The IAAF is grateful to the Court of Arbitration for Sport (CAS) for the decisions it published today upholding the IAAF’s appeals concerning the cases of six international-level Russian athletes: Olga Kaniskina, Yuliya Zaripova, Sergey Bakulin, Valeriy Borchin, Vladimir Kanaykin and Sergey Kirdyapkin.
The IAAF will immediately proceed to the effective disqualification of results, re-rankings and reallocation of medals in all competitions under its control. With respect to the Olympic Games, the IAAF will inform the International Olympic Committee of the CAS decisions and request the disqualification of results and the reallocation of medals.
Summary
All six athletes had initially been charged by the IAAF following abnormalities in their Athlete Biological Passport’s profile. They had all been found guilty of a doping offence and all received an increased period of ineligibility imposed by the Russian Anti-Doping Agency (RUSADA). However, the IAAF considered that RUSADA had been too “selective” as regards the results to be disqualified retroactively as a consequence of the doping offence revealed by the Athlete Biological Passport and that actually more results should have been disqualified.
The IAAF considered this as an important point of principal in the context of the Athlete Biological Passport and is pleased to see that the CAS Panel has taken the strongest possible line and made a strict and full application of IAAF Rules, in the interest of clean athletes and sport justice.
Joseph S. Blatter has filed an appeal at the Court of Arbitration for Sport (CAS) against the decision issued by the FIFA Appeal Committee on 16 February 2016.
In his appeal to the CAS, Mr Blatter seeks the annulment of the decision taken by the FIFA Appeal Committee in which he was suspended from all football-related activities at national and international level for six years.
A CAS arbitration procedure is in progress. First, the parties will exchange written submissions and a panel of three arbitrators will be constituted. The Panel will then issue directions with respect to the holding of a hearing. Following the hearing, the Panel will deliberate and at a later date, it will issue a decision in the form of an Arbitral Award.
Michel Platini has filed an appeal at the Court of Arbitration for Sport (CAS) against the decision issued by the FIFA Appeal Committee on 24 February 2016.
In appealing to the CAS, Michel Platini seeks to annul the decisions taken by the Adjudicatory Chamber of the FIFA Ethics Committee and by the FIFA Appeal Committee which lead to him being declared ineligible to take part in football-related activity at national and international level for six years.
A CAS arbitration procedure is in progress. First, the parties will exchange written submissions and a panel of three arbitrators will be constituted. The Panel will then issue directions with respect to the holding of a hearing. Following the hearing, the Panel will deliberate and on a later date, it will issue a decision in the form of an Arbitral Award.
A new CAS Anti-doping Division will handle cases already starting with the Olympic Games Rio de Janeiro 2016
The Executive Board (EB) of the International Olympic Committee (IOC) today agreed to delegate the decisions on alleged anti-doping rule violations during the Olympic Games to an independent body. A new Anti-doping Division of the Court of Arbitration for Sport (CAS) will handle cases from the Olympic Games 2016 onwards.
The CAS Anti-Doping Division will replace the IOC Disciplinary Commission to hear and decide on doping cases at the Olympic Games, as well as the subsequent re-analysis of samples taken at the Games.
The move comes as part of the Olympic Agenda 2020 reforms, and follows the Resolution of the Fourth Olympic Summit to make anti-doping testing independent of sports organisations.
IOC President Thomas Bach
“This is a major step forward to make doping testing independent, following the decision of the IOC Executive Board three months ago after the proposal of the Olympic Summit. It represents support for the IOC’s zero tolerance policy in the fight against doping and in the protection of the clean athletes,” IOC President Thomas Bach said.
The delegation of the results management and hearings to the CAS is another step taken by the IOC in recent weeks to make the anti-doping system more independent. Earlier it was proposed that the World Anti-Doping Agency (WADA) lead intelligence-gathering funded by the IOC to make testing in the lead-up to the Olympic Games in Rio de Janeiro as efficient and independent as possible. Out-of-competition testing during the Olympic Games will also be guided by this intelligence group from WADA, to make it more targeted and more effective.
The delegation by the IOC Executive Board to the CAS Anti-doping Division is pursuant to Rule 59.2.4 of the Olympic Charter. The IOC Anti-Doping Rules applicable to the Games of the XXXI Olympiad, Rio de Janeiro, 2016 will be amended accordingly to reflect this change.
