The Court for Arbitration of Sport today acknowledged FINA’s appeal of the Brazilian suspensions, and agreed to an expedited time table in order to complete the procedings prior to the beginning of swimming at the FINA World Championships on July 24th.
They have extended an invitation to the representatives of the athletes to meet FINA’s request for urgency in the decision so as not to leave Cielo, the only swimmer still entered in the World Championships, competing in a state of limbo.
Interestingly, FINA has requested that all four cases are heard by the same panel of arbitrators. This is unique, given that Cielo is the only swimmer remaining with a pressing deadline for competition, though the others may still be eyeing other year-ending competitions, and especially given that all four cases are not the same – for Vinicius Waked, this is a second positive test.
The full release from the CAS is below.
The Court of Arbitration for Sport (CAS) has registered the following appeals:
– FINA v. Cesar Augusto Cielo Filho & CBDA
– FINA v. Nicholas Araujo Dias dos Santos & CBDA
– FINA v. Henrique Ribeiro Marques Barbosa & CBDA
– FINA v. Vinicus Rocha Barbosa Waked & CBDA.
In its appeals, FINA requests that the warnings issued by the CBDA be replaced by a period of ineligibility and that the results achieved by the athletes from the date of sample collection (7/8 May 2011 depending on athlete concerned) until the commencement of the period of ineligibility be annulled. The Respondents received formal notification of the appeals earlier today. In all four cases, FINA requests that the appeals be consolidated and heard by the same panel of arbitrators on an urgent basis prior to the commencement of the FINA World Championships in Shanghai on 24 July 2011 (although it notes that Mr Cielo is the only athlete still entered for the World Championships). This method of proceeding is only possible with the consent of the respondent parties who have been invited to submit their position. Should the parties agree to proceed in an expedited manner, a procedural timetable will be established by the CAS in consultation with the parties in order to ensure that a decision can be issued prior to 24 July 2011. In the meantime, the CAS will not make any further statement concerning this case.