Sun Yang case retrial in late May: adopting video conference to form a new three-person arbitration team
In the early morning of April 2, the International Court of Arbitration for Sports issued a notice announcing the time for the second hearing on the Sun Yang incident.
According to the arrangement, the hearing will be held from May 24 to 28, and will be conducted by video conference. At the same time, a new three-person arbitration team will be formed.
The results of the hearing will not be announced on the spot, but will be announced at a later date.
Previously, on the evening of September 4, 2018, three IDTM staff members, who were entrusted by the World Anti-Doping Agency (WADA) to implement doping inspections, went to Sun Yang’s residence to conduct out-of-competition anti-doping inspections. The Lianhe reported that "Sun Yang violently resisted prosecution."
On November 19, 2018, FINA held a hearing on the matter in Lausanne, Switzerland; on January 3, 2019, the FINA Anti-Doping Committee made a ruling: The doping inspection performed by IDTM this time was invalid, and Sun Yang did not Doping violations.
On March 12, 2019, WADA formally appealed to CAS (International Court of Arbitration for Sports) on Sun Yang's violent resistance to prosecution.
After the hearing, on February 28, 2020, CAS announced that Sun Yang had failed to comply with the WADA regulations and decided to ban Sun Yang for eight years.
Regarding the CAS ruling, Sun Yang expressed dissatisfaction and appealed to the Swiss Federal Supreme Court.
In the early morning of December 24, 2020, the Swiss Federal Supreme Court decided to revoke the previous ruling of the International Sports Arbitration Tribunal involving Sun Yang.
It is reported that the reason why the Swiss Federal Supreme Court revoked the CAS ruling was that the chairman of the CAS arbitration panel was suspected of prejudice and discrimination.
Moreover, some of his questionable remarks were even made after he had been appointed as the chairman of the Sun Yang case arbitration panel.
Therefore, the Swiss Federal Supreme Court supported Sun Yang's questioning of the impartiality of the chairman of the arbitration panel, and revoked the suspension judgment of the International Court of Arbitration for Sports.
The new round of hearings to be held in May this year will also adopt a new arbitration panel.
According to media reports, compared with the lawyer team when the eight-year ban was announced, Sun Yang's lawyer team has now added Schellenberg Law Firm.
It is understood that the law firm once filed an appeal application to CAS against 39 Russian athletes who had been banned for life. In the end, 28 athletes were found to have insufficient evidence to prove their violations. Penalty (only prohibited from participating in the 2018 Pyeongchang Winter Olympics).
CAS is an "evidence-oriented" court. At that time, Sun Yang provided evidence that was inferior to WADA, so he was fined and suspended for 8 years.
Now, the case is sent back to CAS for retrial, which means that Sun Yang needs to provide more professional and beneficial materials to change the CAS judgment.
According to the news reporters from The Paper, in 2018, Sun Yang had already undergone extremely high-density drug tests. For example, at the Asian Games in Jakarta shortly before the event, Sun Yang had 5 out of 6 days of competition. Tiandu received a drug test, and the next day after returning to Hangzhou, he received a drug test.
Therefore, for Sun Yang, there is no reason to be afraid and avoid drug testing.
In response to certain rumors from the outside world, people familiar with the matter also revealed that in accordance with the relevant anti-doping regulations, three missed tests within 12 months will be judged as violations, but Sun Yang has never missed any drug test in his career.
Even at the end of February last year, after the eight-year penalty decision was made, Sun Yang continued to accept and cooperate with drug testing.
The Paper Journalist Pu Yaolei