Kamila Valieva case: CAS clears 15-year-old Russian to compete at Olympics, to avoid ‘irreparable harm’
/dnl.eurosport.com/sd/img/placeholder/eurosport_logo_1x1.png){kind=logo}
ByEurosport
Updated 14/02/2022 at 12:17 GMT
Kamila Valieva has been cleared to compete at the Winter Olympics, the Court of Arbitration for Sport has ruled. The Russian, 15, became embroiled in a major controversy after testing positive for trimetazidine, a banned heart agent typically used to treat angina. She was initially provisionally suspended but that suspension was lifted by the RUSADA Disciplinary Anti-Doping Committee.
Tearful Valieva pulls to side after fall during figure skating training
The Court of Arbitration for Sport has cleared Kamila Valieva to compete at the Beijing 2022 Winter Olympic Games, stating that its panel "determined that permitting the provisional suspension to remain lifted was appropriate".
Valieva is free to take part in the women's individual figure skating event on Tuesday, although any medal she potentially wins could be overturned.
The CAS ruling specifically related to whether the 15-year-old Russian superstar can compete at the Games. Any decision on whether she is in breach of doping regulations will be taken at a later date.
"On the basis of the very limited facts of this case, and after consideration of the relevant legal issues, it has determined that no provisional suspension should be imposed on the athlete," read a statement.
The statement concluded by noting that CAS had been asked to determine the "narrow issue” of whether the provisional suspension should have been imposed, confirming that it had not ruled on the merits of the case.
"The CAS Ad hoc Division was requested to determine the narrow issue as to whether a provisional suspension should be imposed on the athlete," concluded the statement.
"It was not requested to rule on the merits of this case, nor to examine the legal consequences relating to the results of the team event in figure skating, as such issues will be examined in other proceedings."
/origin-imgresizer.eurosport.com/2022/02/14/3316711-67814493-2560-1440.jpg)
'Allowing her to skate creates an enormous precedent' - Marchei on Valieva competing
FOUR EXCEPTIONAL CIRCUMSTANCES
The CAS statement then added that the decision was taken due to the following exceptional circumstances:
- a) The Athlete is a “Protected Person” under the World Anti-Doping Code (WADC);
- b) The RUSADA Anti-Doping Rules and the WADC are silent with respect to provisional suspension imposed on protected persons, while these rules have specific provisions for different standards of evidence and for lower sanctions in the case of protected persons;
- c) The Panel considered fundamental principles of fairness, proportionality, irreparable harm, and the relative balance of interests as between the Applicants and the Athlete, who did not test positive during the Olympic Games in Beijing and is still subject to a disciplinary procedure on the merits following the positive anti-doping test undertaken in December 2021; in particular, the Panel considered that preventing the Athlete from competing at the Olympic Games would cause her irreparable harm in these circumstances;
- d) The CAS Panel also emphasized that there were serious issues of untimely notification of the results of the Athlete’s anti-doping test that was performed in December 2021 which impinged upon the Athlete’s ability to establish certain legal requirements for her benefit, while such late notification was not her fault, in the middle of the Olympic Winter Games Beijing 2022.
---
The Russian, 15, became embroiled in a major controversy after testing positive for trimetazidine, a banned heart agent typically used to treat angina.
/origin-imgresizer.eurosport.com/2022/02/07/3307338-67627028-2560-1440.jpg)
‘Perfect!’ – 15-year-old Valieva makes history for second day in a row at Olympics
The sample in question was given at the Russian National Championships in December, although the positive result was was only announced by a WADA-accredited laboratory in Stockholm last week - after Valieva had helped ROC to gold in the team event in Beijing.
She was initially provisionally suspended by Russia’s anti-doping agency (RUSADA). However that suspension was swiftly lifted after an appeal to the RUSADA Disciplinary Anti-Doping Committee.
Intriguingly, the World Anti-Doping Agency (WADA) later released a statement that said RUSADA had not flagged that it was a "priority sample" - as it should have with the Games on the horizon.
"According to information received by WADA, the sample in this case was not flagged by RUSADA as being a priority sample when it was received by the anti-doping laboratory in Stockholm, Sweden. This meant the laboratory did not know to fast-track the analysis of the sample," they said.
The International Olympic Committee (IOC), WADA and International Skating Union (ISU) had all contested RUSADA’s decision to lift the provisional suspension on Valieva, and took their case to CAS.
The hearing was attended by Valieva, IOC, WADA, ISU, RUSADA and the ROC.
--
Watch every moment of Olympic Winter Games Beijing 2022 on discovery+
Scan me
Related Topics
Share this article
Advertisement
Advertisement