CAS rules Valieva can compete - reactions/fallout, plus some details from the hearing

Sylvia

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Copying out the text of CAS' media release: https://www.tas-cas.org/fileadmin/user_upload/CAS_Ad_Hoc_Media_Release_Beijing_8.pdf

MEDIA RELEASE
OLYMPIC WINTER GAMES BEIJING 2022 (8)
THE CAS AD HOC DIVISION DECLINES TO IMPOSE A PROVISIONAL
SUSPENSION ON THE RUSSIAN FIGURE SKATER KAMILA VALIEVA

Beijing, 14 February 2022 – The Ad Hoc Division of the Court of Arbitration for Sport (CAS) has
issued its decision in the arbitration procedures relating to the Russian figure skater Kamila Valieva
(the Athlete): the applications filed by the International Olympic Committee (IOC), the World AntiDoping Agency (WADA) and the International Skating Union (ISU) have been dismissed.

The three Applicants had challenged the decision issued by the RUSADA Disciplinary Anti-Doping
Committee on 9 February 2022 (the Challenged Decision) in which the provisional suspension
imposed on Kamila Valieva following the detection of the banned substance trimetazidine in a sample
provided by her was lifted, allowing her to continue her participation in the Olympic Winter Games
Beijing 2022.

The applications were received at the CAS Ad Hoc Division in Beijing on Friday, 11 February 2022,
and on Saturday, 12 February 2022 (Beijing time).
The three procedures:
CAS OG 22/08 International Olympic Committee (IOC) v. Russian Anti-Doping Agency (RUSADA)
CAS OG 22/09 World Anti-Doping Agency (WADA) v. Russian Anti-Doping Agency (RUSADA)
and Kamila Valieva
CAS OG 22/10 International Skating Union (ISU) v. Russian Anti-Doping Agency (RUSADA),
Kamila Valieva and Russian Olympic Committee (ROC)
were handled together and were referred to the same panel of arbitrators:
President: Mr Fabio Iudica, Italy
Arbitrators: Mr Jeffrey Benz, United States of America
Dr Vesna Bergant Rakočeviċ, Slovenia

A hearing was conducted by video-conference from the temporary CAS offices in Beijing, from
8:34pm on 13 February 2022 to 2:10am on 14 February 2022.

The CAS Panel has given the following reasons for its decision:

1) It has affirmed the jurisdiction of the CAS Ad Hoc Division in this matter and has overruled
the preliminary objections raised by the Athlete and the ROC in this regard;
Tribunal Arbitral du Sport Court of Arbitration for Sport

2) On the basis of the very limited facts of this case, and after consideration of the relevant legal
issues, it has determined that no provisional suspension should be imposed on the Athlete due
to the following exceptional circumstances:
a) The Athlete is a “Protected Person” under the World Anti-Doping Code (WADC);
b) The RUSADA Anti-Doping Rules and the WADC are silent with respect to provisional
suspension imposed on protected persons, while these rules have specific provisions for
different standards of evidence and for lower sanctions in the case of protected persons
;
c) The Panel considered fundamental principles of fairness, proportionality, irreparable harm,
and the relative balance of interests as between the Applicants and the Athlete, who did not
test positive during the Olympic Games in Beijing and is still subject to a disciplinary
procedure on the merits following the positive anti-doping test undertaken in December
2021; in particular, the Panel considered that preventing the Athlete from competing at the
Olympic Games would cause her irreparable harm in these circumstances
;
d) The CAS Panel also emphasized that there were serious issues of untimely notification of
the results of the Athlete’s anti-doping test that was performed in December 2021 which
impinged upon the Athlete’s ability to establish certain legal requirements for her benefit
,
while such late notification was not her fault, in the middle of the Olympic Winter Games
Beijing 2022.

3) In conclusion, the Panel determined that permitting the provisional suspension to remain lifted
was appropriate.

The CAS Ad hoc Division was requested to determine the narrow issue as to whether a provisional
suspension should be imposed on the athlete. It was not requested to rule on the merits of this case,
nor to examine the legal consequences relating to the results of the team event in figure skating, as
such issues will be examined in other proceedings.

