Tribunal Arbitral du Sport
Court docket of Arbitration for Sport
2) On the idea of the very restricted details of this case, and after consideration of the related authorized
points, it has decided that no provisional suspension needs to be imposed on the Athlete because of the following distinctive circumstances: a) The Athlete is a “Protected Individual” beneath the World Anti-Doping Code (WADC); b) The RUSADA Anti-Doping Guidelines and the WADC are silent with respect to provisional
suspension imposed on protected individuals, whereas these guidelines have particular provisions for
completely different requirements of proof and for decrease sanctions within the case of protected individuals; c) The Panel thought-about elementary ideas of equity, proportionality, irreparable hurt,
and the relative stability of pursuits as between the Candidates and the Athlete, who didn’t check optimistic in the course of the Olympic Video games in Beijing and remains to be topic to a disciplinary process on the deserves following the optimistic anti-doping check undertaken in December 2021; specifically, the Panel thought-about that stopping the Athlete from competing on the
Olympic Video games would trigger her irreparable hurt in these circumstances; d) The CAS Panel additionally emphasised that there have been severe problems with premature notification of
the outcomes of the Athlete’s anti-doping check that was carried out in December 2021 which impinged upon the Athlete’s capability to ascertain sure authorized necessities for her profit, whereas such late notification was not her fault, in the course of the Olympic Winter Video games Beijing 2022.
3) In conclusion, the Panel decided that allowing the provisional suspension to stay lifted
The CAS Advert hoc Division was requested to find out the slender problem as as to if a provisional suspension needs to be imposed on the athlete. It was not requested to rule on the deserves of this case, nor to look at the authorized penalties referring to the outcomes of the crew occasion in determine skating, as such points shall be examined in different proceedings.
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