The IOC is working to ensure a more efficient, transparent and credible anti-doping system by taking all aspects of results management and hearings out of the hands of sports organisations.
The Court of Arbitration for Sport (CAS) has today issued its decision on the urgent request for provisional measures filed by HRH Prince Ali Al Hussein of Jordan. The request for provisional measures has been rejected by the President of the CAS Appeals Arbitration Division. The full order with grounds will be communicated in a few days.
On 22 February 2016, HRH Prince Ali Al Hussein filed an appeal against a decision taken by the FIFA Ad-hoc Electoral Committee dated 15 February 2016 in which it declined to incorporate the use of transparent voting booths for the upcoming FIFA Presidential Election. In an urgent request for provisional measures, HRH Prince Ali Al Hussein sought an order that FIFA be directed to use transparent voting booths, as well as independent scrutineers, in order to safeguard the integrity of the voting process and to ensure that the vote is conducted in secret.
Prince Ali bin al-Hussein to run for FIFA President photo credit JFA
In addition, HRH Prince Ali Al Hussein also asked for the FIFA Presidential Election to be postponed in the event the CAS could not rule on the request for provisional measures before the election, but this request is now moot.
HRH PRINCE ALI AL HUSSEIN REQUESTS URGENT INTERIM MEASURES AT THE COURT OF ARBITRATION FOR SPORT (CAS)
The Court of Arbitration for Sport (CAS) has registered an appeal and request for urgent provisional measures filed by HRH Prince Ali Al Hussein of Jordan against a decision taken by the FIFA Ad-hoc Electoral Committee dated 15 February 2016 in which it declined to incorporate the use of transparent voting booths for the upcoming FIFA Presidential Election.
HRH Prince Ali Al Hussein seeks an order that FIFA be directed to use transparent voting booths, as well as independent scrutineers, in order to safeguard the integrity of the voting process and to ensure that the vote is conducted in secret. FIFA has been invited to file written observations in reply to Prince Ali’s request.
Prince Ali bin al-Hussein photo credit JFA
The request for provisional measures will be decided by CAS no later than the morning of Thursday 25 February 2016. In the meantime, the CAS will not comment on this pending matter
Three appeals have been filed at the Court of Arbitration for Sport (CAS) against the International Association of Athletics Federation (IAAF) Ethics Commission decision dated 7 January 2016.
Valentin Balakhnichev, former President of the All-Russia Athletic Federation (ARAF), Alexei Melnikov, former Chief ARAF Coach for long distance walkers and runners, and Papa Massata Diack, former marketing consultant to the IAAF, all seek to have their life bans from involvement in the sport of track and field annulled.
CAS arbitration procedures are in progress. The CAS will not comment any further at this time.
The Court of Arbitration for Sport (CAS) has issued its decision in the appeal filed by Musa Hassan Bility against the FIFA Ad hoc Electoral Committee’s decision of 12 November 2015 (the FIFA AEC Decision) in which his candidacy for the upcoming FIFA presidential election was refused. The CAS has dismissed the appeal and upheld the FIFA AEC Decision.
The FIFA Ad hoc Electoral Committee noted that Mr Bility had failed to pass the integrity checks carried out by the Investigatory Chamber of the FIFA Ethics Committee, and for this reason, could not be admitted as a candidate for the election for the office of FIFA President to be held on 26 February 2016.
In appealing to the CAS, Mr Bility sought to overturn the FIFA AEC decision in order to be able to run for the FIFA presidential election in February. At the request of Mr Bility, and with the agreement of FIFA, an expedited procedure was put in place to enable a final decision on the merits to be issued before the end of 2015.
Musa Hassan Bility
The Panel of CAS arbitrators in charge of the procedure, Mr Hendrik Willem Kesler (Netherlands), Mr Muchadeyi Ashton Masunda (Zimbabwe) and Mr Bernhard Heusler (Switzerland) held a hearing with the parties on 23 December 2015 and has today issued his decision in which the appeal of Mr Bility is dismissed. The full award, with the grounds for the decision, will be issued in early 2016.
