since January 1, 2014. However, Sun Yang and his team knew nothing about the change, leading to a positive result of doping.
Even if its only an accident, Sun Yang will be put in a more dangerous situation at least. According to 10.7.1 of the World Anti Doping regulations, athletes or other parties who violate the regulations for the second time can be regarded as the first time and be banned twice the competition period. Because of this, Sun Yang should be more cautious in the face of drug testing.
In order to ensure the fairness of doping test results, the World Anti Doping regulations stipulate the procedural rights of athletes in the drug test procedure. During the hearing process, CAS requires the procedural justice to be almost strict. If the anti doping agency violates the regulations in the procedure, the athletes have a great chance to win the lawsuit.
Eight years judgment has basically ruined his career, and CASs past judgment cases have shown that it is almost difficult for athletes to find a proper reason to avoid drug testing. Compared with taking action at the risk of violation, it is obviously more safe for athletes to follow the instructions of the testing personnel, provide samples, and then make comments and complaints.
Obviously, Sun Yang can have a wiser choice, but on the night that may decide his fate, he embarked on a more adventurous path.