Beijing Youth Daily reported on February 29 that at 17:00 on February 28, Beijing time, the international sports arbitration court (CAS) announced the award of World Anti Doping Agency (WADA) v. Sun Yang and fina case hearing. Sun Yang was suspended for eight years, which came into force on today. As Mr. Zhang Qihuai, a lawyer entrusted by Sun Yang, said in the lawyers statement just released on the afternoon of the 29th, February 28th, 2020 is a dark day, which shows the scene of evil conquering justice and power replacing justice in front of the public.
Entrusted by Sun Yang, Lawyer Zhang Qihuai is preparing to appeal to the Supreme Court of the Swiss Federation within 30 days against a series of procedural errors in the trial of the case by the CAS. In Zhang Qihuais opinion, CASs decision is based on ignoring multiple loopholes. Whether the appeal is successful or not, the truth should be presented to the world again, and a reprieve order can be sought to delay the execution as much as possible after the Tokyo Olympic Games.
Another lawyer in Sun Yangs team who participated in the Montreux hearing on November 15, 2019, is currently a visiting scholar in Switzerland and is proficient in sports law. Lawyer Luo Xiaoshuang, who was awarded the title of excellent lawyer of Hunan Province by the Department of justice of Hunan Province, proposed a third possibility. Even if the appeal was rejected, Sun Yang can file a final case with the European Court of human rights in France Appeal, even if the time is not enough to let Sun Yang participate in the upcoming Olympic Games and other competitions, but at least we can fight for the innocence of Sun Yang, which will be of great significance to Sun Yang. Luo Xiaoshuang also pointed out that CASs arbitration agreement was 78 pages long, but it did not make any analysis of the most core evidence about illegal blood taking by blood taking officials in other places put forward by Sun Yang Fang.
The loophole points directly to the core of certain appeal to seek the success of appeal or suspend the enforcement of suspension order
Beijing Youth Daily (hereinafter referred to as Beijing Youth Daily): what do you think of the decision made by CAS?
Zhang Qihuai: CASs ruling is unfair. They are partial to the rules and procedures, ignore the facts and evidence, accept all the lies and false evidence. Based on the lies and prejudice, they have made an arbitration ruling with black and white reversed. CASs decision ignored the evidence put forward by Sun Yangs lawyer team, and there were many loopholes.
Beiqing Daily: do you mean there is a big loophole in the basis of CASs ruling?
Zhang Qihuai: Yes, there are many loopholes. I can give several examples. For example, CAS has exceeded the time for accepting the Wada appeal. After the so-called Wu Bing, the urine inspector, entered the testing site on the night of the incident, his mobile phone shooting function was on, and he also photographed the parties in violation of the regulations for many times, which is a complete violation of the doping testing rules, which is the most fundamental procedural loophole. As an important witness, Wu Bing was refused to attend the Swiss hearing and absent from the hearing, which is the biggest breach of procedural justice in CAS.
Beiqing Daily: what needs to be reexamined by Sun Yangs lawyer team in the hearing and in the preparation of evidence collection?
Zhang Qihuai: Sun Yang obtained satisfactory results at the first trial, i.e. the fina hearing in November 2018. However, after Wada appealed to CAS, Sun Yangs previous lawyers did not do enough to continue to collect evidence and made several mistakes. I cant comment too much on the lawyers work, but it did cause some passivity in the CAS hearing later. There are also problems such as translation and communication, some mistakes and negative effects on arbitration.
Beiqing Daily: then will Sun Yang entrust you and the lawyer team to continue to appeal? What kind of result will you seek? How likely is it to get a satisfactory result?
For the so-called low success rate of appeal reported outside, we should first seek the success of appeal, that is, to ask the Swiss Federal Court to apply for the cancellation of the arbitration award of the International Court of sports arbitration. Even if it is possible to lose the case, we will apply for suspension of the suspension, which is a precedent in the history of the ruling of the Swiss Federal Court. That is to say, one of the best results is that Sun Yangs suspension decision can be postponed until after the Tokyo Olympic Games, so that such an excellent athlete can leave no regrets at the end of his career and win honor for his country. We will try our best to do that.
The 78 page arbitration did not state at all that Sun Yangs core evidence could be appealed to the European Court of human rights
Lawyer Luo Xiaoshuang provided more details of the hearing and proposed another result of the so-called anti prosecution event of Sun Yang.
Beiqing Daily: have you seen the CAS ruling? Whats your opinion?
Luo Xiaoshuang: Yes, and its much more detailed than the simple one and a half page verdict that the public has seen. The CAS ruling is 78 pages long, even longer than the 59 pages of the fina hearing in the first instance. I think this ruling is extremely arbitrary and shocking.
Beiqing Daily: can you disclose some contents of this ruling that you have not seen?
Beiqing Daily: what are the members of the panel of arbitrators for the hearing?
Luo Xiaoshuang: it is composed of three persons, namely judge Franco Frattini from Rome, Italy, who is the chairman of the group; Romano subiolto, the legal adviser in Brussels, Belgium appointed by Wada, and Philip Sanders, the barrister in London, UK.
Beiqing Daily: what is the detail of translation?
Luo Xiaoshuang: the translation of the hearing was jointly designated by the three parties, namely sun Yangfang, fina and WADA, who provided three on-site translators. You should know that in such an international court, translation is a very important role. The three translators are two Chinese and one Swiss. During most of the hearing, the three translators were responsible for the translation work. However, in the last short period of the hearing, Sun Yang was not satisfied with the communication work of the translator and made a replacement. And this move became a factor of CAS ruling against Sun Yang, because of disrespect for the court.
Beiqing Daily: what is the reason that Sun Yang, as stated in the ruling, failed to provide a convincing reason for destroying his sample container and escaping the doping test?
Luo Xiaoshuang: in fact, sun Yangfangs core proof is that as a nurse working in a hospital in Shanghai, she does not have the qualification to take blood tests in other places in Zhejiang. At the hearing, several foreign lawyers of Sun Yang also argued against this. But we are short of the most favorable evidence. If we can get the results of the treatment issued by the Shanghai hospital where the blood examiner is located and the local health care Commission, it will prove her mistake.
Its a pity that under the efforts of Sun Yangs family many times before, they still havent got satisfactory results. But even so, I dont think CAS has any reason to increase the penalty.
Beiqing Daily: in your opinion, how likely is Sun Yang to continue to appeal and win? Is there any other way back?
Luo Xiaoshuang: the hard injury of Wada is the qualification of the blood inspector. At the hearing, we didnt make good use of it. Previous data and information show that the success rate of appeals to the Supreme Court of the Swiss Federal Court is 7%, which is very low, because the supreme court usually only raises objections against the non conformity of trial and adjudication procedures, but not much about the content of the adjudication. Of course, we had a precedent of Tong Wen, a Chinese judo player, appealing successfully and overturning the case, which may make Sun Yangs case that 7%. In addition to the disqualification of the blood test officer, Wu Bing, the urine test officer, hopes to testify at the hearing and is refused, which is the procedural disqualification. The witness did not come to court to provide evidence is exactly in line with one of the procedural inconsistencies of the Supreme Court of Switzerland.
Of course, if the appeal fails, it doesnt mean its a dead end. Sun Yang can also file a final appeal to the European Court of human rights in France, which has a much higher winning rate than the Swiss Supreme Court. However, it will take a long time to appeal to the Federal Supreme Court and the European Court of human rights for up to three years. In that case, Sun Yang will certainly not be able to participate in the Tokyo Olympic Games, but if the final victory, at least for Sun Yang, who has won so many honors for Chinas swimming and sports, the outcome is much better than now, which has a great impact on his future development and the whole life.