===

Edited to add on 2/15 - a document with some details from Valieva’s CAS hearing is linked in post #144 of this thread: https://www.fsuniverse.net/forum/th...s-from-the-hearing.109428/page-5#post-6205490
 
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Sylvia

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(Thanks @morqet for the heads up on WADA's & IOC's responses)

WADA's response:

The World Anti-Doping Agency (WADA) acknowledges the ruling announced today by the Court of Arbitration for Sport (CAS) to confirm the lifting of the provisional suspension of Russian Olympic Committee figure skater Kamila Valieva.

WADA’s appeal to CAS in this case, which was filed alongside appeals by the International Olympic Committee and the International Skating Union, was based on WADA’s position that the decision by the Russian Anti-Doping Agency (RUSADA) Disciplinary Committee to lift the mandatory provisional suspension on the athlete was not in line with the terms of the World Anti-Doping Code (Code). WADA is therefore disappointed by today’s ruling of the CAS Ad Hoc Division. While WADA has not received the reasoned award, it appears that the CAS panel decided not to apply the terms of the Code, which does not allow for specific exceptions to be made in relation to mandatory provisional suspensions for 'protected persons', including minors.

Concerning the analysis of the athlete's sample, WADA always expects Anti-Doping Organizations to liaise with the laboratories in order to ensure they expedite the analysis of samples so that the results are received prior to athletes traveling to or competing in a major event, such as the Olympic or Paralympic Games and, where applicable, conduct results management of the cases related to such athletes.

According to information received by WADA, the sample in this case was not flagged by RUSADA as being a priority sample when it was received by the anti-doping laboratory in Stockholm, Sweden. This meant the laboratory did not know to fast-track the analysis of this sample.

As previously announced, under the terms of the Code, when a minor is involved in an anti-doping case, there is a requirement to investigate that athlete’s support personnel. RUSADA has already indicated it has begun that process. In addition, WADA’s independent Intelligence and Investigations Department will look into it.
 

Sylvia

Rooting for underdogs!
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IOC's response: https://olympics.com/ioc/news/ioc-e...lowing-cas-decision-on-the-case-of-roc-skater

The IOC has to follow the rule of law and will therefore have to allow her to compete in the Women’s Single Skating competition on Tuesday, 15 February 2022 and, if qualified, on 17 February 2022.

The CAS has clearly expressed that the decision taken by the Ad-hoc Division today is not a decision on whether Ms Valieva violated the anti-doping rules. It was limited to the sole question of whether Ms Valieva could be provisionally suspended from the Olympic competition following a positive A-sample taken on 25 December 2021.

The management of the case after this positive A-sample has not yet been concluded. Only after due process has been followed can it be established whether Ms Valieva infringed the World Anti-Doping Code (WADC) and would have to be sanctioned.

This inconclusive situation led the IOC EB to the following decisions, after having had initial consultations with the National Olympic Committees (NOCs) concerned:

1. In the interest of fairness to all athletes and the NOCs concerned, it would not be appropriate to hold the medal ceremony for the figure skating team event during the Olympic Winter Games Beijing 2022 as it would include an athlete who on the one hand has a positive A-sample, but whose violation of the anti-doping rules has not yet been established on the other hand.

2. Should Ms Valieva finish amongst the top three competitors in the Women’s Single Skating competition, no flower ceremony and no medal ceremony will take place during the Olympic Winter Games Beijing 2022.

3. The IOC requests the International Skating Union (ISU), for reasons of fairness, to allow a 25th competitor to participate in the free skating part of the competition on 17 February, in case Ms Valieva is ranked in the first 24 of the short programme on 15 February.

4. The IOC will, in consultation with the athletes and NOCs concerned, organise dignified medal ceremonies once the case of Ms Valieva has been concluded.


===

ETA link to ISU's initial response: https://www.isu.org/isu-news/news/1...re-skater-kamila-valieva-roc?templateParam=15

4 February 2022 Lausanne / Switzerland

Following the hearing of the Ad hoc Division of the Court of Arbitration for Sport (CAS) in the arbitration procedures relating to Figure Skater Kamila Valieva (ROC), the International Skating Union (ISU) duly noted and will respect the ruling namely that the provisional suspension of Ms. Valieva remains lifted.

