Details of the WADA case
The Lausanne Court of Arbitration for Sports (CAS) has published the World Anti-Doping Agency’s (WADA) indictment against the Russian figure skater. Earlier, WADA sent a statement to Lausanne requesting a consideration of the Kamila Valieva case due to the inaction of the Russian Anti-Doping Agency (RUSADA), which had to make a decision.
In the materials published by CAS, it is stated that WADA requested the disqualification of the Russian athlete for four years on the grounds of doping, while in the lawsuit filed against Valieva and RUSADA, it is said that the disqualification should start from the moment the decision is announced by the court. .
At the same time, WADA also expects all results from Valieva to be canceled since 25 December 2021. And there are victories in the European and Russian championships, and in the team championship of the Olympic Games.
Recall that the positive doping test of a figure skater from Russia became known during the Beijing Olympics, after the victory of the Russian team in team competitions, where the ward of Eteri Tutberidze skied both in a short and free program.
Initially, the name of the person involved in the case was not sought, because at that time Valieva was not yet 16 years old, which made her a protected person according to WADA rules. However, the information was leaked soon after.
The main favorite of the women’s Olympics tournament was temporarily suspended from performances, but after an appeal, the independent RUSADA commission lifted the suspension, but in individual competitions Valieva failed in the short program, placing only fourth.
The International Olympic Committee has canceled the awards until a final decision is made after the team tournament of the Games. RUSADA was expected to close the Valieva case early in the fall, but following the conclusion of the investigation, the commission failed to meet in sufficient composition for a decision quorum.
In addition, the agency said that the decision will not be made public, as Valieva is still a protected person.
RUSADA missed the deadline
This situation did not suit WADA, especially in the figure skating world, dissatisfaction is growing, where athletes are still waiting for their medals, and the results of the Game team tournament, which are periodically reported on social networks, are uncertain.
The application was sent to CAS because RUSADA postponed hearings on the case several times and violated the November 4 deadline set by WADA.
Now, after some time, three arbitrators will be appointed who must make a decision. And it must be final. One arbitrator will be proposed by WADA, the third arbitrator will be appointed by RUSADA and the third arbitrator will be appointed directly by CAS.
We do not doubt the innocence of Kamila Valieva. Alexander Gorshkov, the head of the Russian Figure Skating Federation (FFKR), told TASS that we cannot comment on this as the federation is not a party to the process.
“It matters how many results are cancelled”
Anna Antseliovich, head of sports practice of the legal group Clever Consult, commented on the situation for socialbites.ca.
“It’s actually quite a long statement, but it’s a general rule in anti-doping regulation: the countdown starts from the moment the decision is made. However, sometimes the disqualification date can be counted from an earlier date.
If the athlete had been suspended, the time spent there would count towards the actual disqualification. Four years is the standard sanction. Anceliovich said that it is easier for him to get a discount as a protected person, but he will still have to prove the insignificance of his crime.
– But here the question of disqualification is secondary. First: When will all results be cancelled? Cancellation is usually made from the moment the sample is taken.
I don’t know if the results will be revoked and for what period. Sometimes it is different. There is a clause in the rules regarding the annulment of results “unless fairness requires otherwise”. Here’s how the substance can affect, etc. It will be necessary to understand.
And the decision of the Court of Arbitration for Sport in this case will already be final, it will be possible to appeal to the Swiss Federal Court only for procedural violations committed by CAS during the external conduct of the process.
Source: Gazeta
Gregory Robert is a sports aficionado and a writer for “Social Bites”. He provides in-depth coverage of the latest sporting events and trends, offering a unique and knowledgeable perspective on the world of sports.