"There is every chance to save the Olympic medal": how are the hearings in the CAS on the doping case of Valieva

For two days, the Court of Arbitration for Sport in Lausanne is holding hearings in the case of Kamila Valieva on a possible violation of anti-doping rules. According to the published release, on the eve of the speeches of the parties and the testimony of witnesses were announced, and on Wednesday the floor was given to experts. According to American journalist Christine Brennan, who was present in Lausanne in person, both days of the meeting ended two hours later than planned.

According to sports lawyer Anna Antseliovich, as a rule, 30-40 minutes are allocated for the speech of each of the participants.

"The three days for the hearings were not chosen by chance, but in connection with the joint proceedings. If there is not enough time, there is the possibility of additional, fourth days. As we can assume, each of the participants most likely stated their experts. These are people who have certain scientific knowledge and confirm the theory on which each side in the case bases its position, "the specialist said in an interview with RT.

Three arbitrators are considering Valieva's case. On the part of the International Skating Union (ISU) and WADA, American Jeffrey Mishkin was nominated to the board, CAS appointed James Drake, representing Great Britain and Australia, and Frenchman Mathieu Maisonneuve from the Russian figure skater.

"Frankly, I am not very aware of it, because, as a rule, they try to choose the Swiss to represent interests in CAS. This is due to the fact that subsidiarily, in addition to the rules of international organizations, Swiss law is applied," Antseliovich said.

Recall that the banned substance trimetazidine was found in Valieva's sample dated December 25, 2021. This became known during the Beijing Olympics - after the skater won gold medals in the team tournament. Therefore, at stake is the fate of not only Valieva herself, but also other members of the national team, who may lose the title with her. However, Antseliovich believes that the athlete will keep her Olympic medal.

"Taking into account the requirements of RUSADA, it seems to me that we will talk about a significant reduction in all sanctions. Of course, I would like to be given a complete absence of guilt, but in this direction not everything is so simple. But I'm just sure that minor fault or negligence must be established. There is every chance to save the Olympic medal, "said the interlocutor of RT.

WADA, in turn, is confident that CAS will make an informed and objective decision. "We want a fair outcome based on facts," said James Fitzgerald, a spokesman for the agency.

However, not everyone believes in this. So, according to USADA CEO Travis Tigert, justice in Valieva's case has already failed.

"Given the significant delay, justice appears to have failed, as the athletes, including Valieva herself, the Russian team and other teams that claimed medals, were never awarded. It is impossible to replace what was missed by the athletes who are now holding empty boxes for medals in their hands, "said Tigert.

The meetings are held behind closed doors, so the correspondents who are on the scene at the door of the headquarters of the Court of Arbitration for Sport are still out of work. As Brennan noted, no one said a word, although everyone understands the significance of the event.

"The outrageous mixture of hesitation and delays that began with the fact that more than a year and a half ago American and Japanese skaters were robbed of the awards ceremony at the 2022 Olympics in Beijing, has finally reached CAS. It is here that Valieva's fate will be decided, although not soon, because absolutely nothing has been done in this case. This week there will be three or four days of hearings, and in a month, two or three there will be a verdict, "the American wrote.

Moreover, according to Antseliovich, the decision in the case of Valieva may be delayed for a year if the parties do not agree to the preliminary announcement of the operative part, without reasoning. And this is quite possible, since even the presence of the drug trimetazidine in the list of prohibited raises questions among experts. So, according to the French doctor Jean-Pierre de Mondenard, WADA has no evidence that the substance affects sports performance, and the organization has never submitted relevant documents.

"In the past, I defended a wrestler who did not pass an anti-doping test because of this drug. I asked WADA to provide me with medical protocols justifying the ban on the drug. I never received a response from them. The drug was invented in 1964 by the Servier laboratory, and it appeared on the WADA list only 50 years later. Neither the laboratory nor WADA studies proving its effectiveness in the use of athletes have yet been conducted, "the doctor said.

According to de Mondenard, the WADA code provides three conditions for adding a substance to the prohibited list.

"First, the product must be effective in improving performance. Secondly, it must have side effects, and, thirdly, violate the principles of sports and medical ethics. Thus, the first criterion does not work in this case. Studies proving that trimetazidine improves performance have not been conducted. That is, WADA violates its own rules," the specialist said.

At the same time, RUSADA noted that the athlete's side could not prove the complete absence of her guilt at the level established by the rules. But, according to the general director of the organization, Veronika Loginova, it is minimal, and a warning could be a reasonable sanction.

"At the moment, we can't comment on anything. But I will say that yesterday was the first day of hearings, a lawyer is present on our behalf. We will not be able to give any other information. I can't say the exact timing of the decision. Tomorrow the course of the hearings will be clear, then we will be able to talk about it, "Match TV quoted Loginova as saying.

Outside observers only have to follow the emerging news and hope for a successful outcome of the case. Tatyana Tarasova, Alexander Zhulin, Tatyana Mishina, Natalia Bestemyanova and many other masters of figure skating expressed their support for Valieva. At the same time, few believe that Camila will be able to escape punishment in one form or another.

"I want Valieva to continue skating, she has great potential, I wouldn't want everything to stop like that. I hope she will prove herself, but I don't think that Kamila will be able to justify," said Mishina.

ROC President Stanislav Pozdnyakov is not counting on a fair decision. He bases his opinion on the existing negative experience over the past year and a half.

"For me, the fact that even sports arbitration, once independent, is now seriously biased, is extremely unpleasant. And I am sorry that this process is taking place against the backdrop of undisguised political pressure on all sports structures. Including CAS. In previous years, we looked more at his professionalism, at the prospect and outcome of the cases in which he participated. To date, everyone is in a state of uncertainty. From our point of view, CAS has certainly come under pressure from external factors. And this affects his authority, "TASS quoted Pozdnyakov as saying.

Sergey Alekseev, Chairman of the Commission of the Association of Lawyers of Russia on Sports Law, on the contrary, hopes for the impartiality of his colleagues.

"Taking into account the fact that each arbitrator, starting to consider the resolution of the dispute, signs a declaration on the absence of a conflict of interest and lack of interest, each of them is responsible for an unbiased, fair and objective decision. In addition, each arbitrator has a certain rating and is not interested in abuse. Therefore, we expect a fair outcome of the case, as it was in Beijing in February 2022, when, despite the participation of American and other Anglo-Saxon representatives, the decision was in favor of our athlete. A child who, due to his age, is protected in many ways, "Match TV quotes the lawyer as saying.

In his opinion, taking into account all the circumstances of the case, the decision of DAK RUSADA should be upheld, and Valiev should avoid disqualification and annulment of any results. But if the athlete's guilt in violating anti-doping rules is still established, then the punishment should be no more than two years or even limited to a warning.

At the same time, it is also important from what moment the period of ineligibility will be counted, if any. As Antseliovich explained, most likely, the sanction will come into force from the moment the decision is made, since the athlete was not temporarily suspended from the competition for the period of proceedings. This restriction was lifted from her back in Beijing, thanks to which she was able to take part in the individual tournament of the Games.

"If it is proved that the delays were not the fault of the athlete, but, in our opinion, they have already been proven by the previous CAS decision, then the period of ineligibility will be counted from the date of sampling. But then all results from the date of sampling will be canceled. To what extent is it in the interests of the athlete?" asked Antseliovich.