The ISU awaits to receive the award with grounds and needs time to assess before making any further comments.


ETA (2) that ISU's followup response has since been copied out in post #33 here: https://www.fsuniverse.net/forum/th...none-for-the-women.109428/page-2#post-6204855
 
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Frau Muller

From Puerto Rico…With Love!
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18,512
Cross posting from other thread -

Just woke up after some sleep, after the ice dance and…

WHOOP DEE DOO!!!!!!!

OMG! OMG! OMG! OMG! OMG!

KAMILA IS IN!!!!


Wasn’t expecting this (ahum)…
 
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soogar

Well-Known Member
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3,122
Wow. Unless I missed some past statements, it's highly unusual for Yuna to comment publicly about, well, anything. She's very very careful with her statements.

Ashley Wagner: https://twitter.com/AshWagner2010/status/1493167282234798087
Well they pretty much swept this under the rug. Russia will get its team medal after all the news press dies down. I can’t imagine how the other athletes feel in this competition. Poor Jessica Catalang- spending all that money to clear herself legally to compete.

I’m not surprised that Yuna chose to comment. It’s shocking and it’s like they don’t care about the rest of the competition.
 
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Sylvia

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"The Global Sport and Anti-Doping System Needs Immediate Reform" (Global Athlete statement on the Kamila Valieva ruling by CAS): https://twitter.com/GlobalAthleteHQ/status/1493125785930059777


WHAT IS GLOBAL ATHLETE

Global Athlete is an international athlete-led movement that will inspire and lead positive change in world sport, and collectively address the balance of power between athletes and administrators. We aim to help athletes gain a more represented voice in world sport, recognising that the neglection and suppression of the athlete voice has gone on for too long.

We aim to bring sport into the twenty-first century by mobilizing athletes, following the unprecedented uprising in which athletes have called for enhanced rights and major changes to the way sport is run.

Whether it be athlete welfare, unlocking athletes’ marketing potential, ensuring athletes receive Olympic revenues or simply better representation at the decision-making table, Global Athlete will fearlessly tackle the issues that really matter, working with athletes to determine what needs to change and how to go about changing it.

Global Athlete is funded by FairSport.
 

Orm Irian

Well-Known Member
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Really the final group should have 7 since that’s where Valieva will likely be and then the rightful skater who should be in the final flight would be there.
That really doesn't matter. The only thing that matters is that the woman who should skate first in the FS gets to skate first in the FS, given she's more likely than any of the final flight skaters to need every tiny scrap of support and bit of funding her federation will scrape up from behind the sofa cushions for her as a result of her getting into the FS at all in order to be able to continue her career.
 

Karen-W

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Over on Reddit, a roundup of skater reactions - and they are overwhelmingly negative.
Notable that there was a comment from the German Olympic Sports Confederation president. This isn't something where outrage is limited to just North Americans. Benoit Richaud's tweet sums it up - "if minors can't be held accountable minors shouldn't be competing".
 

Lanja

Member
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From Berit Kjøll, the president of Norwegian sport (idrettspresident):

"CAS' decision to lift the temporary suspension of the Russian skater is very unfortunate. This decision undermines both fair play and a level playing field for the athletes.

"Last but not least, in light of the documented and systematic doping for which Russia has been responsible in the past -- and for which they have also been convicted -- this case unfortunately once again raises questions about Russia's integrity in international anti-doping work."
 

flyingsit

Well-Known Member
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I’m not shocked but am much more angry than I expected to be.

seriously, this justification is a roadmap for how to get away with it. Dope someone underage and delay their sample testing until it’s too close to the competition for a “full investigation “ and boom.
 

Desperado

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1,310
I’m disappointed but so jaded already that I figured it would be this way. After all:

ROC - Record Of Cheating

As I stated before, if you’re old enough for competition glory, you’re old enough for the negative consequences of competition rules. Only athletes 18 and over should be competing, if only to protect young bodies from overtraining and abuse and now, doping.

I don’t think KV will do as well as her other counterparts. This situation must be terribly hard on her mentally, so not having a medal ceremony could penalize other competitors which is heartbreaking for them. It’s almost as if CAS is sure it will only be ROC girls. Another deal, perhaps?
 

