On 17 December 2020, a panel of arbitrators of the Court of Arbitration for Sport in Lausanne rendered an award in the matter CAS 2020/O/6689, World Anti-Doping Agency (WADA) against the Russian Anti-Doping Agency (RUSADA).
Following its detailed review of the reasoned award, RUSADA strongly disagrees with its findings regarding the alleged data manipulations, which – in RUSADA's view – are based on a flawed and one-sided assessment of the facts. We regret that CAS did not take into account the detailed submissions and evidence submitted by RUSADA and the intervening parties over the course the arbitral proceedings.
We further regret that RUSADA has been deemed non-compliant with the World Anti-Doping Code, although it did not commit any wrongdoing, as expressly acknowledged by WADA. RUSADA considers that this decision not only contravenes basic principles of fairness, but is also unwarranted in light of the significant progress made by RUSADA during the reinstatement process, and which has been, again, expressly acknowledged by WADA. For these reasons, RUSADA considers the sanctions imposed by CAS to be wholly unsubstantiated and unjustified.
At the same time, RUSADA welcomes and supports the responsible and reasonable approach taken by the arbitrators with regard to Russian athletes. In refusing WADA's request to collectively sanction innocent athletes, the arbitrators have acted in the spirit of fair play and justice by rendering a decision that reflects and upholds the fundamental values and interests of the entire international sports community.
RUSADA welcomes and supports the panel's refusal to endorse the measures of collective punishment against Russian sport requested by WADA in this case, which fundamentally contradict the spirit and the letter of the Olympic Charter and could have set a dangerous precedent threatening the very foundations of the Olympic movement. Innocent athletes should never be held responsible for the actions of the few individuals who commit anti-doping rule violations, and who should be investigated individually and punished accordingly.
Based on these considerations, and putting the interests of Russian athletes and Russian sport first, as well as taking into account the need for legal certainty, RUSADA has made the decision not to challenge the CAS award before the Swiss Supreme Court. RUSADA considers that this chapter has now been closed and is committed to working with WADA with a view to fully restoring RUSADA's membership status. RUSADA trusts that this process will be constructive and based on a transparent and realistic road map in line with RUSADA's obligations under the World Anti-Doping Code. RUSADA will continue to defend the rights of clean Russian athletes and to oppose any form of discrimination against Russian sport.
RUSADA Comments on the CAS Award in WADA v. RUSADA (CAS 2020/O/6689)
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