In a previously implied-and-anticipated move, FINA has officially decided to appeal the doping suspensions (or lack thereof) to the international Court of Arbitration for Sport, which is the highest authority in all doping cases.
The only even moderately relevant revelation in the press release is that the appeal does not in any way affect the athletes’ ability to compete, lest the CAS deems that they should be out of competition while the appeal is being heard (which is unlikely). FINA has also said that it would push to expedite matters, upon agreeance of all parties, presumably to complete the appeals process prior to the World Championships.
The full press release is below
Lausanne (SUI), July 6, 2011 – FINA has decided to appeal before the Court of Arbitration for Sport (CAS) the decisions of the Doping Panel of the Brazilian Aquatic Sports Confederation in the matters of positive doping tests to the substance Furosemide for the swimmers Cesar Cielo Filho, Henrique Barbosa, Nicholas Santos and Vinicius Waked.
The appeals will be based on the elements in file at this stage. In any event, it will be up to the CAS Panel to issue a decision in accordance with the FINA Doping Control Rules.
The athletes are presently not suspended and the appeal will, in principle, have no effect of suspending their right to participate to events pending a decision. The CAS Panel is the only authority which could make a decision on provisional suspension.
FINA will use its best efforts to obtain a decision within the shortest possible time. FINA will in particular propose to apply expedited proceedings, it being observed that this depends on the agreements of the parties.
I agree with Dias.
It was clearly incompetence or inaction by CBDA that caused all this circus.
They could have investigated quickly and handed down the 2 months suspension quickly for negligence, and so FINA didn’t have to appeal to CAS. They must be really dumb if they think people are not outraged when 4 positive results coming out of Brazil after several other in the past year.
Now there is no way CAS ignoring FINA appeal especially in the past when even if some athletes were proven to be not guilty later, they had already been given ban.
Unafortunately, CAS will punish all of them in the grounds of negligence.
Even with a minimal of substance, pH not changed and all, i bet all of them will catch six months ban.
CBDA made a CIRCUS.If CBDA blasted a 2 month ban, i doubt FINA will have changed.Now, they are f… and Waked will probably catch another ban because of doping recurrence.
John26,
blood tests are still on analisys process.
If CAS doesn’t come to a conclusion by Shanghai, wouldn’t Cielo still be able to swim in Shanghai, albeit “on protest”. In which case we’ll still be able to see what he’s really made of. On the other hand if good new is received asap it would also help because all this emotional stress cant be very good for his taper/mental preparation. If the conclusion doesn’t come out for another week or so, even if it is that he will swim in Shanghai, I wouldn’t be surprised that it has costed him a/a few medal placings.
ps. what were the results of the testing from the french open?
Good for FINA, doing something right once in a while.
The process must be super-expedited though, to give the swimmers (well, actually only Cielo, since the others have been cut off from the team) certainty before Shanghai.
Yes, that’s the good news, that everyone recognizes the need to figure this out before Shanghai, one way or the other.
I’ve been mulling over in my head whether or not expediting things benefits Cielo or benefits those who want a suspension…I think it has to benefit Cielo, because the CAS will have to rely more on the evidence that was given to them by the CAS. At that point, it becomes the CAS trying to draw a different conclusion from the same evidence rather than FINA investigating further to see if there’s more/different evidence that could change the story. I think CAS is more likely to grant the appeal based on the latter rather than the former.