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Threatening witnesses, impugning translators, ignoring rules, CAS ruling to disclose details of Sun Yang's protest(1)

[International News]     11 Mar 2020
During the hearings, Sun Yang stated that these acts were carried out on the advice of his entourage. According to the arbitral tribunal ," an athlete should be held accountable for his or her actions and not be held accountable to others. "Surprisingly, during the testimony, the athlete (referring to Sun Yang) never expressed any regret about his behaviour. "
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During the hearings, Sun said the actions were made on the advice of his entourage. According to the arbitral tribunal ," an athlete should be held accountable for his or her actions and not be held accountable to others. "Surprisingly, during the testimony, the athlete (referring to Sun Yang) never expressed any regret about his behaviour. "


First published in Southern People`s Weekly


Wen | Edited by Xu Mei journalist Chen Yafeng


It takes about 7 minutes to read the full text about 2819

Sun Yang (right) arrives at hearings scene on November 15,2019


On March 4, Beijing time, the official website of the International Sports Arbitration court (CAS) published the full text PDF document of the Sun Yang arbitration award in the column of the recent arbitration decision (Recent decisions). The 78-page document, consisting of ten parts, covered the parties, factual background, procedures of the arbitration court, translation and interpretation, submissions and requests for relief, jurisdiction of the CAS, admissibility of appeals, determination of applicable law and main issues, conclusions, and the bearing of arbitration costs.

Beijing time on the afternoon of February 28, the International Sports Arbitration court has issued a press release to ban Sun Yang for eight years. After the full text of the award is made public, more details and key elements are disclosed.

As Sun Yang and his team refused inspectors to take blood samples, the doping inspector (DCO) warned about the consequences they would have. Under the pressure of Sun Yang, the DCO and blood examination assistant (BCA) took out the bottle from the storage box and handed it over to Sun Yang. A glass bottle containing a blood test tube was smashed with a hammer by a security guard, and Sun Yang turned on his flashlight to help. The test tube containing blood samples was intact and taken away by Sun Yang. During DCO presence, the athletes tore up their previously signed doping checklist.

(c) The tribunal agreed that Sun Yang had violated section 2.5 of the FIA Doping Control Ordinance (obstructing doping inspections at any stage) and that the athlete did not present a fully justified reason to destroy the specimen and cancel the doping examination when he considered the inspection procedure to be inconsistent with the requirements of the International Standards for Inspection and Investigation (ISTI). According to the arbitral tribunal, the person responsible for the doping examination (against Sun Yang) fully met the qualifications required by the International Standards for Inspection and Investigation (ISTI). (Athletes may) After providing blood samples, challenge the qualification of the examiner and keep the intact samples by the inspector. However, after repeated interventions and warnings, the athletes did such an act of destroying the sample, making it impossible for the laboratory to analyze the sample thereafter.

Sun Yang`s eight-year suspension of the penalty shall be calculated from the date of the award of the International Sports Arbitration Tribunal. Under the heavy penalty, CAS also carefully assessed Sun Yang`s doping test results before and after the anti-test (not positive), and considered that his post-test competition qualifications and achievements should not be deprive. In addition, since FINA did not suspend Sun Yang`s eligibility for the competition in this case, the arbitral tribunal retained Sun Yang`s two gold medals obtained at the Korean Guangzhou World Championships.

Pursuant to CAS《 Rules of Arbitration relating to Sports (hereinafter referred to as "the Rules of Arbitration for Sports "), the arbitral tribunal ruled that the athletes (Sun Yang) and the International Swimming Federation WADA paid 15,000 Swiss francs respectively for the law and related expenses incurred in the case.

On January 19,2020, Sun Yang received the award after the competition. During the men`s 400m freestyle final of the 2020 International Swimming Federation (FINA) Championships (Beijing Station), Sun won the championship with 3 minutes and 44 seconds.

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