Another competition between exclamation mark and question mark in Sun Yang arbitration case

category:Sports
 Another competition between exclamation mark and question mark in Sun Yang arbitration case


On November 15, 2019, Sun Yang made a statement at the hearing. (Xinhua News Agency)

At present, Sun Yang is likely to miss the Tokyo Olympic Games. Whatever the outcome of the final appeal, the cost is huge and irreversible for him. His future, facing a new question mark.

On the morning of February 28 local time in Lausanne, Switzerland, the international sports arbitration court (CAS) announced the ruling result of the World Anti Doping Agency (WADA) case against Chinese swimmer Sun Yang and the International Swimming Federation (FINA), and decided to suspend Sun Yang for eight years from now. In response, Sun Yang said that he had filed an appeal to the Supreme Court of the Swiss Federation in accordance with the law, and China Swimming Association issued a statement supporting Sun Yang to continue to safeguard his legitimate rights and interests by legal means.

Suspended for 8 years but valid before

In the arbitration report, the International Sports Arbitration Court pointed out that Sun Yang violated Article 2.5 of the fina doping control regulations (impeding doping control at any stage). In particular, the arbitration panel found that the personnel responsible for the doping test of Sun Yang fully met the qualifications required by ISTI (international standards for testing and investigation used by WADA). Whats more, when Sun Yang thought that the testing procedure was inconsistent with the requirements of ISTI, he didnt show that he had a completely legitimate reason to destroy the test sample and give up the doping test.

The arbitration panel held that the qualification of the testing personnel could be questioned after the blood samples were provided, and the intact samples should be kept in the authority. However, after many negotiations and warnings, it is quite another thing to destroy the sample, making it impossible to detect the sample later.

The report further clarifies: considering that Sun Yang once violated the Anti Doping standard for the first time in July 2014, the arbitration panel decided to impose a suspension of 8 years on Sun Yangs second violation according to fina doping control regulation 10.7.1, which shall be implemented from the date of announcement by the international sports arbitration court.

In addition, it is considered that: (1) fina did not punish Sun Yang with hovering qualification when accusing him of violating Anti Doping regulations; (2) the doping test of athletes was negative before and after the event in September 2018; (3) there is no evidence that athletes have taken doping since September 4, 2018, including in Guangzhou, South Korea in July 2019 The world swimming championships. Therefore, all the achievements Sun Yang made before the international sports arbitration court made this award are valid.

The World Anti Doping Agency put forward the request of 2-8 years ban on competition when appealing. The final ruling of the international sports arbitration court is 8 years.

Undoubtedly, for Sun Yang, who is preparing for the Tokyo Olympic Games, this is a very heavy blow.

Appeal within 30 days

Matthew Reeb, Secretary General of the International Court of sport arbitration, announced the award. (Xinhua News Agency)

In the hearing held on November 15, 2019, the international sports arbitration tribunal organized an arbitration panel composed of three arbitrators. The chairman of the arbitration panel is Franco Frattini from Italy, and the other two arbitrators are Romano f appointed by the World Anti Doping Agency. Subiotto) and Philippe sands designated by sun Yangfang (recognized by FINA).

Wu Wei, a partner of Tongli law firm and an arbitrator of the international sports arbitration court, said it was no surprise that the three arbitrators unanimously decided to punish Sun Yang. Although the composition of the arbitrators shall be one appointed by each party, the principles to be followed shall be the same.

According to the international sports arbitration court, Sun Yang can appeal to the Supreme Court of the Swiss Federation within 30 days if he is dissatisfied with the result of the ruling. Sun Yang said through social media that he has entrusted lawyers to appeal to the Supreme Court of Switzerland according to law.

Regarding the prospect of Sun Yangs appeal, Wu Wei said that the Supreme Court of the Swiss Federation only accepts limited content appeals, which mainly focus on whether there is any violation of procedures, jurisdiction and other aspects in the trial process.

