CAS submits explanatory statement on case Alexander LEGKOV and Evgeniy Belov v. FIS.
WIESCHEMANN · Lawyers see essentially confirmed. Athletes will be able to start after 31.10.2017. McLaren report for itself does not serve as evidence of a doping violation of an individual athlete
Panel considers it possible that after further investigations are completed the evidence ultimately uncovered will lean to exoneration of the athletes. Evidence which are already known – that is, the McLaren report by itself and its supporting documents – and which have been subject to the assessment of the panel are not sufficient to proof individual guilt. That means that the athletes will be free for the next winter season and the Olympic Games unless further investigations will bring new facts and evidence to light.
The defence expressly welcomes the justification and its importance for the further procedure, even if the defence remains in a different opinion on detailed issues.
The CAS Panel has carefully analysed the wording of the FIS Anti-doping rules, which are unfortunately uneven and therefore misleading. It has also acknowledged the distinctly contradictory perspectives of the parties, which threshold of probability must be given for an anti-doping rule violation in order to Provisional Suspension. In this context, in particular, the procedure may be exemplary for other procedures, even though not all the implications have been discussed.
A provisional suspension is already sufficient (no longer, but also no less) a “Reasonable possibility”, That the athlete was involved in an anti-doping rule violation.
This is more than pure imagination or speculation; It requires an individual suspicion. This standard, however, is necessarily less than a “comfortable satisfaction”. The Panel considers that, although the FIS has shown that there is a “reasoned possibility” of an anti-doping violation, it is not the determination of an individual fault. Rather, the success of a penalty due to an anti-doping rule violation is, at best, the result of Further investigations Need to be dependent on which are still completely unknown.
The decision is also groundbreaking. So far, there has been widespread public opinion that the mention of athletes in the McLaren report alone would provide sufficient evidence that they were involved in the doping system established by Dr. Rodchenkov in Russia. But that is explicitly not the case.
The panel, on the other hand, was sensitive to the doubts of the athletes and has dealt very extensively with the question of whether the McLaren report is a sufficient basis for a“Reasonable opportunity” Offers.
In this respect, the Panel is in accordance with the defence and also Prof. McLaren himself, who repeatedly stated that he himself had not judged whether the facts he provided were sufficient to prove an anti-doping rule violation. However, the panel clearly points out and the defense admits that there must be a clear distinction between the legal sufficiency and the factual plausibility of the McLaren report, which the defence did not question.
The panel was also of the opinion that the previous forensic analyses provide sufficient evidence that the samples were exchanged. This may still be very important.
On the other hand, unlike the opinion of the FIS, the panel did not attach any importance to the fact that in particular the name Alexander Legkov, or the code assigned to it, was also the subject of the e-mail correspondence between Dr. Rodchenkov and Mr. Velikodny. This has also been judged differently in the public.
With regard to the “Duchess-list” and the “Medal by day list”, the conviction of the Panel and the defence remains slightly different.
While the panel took the factual representation, such as the information about the sample numbers, or “clean urine” to Ms. Rodionova, from the FIS, the defense continues to refer to the fact that the McLaren report has different possibilities of equal The probability of the missachtetete of the panel, the athletes Still aUtiger would be relieved.
As a result, the McLaren report may provide some athletes with a relatively convincing collection of documentary evidence, but for the procedures of Alexander Legkov and Evgeniy Belov, only a small combination of clues exists, which – even under Taking into account the importance of the Dutchess-list, it is not enough to provide a degree of conviction that would be necessary for real sanctions. They are, at best, sufficient for a – in the current situation unfortunately “reasonable opportunity”.
In particular, the Panel did not share the opinion of the FIS doping panel that the fact that Alexander Legkov, in particular, had made a huge number of clean samples in European laboratories and partly also during the Olympic Games, was irrelevant. If the athlete can prove that he cannot possibly have taken the Duchess cocktail during the time in question, the FIS will lose their case against him. Unfortunately, this alone was not sufficient to abolish the provisional suspension before the deadline for 31.10 expires. This time, the CAS considers it appropriate to complete the investigation.
This means, however, that the athletes with the 31.10.2017 at the beginning of the next winter season and the Olympic Games are free to take part in the competitions, unless the investigations are still unfamiliar, completely new facts today. This is not to be expected.
Defense has tried in the past to cooperate with the Oswald Commission and has addressed different questions about the subject of further investigations to the IOC, which are still unanswered. As far as we can see from the media refund, the IOC attaches central importance to the question of whether “Marks and scratches” Can be proved on the B-sample bottles. However, the CAS is already out of this today, without this being a sufficient reason for a verdict.
Dr. Rodchenkov’s statements continue to be of great importance for the further procedure. Regrettably, it seems extremely difficult to judge the credibility of his statements without the possibility of asking questions to him. As long as the non-literal reproduction of his statements in the report is the only possibility of his judgement – in addition to the very good documentation “Ikarus” by Bryan Fogel, which regrettably aired on Netflix only after the hearing at 15.05. – it is almost Impossible to distinguish which parts of his narratives are based on his own experiences and which, possibly false, conclusions from third-party information. It is not a question of discrediting him as a person – which is far from the defense – but to enlightening inconsistencies that continue to exist.
It is noteworthy how carefully and extensively the Panel has appreciated the input from both parties as well as the legal and factual bases of the cases. For this reason, the defense admits that, although different opinions remain, these are not decisive at the present time. An appeal to the Swiss Federal Court is therefore not intended.
Rather, the defence will discuss the justification and importance for the further procedure in good time before the expiry of the deadline at 31.10.2017 with the FIS representative and attempt to develop a common position.
The defense is further convinced that both athletes, Alexander Legkov and Evgeniy Belov, are going back to the start.