The Swiss Court says no: Alex Schwazer will not make his last Olympics

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by Tiziana Di Giovannandrea

May 14, 2021 For Alex Schwazer. the dream of the Tokyo Olympic Games, which will begin on 23 July, has definitely faded. The 1st Court of Civil Law of the Swiss Federal Court has rejected the request presented by the South Tyrolean walker to arrive at the last minute for a suspension of his disqualification for doping.

The request for the precautionary suspension of the disqualification was presented by Alex Schwazer on April 16th. In August 2016, the Arbitration Tribunal of Sport (TAS) decided to impose an 8-year disqualification on the Italian walker for recidivism of doping. 

His lawyer

Gerhard Brandstaetter

commented to Ansa: "It's really a shame because Alex was in excellent shape". The Bolzano lawyer underlined how: "Alex is now 36 years old and in recent years he has cut his teeth. He has definitely realized that there is a closed world that is compact against him". Brandstaetter said he was embittered by Tas, Wada and World Atletics that "they should be super partes". 

Sandro Donati is also very embittered, who started training Alex Schwazer on April 1, 2015 while he was still serving a 4-year disqualification following the positive doping (Epo) that emerged at the end of July 2012 after a check in Oberstdorf in Germany where he was with his girlfriend at the time, the figure skater Carolina Kostner. The latter, following Alex's positivity, was then disqualified for complicity: it was she who denied the doping inspector the presence in the apartment of her boyfriend. The technician further explains: "Alex was pushing to make his last Olympics, we didn't leave him alone even if for me this procedure shouldn't have been done, just as the one in 2016 in Rio de Janeiro shouldn't have been done either".

Alex Schwazer won the Olympic Gold in the 50km Beijing 2008 when he was coached by Sandro Damilano at the time.

The 

sentence is dated 11 May

and is signed by the presiding judge of the 1st Court of Civil Law of the Swiss Federal Court, Christina Kiss. According to what is read in the device "as a rule and for constant practice in disputes such as those in question the suspensive effect or other precautionary measures are taken into consideration only if, on the basis of a summary examination of the file, the legal remedy seems very likely founded "while" in the concrete case this premise is not fulfilled ". 

Donati, we advised him not to go on after Bolzano

Sandro Donati, Alex Schwazer's coach and athletic trainer commented to the La Presse news agency: "I have described several times this citadel of Lausanne which governs all international sports justice. There is the IOC, the Wada, the Tas and the Court last appeal. What's missing, just a guillotine clerk. Defeated or disappointed? We corresponded to Alex's desire to try and try to save this Olympics, both me and the lawyer in every way told him we wouldn't do this pass, I would have ended with the victory at the Court of Bolzano after a real investigation of 4 and a half years and not with these things that are simulations of investigation. We had also advised against Alex to go to the Tas in August 2016. Why the system of sports justice is clear.We tried to help him and to fulfill this desire of his. But, as they say, reason is not valid against force. "" The positive side - continues Donati - would be that through this story it is understood that this power of sports justice is uncontrolled and uncontrollable. It is self-referential, their procedures are all running that are resolved in hours or in a few days. And this is not justice. If you have them as opponents you are doomed. If at least we understood this, but how should the sports justice system be placed with countries with a specific criminal law on doping? Here the law was put underfoot. An attempt was made to ridicule the Bolzano judge. We learned all this on the sites,knowing about this decision of the Swiss Federal Court in this way I consider it a definitive humiliation ".

Nencini, appeal to the European Court of Rights

The president of the Senate Education, Culture, Entertainment and

Sports Commission, Riccardo Nencini writes in a note: "The blue walker was acquitted: he was clean. The Swiss Court rejects the request for suspension of the disqualification and so Alex Schwazer will not be able to participate in the Olympics. If there is a need to appeal to the

European

Court

of Human Rights, I am here! ".