According to Wu Wei, from a legal point of view, even if Sun Yang appeals, the execution of the suspension decision will not be affected during the appeal period, and the suspension will take effect from the time when the arbitration result is announced. However, there is a technical opportunity for Sun Yangs lawyer to apply to the Swiss Supreme Court for Interim Measures during the appeal period to suspend the suspension. The duration of the appeal hearing is 6-12 months. Although there was a precedent for football players to apply for suspension during the appeal period and successfully participate in the world cup, in practice, the probability of the Supreme Court of Switzerland passing the application is not high.

China Swimming Association supports Sun Yang to safeguard legal rights and interests

The Chinese Swimming Association also issued a statement expressing deep regret for the result of the ruling. The statement pointed out that China Swimming Association has always adhered to zero tolerance for doping use and has always attached great importance to strengthening Anti Doping education for athletes. On September 4, 2018, IDTM, a sample collection agency authorized by fina, used untrained and unqualified personnel to collect athletes samples during the off match inspection of Sun Yang, which was illegal and invalid.

The China Swimming Association also expressed support for Sun Yang to continue to safeguard his legitimate rights and interests by legal means. At the same time, it is hoped that the World Anti Doping Agency, sports organization and doping inspection agency will improve and perfect the rules, strictly implement the rules, including the certification requirements for doping inspectors, not ignore the legitimate rights of athletes, and not allow anyone to engage in doping inspection work closely related to the vital interests of athletes.

According to Wu Wei, the golden age of athletes is very short, and most of the suspension decisions are irreversible. Therefore, athletes should be encouraged to have a full understanding of their rights and interests and be able to actively and reasonably protect them.

Wu also stressed that athletes are not judges. When discovering the program loopholes, the staff should be allowed to take away the samples, and then write and submit the discovered loopholes by professional lawyers. This is also pointed out by the International Court of sport arbitration in its report.

At present, Sun Yang is likely to miss the Tokyo Olympic Games. Whatever the outcome of the final appeal, the cost is huge and irreversible for him. His future, facing a new question mark.

A review of the case before Sun Yangs arbitration

On November 15, 2019, Sun Yang was at the hearing. (Xinhua News Agency)

The case was caused by an out of competition doping test conducted by three staff members of IDTM on the evening of September 4, 2018. Due to Sun Yangs query on the qualification certificate presented by the inspectors, the test was not completed.

On November 19, 2018, fina held a hearing on the matter in Lausanne, Switzerland. On January 3, 2019, fina ruled that the inspection was invalid and Sun Yang did not violate the World Anti Doping regulations.

On March 12, 2019, the World Anti Doping Agency (WADA) appealed to the International Court of Sports Arbitration (CAS) for dissatisfaction with the ruling.

On July 19, 2019, Sun Yang and his team of lawyers made a statement to the international sports arbitration court, asking for a public hearing in order to be open and transparent.

On November 15, 2019, the international sports arbitration court held a public hearing on the case in Montreux, Switzerland, and broadcast it live through the Internet. This is the second public hearing ever held by the international sports arbitration court. The last one happened in 1999, when the Irish swimmer who appealed to the international sports arbitration court finally lost the case.

During the 10 hour hearing, the debate focused on whether the IDTM inspectors entrusted by the World Anti Doping Agency are qualified. Sun Yang Fangs lawyer clearly pointed out that the bleeding examiner had only a nurses card but no IDTM authorized examiners certificate, and the urine examiner had only an ID card and took photos of Sun Yang during the examination in violation of the doping examination regulations. None of the three inspectors involved in the case appeared in court.

After the hearing, Franco Frattini, chairman of the arbitration panel, said that the public hearing showed respect for the rights of athletes, that all evidence and testimony would be fully verified, and that the award would be announced on a certain date. After that, Sun Yang returned to the training preparation for the Tokyo Olympic Games, and won four games and three championships in two races of the fina champion swimming series in January this year.

Source: editor in charge of peoples Daily: Cao Liqiao and ns1806