“Case for court”: RUSADA will challenge in CAS the exclusion of Russia from participation in international competitions

“The story may end in close proximity to the start of the Games”

The Russian Anti-Doping Agency (RUSADA) will appeal against the verdict of the World Anti-Doping Agency (WADA) to deprive the organization of compliance status and subsequent sanctions, including a four-year suspension of the team from participation in major international competitions. This decision was made at a meeting of the general meeting of RUSADA members, which was attended by the President of the Russian Olympic Committee (ROC) Stanislav Pozdnyakov.

“Following the discussion, the RUSADA General Meeting fully supported the recommendations of the Supervisory Board adopted last Thursday. The interests of the agency in the Court of Arbitration for Sport in Lausanne (CAS) and other proceedings will be represented by Schellenberg Wittmer, ”said Pozdnyakov.

The next step of the Russian side will be the signing of a letter on behalf of RUSAD Director General Yuri Ganus and its further sending to WADA. This should happen no later than December 27 of this year. Next, the second side will file a claim with the court.

It is worth noting that the head of the agency was not present at the meeting of the general meeting.

“We are waiting for the signed document on the decision made today and after that we will be ready to give relevant comments on this topic,” RIA Novosti, Margarita Pakhnotskaya, quotes the deputy head of RUSADA.

Earlier, the recommendations of the supervisory board were unanimously supported by the ROC itself. In accordance with CAS regulations, the agency has the right to act as a third party in this matter. According to Pozdnyakov, the Olympic Committee has already decided on a lawyer who will represent his interests in CAS. They will be the Swiss Claude Romani.

“I am convinced that Russian athletes should go to the Games in Tokyo as part of a team that will be formed by the National Olympic Committee, as is written in the Olympic Charter. We will do our best to ensure that our athletes perform at the Olympics in Japan under the colors of the Russian tricolor, ”said the functionary.

The President of the ROC stressed that the Russian team will continue to prepare for the 2020 Olympic Games, regardless of the court decision. With regard to the duration of the process, the regulations do not spell out the dates in which WADA must contact CAS. Recall that if the case drags on, the punishment will be extended.

“There are prerequisites that this story may end in close proximity to the start of the Games or even later. From the moment the arbitrators are selected, and this is a lengthy process, until a decision is made, approximately three months will pass, ”Pozdnyakov explained.

He added that at present, the interests of the Russian Olympic movement are in conflict with the Code of Conformity and the Olympic Charter. The Russian Paralympic Committee (RCC) took a similar position, whose interests are also affected by the WADA decision.

“At a meeting of the executive committee of the RCC, all aspects of this conflict were carefully considered, as well as the recommendations of the RUSADA Supervisory Board. Since disputes have arisen between the parties, such things are decided in court, of which CAS is a sport. That's what we agreed on, ”said President of the ROC Vladimir Lukin.

“You never know which side the court will be on”

Russia welcomed RUSADA’s decision to appeal the WADA verdict. So, according to the former world boxing champion Nikolai Valuev, the charges were initially unfounded, and therefore going to court is the right way out.

“We are the only country to date that has been fully demanded by the anti-doping laboratory, and we did it, went to all the requirements and requests of WADA. We correspond to what is required of us, but the question is that there is no adequate evidence that something was distorted, it’s all in words, so it’s up to the court, ”TASS quotes Valuev.

The law firm selected by the ROC to represent RUSADA in court already has experience working with the Russian side. However, the head of the Russian Cross-Country Skiing Federation (FLGR) Elena Vyalbe noted that for the successful outcome of the process, thorough work is necessary.

“The decision made today was the only right one; there is no other option at all. These lawyers are people we know, with Schellenberg Wittmer, our federation worked before the Games in Pyeongchang. They have experience, but when you go to court, you never know which side he will be on, ”Vyalbe emphasized.

At the same time, State Duma deputy and president of the Russian Curling Federation (FCR) Dmitry Svishchev suggested that the Russian side has very low chances to completely challenge the WADA verdict, as the court continues to be under tremendous pressure from the Western media. At the same time, he expressed hope for a positive outcome.

“I hope that after all, not only the Soviet court - the most humane, but also the CAS will be such, because the case concerns living people, pure athletes, whose honor and rights may be affected. Therefore, I really hope that the lawyers who will defend our position will be well prepared, will approach the case reasonably and with a good evidence base. And if not completely, then at least partially they can defend the interests of the country and our athletes, ”Svishchev said.