GENEVA: Russias status as an Olympic team, and its reputation as a serial cheater in international sports, goes on trial next week in more legal fallout from the country’s state-backed doping saga.
At an undisclosed location in Lausanne on Monday, the Court of Arbitration for Sport will start hearing four days of evidence and testimony about a manipulated database from the Moscow testing laboratory.
The three-judge panel has been asked by the World Anti-Doping Agency to ban Russias name, flag and anthem from the Tokyo Olympics and 2022 Winter Games in Beijing, plus four years of world championships.
WADA would let Russian athletes compete only if not implicated in doping or cover-ups. Russias right to host and bid for world championships could also stop for four years.
The case formally pits WADA against its Russian affiliate, known as RUSADA. The Russian agency was ruled non-compliant last December. That decision and the proposal of sanctions is being disputed.
But it is the Russian state that is effectively on trial for its handling of the database. It was given to WADA investigators belatedly in January 2019 after the laboratory had long been sealed. WADA says details of doping tests and emails were deleted or changed, and false trails created to frame whistleblowers.
RUSADA denies wrongdoing and claims the punishments are unfounded, lacked legal basis … and violated the principle of proportionality, CAS said this week.
The Russian government has often blamed a western conspiracy since the WADA investigations opened in 2014.
Previous doping revelations led to chaotic late selection vetting that let hundreds of Russians compete at the past two Olympics. The International Olympic Committee refused WADAs request to ban Russia outright from the 2016 Rio de Janeiro Games.
Postponing the 2020 Tokyo Olympics by one year during the coronavirus pandemic gave more time to resolve this case.
The hearing opens two weeks after more allegations of Russian misconduct in Olympic circles.
Russian military intelligence officers were indicted by the U.S. Department of Justice for alleged cyberattacks, including on the 2018 Winter Olympics in Pyeongchang, South Korea. Britains government said Russia also targeted the Tokyo Games.
A CAS verdict is not expected for at least several weeks. A further appeal is possible at Switzerland’s supreme court.
DOPING SAGA
Russian doping programs were first reported by media and then detailed by WADA-appointed investigations led by two Canadian lawyers, veteran IOC member Richard Pound and long-time CAS judge Richard McLaren.
Evidence included steroid cocktails, orders to hide doping cases, and state agents helping to swap athlete samples through a hole in the wall at the 2014 Sochi Olympic testing laboratory.
At its heart was Moscow and Sochi lab director Grigory Rodchenkov. He fled Russia and is in the witness protection program in the United States. His story was told in an Oscar-winning documentary.
WADA declared RUSADA non-compliant in 2015 and lifted the ban in September 2018, with conditions.
CURRENT CASE
A key demand in the current case was getting the Moscow labs database and stored samples within three months. They were a route to closure for Russia and lifting suspicion from athletes.
WADA investigators waited to cross-check evidence with a database copy it got from a whistleblower. What they received in January 2019 one month later than promised had been altered.
Flagrant manipulation, the IOC said, and an insult to the sporting movement worldwide.
WADA opened the case using updated compliance rules that gave the agency more powers to sanction, including the banning of the team name and flag. RUSADA rejected WADAs proposal, and Russian Olympic officials later fired the RUSADA chief executive who acknowledged the wrongdoing.
Russias own investigation blamed illicit database editing from abroad and unstable lab software.
THE HEARING
WADAs request to open the hearing to media needed consent from all parties. It was refused.
The third parties now include the IOC, European Olympic Committees, International Paralympic Committee, hockeys governing body and Russian affiliates of each, plus some athletes.
The International Ice Hockey Federation could be forced to move the 2023 world championships from St. Petersburg.
The hearing in English and Russian will have some parties in the room and others on video link.
THE JUDGES
Each side in the case gets to pick one judge to sit on the three-person panel, and those two judges then pick a third.
WADA chose Luigi Fumagalli of Italy. He often gets soccer cases and also led the CAS panel which ruled 67 Russian track and field athletes ineligible for the 2016 Olympics.
Russia’s pick is Hamid Gharavi, a dual France-Iran national. He was selected by Russian athletes in cases that overturned 28 disqualifications by the IOC from Sochi.
The panel president the two judges chose is Mark Williams, an Australian who has ruled on athlete selection disputes for his country’s Olympic body.
The verdict should bind all sports bodies signed up to the World Anti-Doping Code.
If sanctions are applied, they would likely include how to name future Russian teams. It was Authorized Neutral Athletes at the track worlds, but Olympic Athlete from Russia at Pyeongchang. WADA, however, is against any name that includes the word Russia.
A process for vetting Russian entries to major events is also needed.
This decision must be watertight and waterproof, IOC President Thomas Bach said in January. It cannot leave any, any room for any kind of interpretation.
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