Doping Cases and Bans 2020 Thread

[Vic Liu 1,687]

Chinese media also reported that the case back to CAS not free him from suspension. The reason is that a judge from CAS is racist and it is a procedual error.

 

But during this period if he is allowed to compete in FINA events remain unclear. Anyone please share infomoation.

[heywoodu 15,351]

  On 12/24/2020 at 3:24 AM, Vic Liu said:

The reason is that a judge from CAS is racist

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That is seriously how media are reporting it?  

[Vojthas 949]

I mean, even if it is procedural - how the hell can CAS make a procedural mistake? Are the judges there 25-years-old just graduated or old, experienced judges? Even if, how can a court (I mean Swiss Federal) do not care whether the procedural mistake had an influence on the matter.

 

Last year there has been a case of Polish Curling Federation. The decision was "innocent" although the Federation did not fulfill its duty of checking sth, but as this sth did not influence on further decision, it was upheld.

[Vic Liu 1,687]

  On 12/24/2020 at 6:43 AM, heywoodu said:

That is seriously how media are reporting it?  

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Thats what I summarized in one word. The whole story China report is that Sun’s lawyer argued that one of the judge of CAS had some racist speeches of Chinese thus he is not neutral enough to be the judge. And Swiss court agreed with this procedural error and ordered CAS to hear this case again.

[rafalgorka 1,634]

https://www.scmp.com/sport/china/article/3115294/sun-yang-swiss-court-confirms-lifting-ban-chinese-star-decision-based

[rafalgorka 1,634]

I wouldn't say that e.g. not having respect for a Chinese ruling party and its policies makes you a racist. 

 

But - as a lawyer - i agree that he should not be a judge on that particular case. This is quite obvious. 

[rafalgorka 1,634]

https://www.scmp.com/sport/china/article/3115252/what-does-latest-sun-yang-ruling-mean-chinese-stars-tokyo-olympic-hopes

 

Here they say that he is eligible to swim until next CAS ruling. It is very possible that - sadly, but i hope i am wrong here - we will not have this ruling before end of July 2021, so he may swim in Tokyo. 

[Vic Liu 1,687]

  On 12/24/2020 at 12:28 PM, rafalgorka said:

https://www.scmp.com/sport/china/article/3115252/what-does-latest-sun-yang-ruling-mean-chinese-stars-tokyo-olympic-hopes

 

Here they say that he is eligible to swim until next CAS ruling. It is very possible that - sadly, but i hope i am wrong here - we will not have this ruling before end of July 2021, so he may swim in Tokyo. 

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If it proves true, it's a total win for Sun Yang. He will retire after Tokyo Olympic anyway. 

[Dragon 1,894]

  On 12/24/2020 at 12:56 PM, Vic Liu said:

If it proves true, it's a total win for Sun Yang. He will retire after Tokyo Olympic anyway. 

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Would be a huge risk for China to let him compete in Tokyo.

If it goes back to CAS and the same verdict is reached again, he almost certainly loses any medal he wins in Tokyo and China will look very foolish

[Dragon 1,894]

  On 12/24/2020 at 11:52 AM, rafalgorka said:

I wouldn't say that e.g. not having respect for a Chinese ruling party and its policies makes you a racist. 

 

But - as a lawyer - i agree that he should not be a judge on that particular case. This is quite obvious. 

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Interesting that, when most of the Russians from the 2014 Olympics were cleared, nobody mentioned that the Austrian who judged the case had been recorded as supporting the Russian invasion of Crimea and saying it was justified under international law.