The Court of Arbitration for Sport (CAS) has issued its decision in the appeal filed by David Nakhid against the FIFA Ad hoc Electoral Committee’s decision of 28 October 2015 (the FIFA AEC Decision) in which his candidacy for the upcoming FIFA presidential election was refused. The CAS has dismissed the appeal and upheld the FIFA AEC Decision.
In its decision of 28 October 2015, the FIFA AEC found that Mr Nakhid had not presented declarations of support from at least five member associations, and for this reason, could not be admitted as a candidate for the election for the office of FIFA President on 26 February 2016.
In appealing to the CAS on 13 November 2015, Mr Nakhid sought the annulment of the challenged decision and an order that his candidacy be reinstated.
In line with the FIFA AEC, the CAS Panel found that one member association had issued declarations of support to two candidates, including one for Mr Nakhid, in violation of the applicable FIFA rules. As a consequence, those letters of support were disregarded, meaning that David Nakhid had not met the qualifying criterion of obtaining declarations of support from at least five member associations, and accordingly, his candidature could not be validated.
The full award with the grounds will be notified to the parties in a few days.
The International Shooting Sport Federation – ISSF – notes with greatest concern that ANOC President and long-time IOC member Sheikh Ahmad Al-Fahad Al-Sabah (“Sheikh Ahmad”) reportedly received a six-month prison sentence from a court in his native Kuwait for allegedly insulting the judiciary.
These very disturbing news appear to be the next level of escalation of a dispute between the Kuwaiti Government and the sports world.
From ISSF perspective this dispute began when ISSF President Olegario Vazquez Raña prevailed against the Kuwaiti Minister of Sports and Youth, Sheikh Salman Sabah Al-Salem Al-Homud Al-Sabah (“Sheikh Salman”), in the ISSF Presidential election in December 2014. In the following Sheikh Salman refused to initiate a change of Kuwaiti state laws to guarantee the autonomy of sport in Kuwait despite intensive attempts by the IOC to convince him to do so. As a consequence the IOC suspended the recognition of the Kuwaiti Olympic Committee because of undue governmental interference in sports in Kuwait. Several International Federation followed the step taken by the IOC and suspended their Kuwaiti members in order to convince the Kuwaiti government to take the legislative measures to guarantee the autonomy of the Olympic movement in Kuwait for the sake of the Kuwaiti Athletes. However, until today the Kuwaiti Government did not follow the suggestions by the IOC. Quite to the contrary, this dispute sadly now seems to have reached a new level of escalation.
ISSF President Olegario Vazquez Raña
The ISSF experienced already during Sheikh Salman’s campaign to become ISSF President in 2014 that he showed little sensitivity for a democratic process, the autonomy of sports and ethical behavior within an election process which was displayed by the following incidents which will be discussed and investigated by the ISSF Ethics Committee:
– Prior to the election of the ISSF President in December 2014 the Public Authority for Youth and Sport of the State of Kuwait led by Sheikh Salman sent inter alia a letter to the Minister of Youth and Sports of the Republic of South Africa. In this letter, the Kuwait Public Authority stated the following: “the friendly relationship between our two countries is unchanged by mutual cooperation in projects related to youth and sport” and hereafter asked for the “kind support for HE Sheikh/Salman Sabah Al-Homoud Al Sabah (sic), Minister of Information, Minister of State for Youth Affairs”
– Furthermore, prior to the election the Kuwait Shooting Federation (KSF) which had nominated Sheikh Salman as candidate and is apparently controlled by him, sent invitations to various ISSF member federations inviting them to the “H.H.The Amir of Kuwait 4th International Shooting Grand Prix” in Kuwait in January 2015. The KSF offered to provide airfare, accommodation, transportation, and participation fees – free of any charge – for an entire team. According to ISSF’s knowledge this had never happened before, let alone less than two months before a President’s election with a candidate nominated by the host making such offer.
– Additionally, alleged members of Sheikh Salman’s campaign staff apparently approached ISSF member officials offering financial assistance, including the payment of airfare for the journey to the ISSF General Assembly 2014, if they were willing to support the Sheikh Salman with their vote.
– There were also strong indications that the Sheikh paid the membership fees for several ISSF members which tellingly gave proxies to federations that were known for supporting Sheikh Salman’s candidature.