Orm Irian

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I don’t think KV will do as well as her other counterparts. This situation must be terribly hard on her mentally, so not having a medal ceremony could penalize other competitors which is heartbreaking for them. It’s almost as if CAS is sure it will only be ROC girls. Another deal, perhaps?
You never know. Any clean non-Eteri skaters who reach the podium might be glad to be spared the humiliation of being forced to attend a medal ceremony alongside an alleged doped skater, not to mention the whole undignified business of reshuffling the medals later when the investigation is concluded.
 

screech

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I'm disappointed in the decision, though not surprised. I'm also disappointed for those who place on the podium with Kamila as they will be missing out on their Olympics podium experience due to CAS' decision.
Their decision basically says that it's okay to take banned substances and get caught as long as you're a minor.

Even with CAS decision, can ISU rule that she is not permitted to compete at Worlds this year?
 

ribbon

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The other skaters have been under extra pressure too, I’m sure. I hope the event is not a splat-fest. In my dreams I hope Wakaba skates clean and wows the world with her free skate and becomes the Yuna of 2014. But the whole event now has a cloud over it and it’s sad not be excited about watching Olympic figure skating.
 

Desperado

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You never know. Any clean non-Eteri skaters who reach the podium might be glad to be spared the humiliation of being forced to attend a medal ceremony alongside an alleged doped skater, not to mention the whole undignified business of reshuffling the medals later when the investigation is concluded.
In my view, they’ve already stood on the podium with doped skaters. How much their teams suspected it to be so then, we may now find out.
 

flyingsit

Well-Known Member
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Honestly, I don't expect KV to feel stressed or any other repercussions. Because if she medals here, even if it is later taken away by the IOC/ISU, she will forever be treated as an Olympic medalist in Russia with all of the accompanying benefits and lionization. In their eyes she will be an Olympic medalist/champion no matter what, with a healthy dose of martyrdom on the side. It's a win/win for them.
 

Bigbird

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Fair decision. CAS just served a genius Checkmate. If Valieva is such an honorable young girl, she will withdraw.

Russia isn't a real place. I am hopeful that she'll see that sooner rather than later.
 

LeafOnTheWind

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16,089
Over on Reddit, a roundup of skater reactions - and they are overwhelmingly negative.
Interesting read in the comments. Yelim Kim is one of the athletes that took issue with CAS's decision. She was 13 years old and accidentally skipped a drug testing because she skipped out on a medal ceremony. Even though she was 13 she was supposed to be aware of policy and follow it. I guess she deserved to be punished because she wasn't Russian enough.
 

soogar

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Interesting read in the comments. Yelim Kim is one of the athletes that took issue with CAS's decision. She was 13 years old and accidentally skipped a drug testing because she skipped out on a medal ceremony. Even though she was 13 she was supposed to be aware of policy and follow it. I guess she deserved to be punished because she wasn't Russian enough.
I thought about it, Valieva definitely knew she was taking something. Tara and Johnny both discussed how they had been tested since they were 13 years old and their parents had to call hotlines to get clearance for cold medicines. Tara said she was very careful about what she took. I think the situation at Eteri's is so competitive and toxic, that the kids just accept the drugs because that is what they do to win. You can see the open sentiments that Russian athletes expressed about not being able to take Meldonium. Plush said it wasn't a big deal, like a vitamin. With that mentality, I really don't think Russian athletes have a problem with supplementation.

Athletes in general, supplement with creatine, BCAA and other things to gain an edge with muscle building and performance. What is disappointing is that this was banned, and the Russians will use it anyway and just microdose so it won't be discovered with testing. It is unfair that other athletes have to worry about their cosmetics and cold medicine, yet Russians can take drugs.

I also think they are expecting a sweep and probably suspect Anna and Sasha as well. Wouldn't be surprised if this is why there will be no medal ceremony. They are definitely on this stuff as well; they just hadn't tested positive for it.
 

quartz

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I want Kamila to go out on the ice and skate around the rink for two minutes so as to not qualify for the free skate. Then she will show what the adults around her seem to be incapable of - integrity, honesty, and fairness. That, would be her Olympic glory.
 

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