According to the rules of the International Court of sports arbitration, if you are not satisfied with the result of the award, you can appeal to the Supreme Court of the Swiss Federation within 30 days for a very limited range of reasons.
On November 15, 2019 local time, Sun Yang held a hearing at the drug testing hearing in Switzerland. Visual china map
On November 16, 2019, the international sports arbitration court held a public hearing in Montreux, Switzerland, to hear the World Anti Doping Agencys appeal against Sun Yang and fina.
The hearing began at 9 a.m. local time (16:00 Beijing time) and lasted for more than 10 hours until 7 p.m. (02:00 Beijing time).
After the hearing, Sun Yang made a speech first, and then the witnesses of all parties provided testimony and accepted the questions of the lawyers and the judges of the arbitration panel. Finally, the parties concluded their statements.
The focus of the case is on the qualification of the third-party testing personnel entrusted by the World Anti Doping Agency and the on-site process on the day of testing, while none of the three testing personnel involved in the case appeared in court. During the hearing, many simultaneous interpreting errors occurred on the scene, which affected the progress of case trials.
Sun Yang said in his opening testimony that since the doping test on the night of September 4, 2018, he has been greatly unjust and troubled, and still feels incredible about what happened that night.
For this reason, he decided to ask the international sports arbitration court to hold a public hearing, to say what has not been said in the process of litigation, so that the world can clearly know what happened.
Sun Yang attended the hearing.
To restore the whole incident, Sun Yang explained and clarified many details that attracted the attention of the outside world. For example, the urine examiner not only dressed casually, but also claimed to be a fan to take photos of him. This action made him doubt the qualification of the inspectors, so he asked him to show relevant certificates. As a result, he found that the urine examiner did not have any doping inspection qualification, so he immediately called the leader in charge and The team doctor reported it.
Sun Yang confirmed that after asking the urine examiner to leave, the blood examiner showed him the nurses card, so he asked the blood examiner to draw blood; however, when the team doctor arrived, he found that the certificate of the blood examiner did not meet the requirements of the doping examination qualification; because the blood examiner had the doping examination qualification to collect blood samples, the team doctor said that the blood samples collected before the blood examiner could not be taken away.
In particular, Sun Yang clarified that the violent anti inspection and smashing of blood samples reported by some media were inconsistent with the facts. At that time, the chief prosecutor told him that the blood bottle could be left, but they wanted to take away the outer packaging. So the mother who was at the scene called the community security guard to separate the outer packaging of the blood bottle. The blood bottle was not damaged at all, and now it was in his hands.
Sun Yang also pointed out that he not only cooperated with the blood examiner to draw blood at one time that night, but also proposed that he could wait until dawn, and wait for the inspectors to bring valid certificates, or replace the qualified inspectors to carry out the inspection, but the chief prosecutor rejected the proposal, and the inspection could only be fruitless.
Because the inspection failed to be completed, the world anti doping agency asked Sun Yang to be banned for at least two years and at most eight years on the grounds of anti inspection in the complaint. Sun Yang asked several times in the hearing about this:
Can you find two people to check the athletes? Is it fair to ask them to respect the rules but not respect them? Or even what would you do if someone claimed that the police broke into your house in the middle of the night and couldnt get out their certificates?
Interestingly, when asked at the hearing how many times he had been tested for doping, Sun Yang said that because of too many times I cant remember clearly, seeing that the materials presented by the lawyer showed that he had been tested at least 180 times, Sun Yang responded so many times in surprise; at the same time, he said that before the incident on September 4, 2018, he had just finished the Asian Games competition and accepted it in the competition for several days in a row Check, no problem.
According to Xinhua, one of the three IDTM testers in Sun Yangs case revealed that he was not a trained Doping Control Assistant (DCA), but a construction worker.
Sun Yang came forward again at the end of the hearing to make a concluding statement: it has been more than 430 days since the incident happened, and his body, mind, reputation and team have suffered a lot, and his family has also had a hard time. Now, standing here, I want to tell you the truth through the public hearing, and tell you that nothing has been concealed I believe that the arbitral tribunal will make a fair decision and return my innocence.
In an interview with the media after the meeting, Sun Yang said that he was continuously criticized by some athletes, and this public hearing also responded to them, now those who slander me should not surpass me in a short time, so dont care what they say; I will continue to be good at myself, go forward bravely, and fight back with more achievements and honors..
Later, judge Franco Frattini, chairman of the ruling panel, also said that Sun Yang was given more time to give testimony during the hearing. The public hearing showed respect for the rights of athletes, and all evidence testimony would be fully verified.
Source: responsible editor of Fanpai News Network: Cao Liqiao and ns1806