Despite all these more than questionable actions to influence the outcome of the election in December 2014, Mr Olegario Vazquez Raña prevailed in the election over Sheikh Salman.
However, instead of accepting the democratic decision of the ISSF members Sheikh Salman filed an appeal at the Court of Arbitration for Sport (CAS) against the election of Olegario Vazquez Raña. With his appeal the Sheikh inter alia submitted various identical written witness statements in his desperate attempt to build a case against his defeat. However, the decisive declaration within these witness statements turned out to be incorrect after questioning the witnesses directly at the two day hearing at CAS. Also for this reason CAS rejected the appeal by decision dated 16 November 2015.
The ISSF observed with greatest concern the further escalation of the senseless dispute between the Kuwaiti Government the IOC, its members and the ISSF.
The ISSF urges the Kuwaiti Government for the sake of the Olympic Movement in Kuwait and in particular the Kuwaiti athletes to stop its behavior contrary to the values according to the Olympic Charter triggered apparently also by personal interests and animosity immediately.
THE 90-DAY PROVISIONAL SUSPENSION IMPOSED ON MICHEL PLATINI REMAINS IN FORCE, BUT FIFA IS ORDERED NOT TO EXTEND IT
The Court of Arbitration for Sport (CAS) has partially upheld the request for provisional measures filed by Michel Platini requesting that his 90-day provisional suspension from taking part in any kind of football-related activity at national and international levels be lifted until a final decision on the merits of the dispute is taken by the FIFA Ethics Committee.
On 20 November 2015, Michel Platini filed an appeal against the FIFA Appeal Committee decision, notified on 18 November 2015, confirming the decision rendered on 7 October 2015 by the Adjudicatory Chamber of the FIFA Ethics Committee to impose a provisional ban of 90 days on him. The 90-day period expires on 5 January 2016.
The CAS Panel, composed of Mr Clifford Hendel (France/USA), President, Mr Rui Botica Santos (Portugal) and Prof. Ulrich Haas (Germany), determined that maintaining the provisional suspension for the remainder of the 90 days does not cause irreparable harm to Michel Platini at this point in time. Indeed, the CAS Panel has noted that, at the hearing of 8 December 2015, FIFA’s representatives confirmed FIFA’s assurances expressed earlier that the FIFA Ethics Committee would render its final decision on the merits on or before 5 January 2016, i.e. before the provisional suspension comes to an end.
The CAS Panel also emphasized that, even if the ban were lifted at this time, such measure would not give any guarantee to Michel Platini that the FIFA ad hoc electoral committee would validate his candidature for the FIFA presidential election before 5 January 2016.
However, the CAS Panel considered that the situation would change if FIFA were to extend the provisional suspension for any period up to 45 days, on the basis of “exceptional circumstances” as permitted by Art. 85 of the FIFA Code of Ethics. The Panel found that such an extension would constitute an undue and unjustified restriction of Michel Platini’s right of access to justice, cause irreparable harm to him and also tip the balance of interest test in his favour.
As a consequence, the CAS Panel ordered FIFA not to extend the current provisional suspension imposed on Michel Platini.
Valentino Rossi has withdrawn the appeal filed at the Court of Arbitration for Sport (CAS) against the FIM Stewards’ decision to impose 3 penalty points on his record following an incident with another rider during the Shell Malaysia Motorcycle Grand Prix race held on 25 October 2015.
In his appeal to the CAS, Mr Rossi sought the annulment of the penalty, or at least a reduction from 3 points to 1, since on the basis of the FIM Regulations, a rider with 4 penalty points must start the next race from last grid position. Together with his appeal, Mr Rossi filed an urgent application to stay the execution of the challenged decision in order not to lose his place on the starting grid at the final event of the season which was held in Valencia/Spain on 6-8 November 2015.
On 5 November 2015, the Sole Arbitrator appointed by mutual agreement of the parties, Prof. Ulrich Haas (Germany), dismissed Valentino Rossi’s request to stay the execution of the challenged decision. The Sole Arbitrator found that the conditions to grant the stay were not met, and accordingly, Valentino Rossi began the Valencia race from the last grid position.
Mr Rossi has now informed the CAS that he does not wish to continue with his appeal. Accordingly, the arbitration procedure has been terminated and the FIM decision will continue to remain in force.
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