Report: Sun Yang Formally Appeals 8-Year Ban to Swiss Federal Tribunal

Chinese star Sun Yang has formally appealed his eight-year suspension from the sport to the Swiss Federal Tribunal, The Australian reported Monday. Sun filed his appeal on April 29, reportedly a day before the deadline.

His original decision was handed down on February 28, and under normal circumstances, appeals are due within 30 days. But as we reported in March, the high court was in limbo amid the COVID-19 pandemic.

Following the stunning announcement of his eight-year ban at the hands of the Switzerland-based Court of Arbitration for Sport, the three-time Olympic champion and his lawyers vowed to appeal the decision. The 11-hour CAS hearing was notably marred by major translation issues.

“This is unfair. I firmly believe in my innocence,” Sun told Xinhua News at the time. “I will definitely appeal to let more people know the truth.”

According to the CAS website, an appeal is “allowed on a very limited number of grounds, such as lack of jurisdiction, violation of elementary procedural rules (e.g. violation of the right to a fair hearing) or incompatibility with public policy.” Sun’s appeal, then, would not be to claim his innocence based on the facts of the case. Rather, it would be to argue that there was an issue with the hearing procedure and whether it was lawfully conducted.

With the Olympics pushed back a year, some have been quick to speculate that Sun’s window to return for the next Games could be open. It’s highly unlikely that his ban could get reduced from eight years to just one, however, particularly because he was found to be a second-time offender.

Appealing to the Swiss Federal Tribunal might not be Sun’s only option. New WADA rules are set to take effect on Jan. 1, 2021, and could create a loophole for Sun to appeal to FINA for a reduced ban.

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BronzedAussie
2 years ago

Why not give it a shot. They might halve the suspension and he’ll be back for Paris 2024. My feeling is Tokyo 2021 won’t be on anyway.

Corn Pop
Reply to  BronzedAussie
2 years ago

Abe pretty much said it won’t be on .

The unoriginal Tim
Reply to  BronzedAussie
2 years ago

Agreed. He’s done no worse than many others. He didn’t even test positive. He just freaked out cause some guy without accreditation tried to take a picture of his junk.

If the glove doesn’t fit
2 years ago

Do you think he’s fighting so hard because he’s innocent…? Sorry devils advocate on this one.

Admin
Reply to  If the glove doesn’t fit
2 years ago

“Because fighting for his right to ever competing again makes him look more guilty” is not a good argument. In fact, it’s a really, really bad argument.

Torchbearer
Reply to  If the glove doesn’t fit
2 years ago

Lance Armstrong fought really hard too, even threatening and destroying those around him…mmm

Swimdad01
Reply to  If the glove doesn’t fit
2 years ago

He is fighting because if he doesn’t, he will be strip off all the benefits and accommodations that is given to elite athletes in China by the CCP government. He knows he will end up wondering in the streets of Wuhan…ooops! maybe too harsh? just couldn’t help it 😉

SIRHC
2 years ago

*Yun Sang has entered the chat*

Verram
2 years ago

how much you want to bet he will end up winning gold at the next Olympics…

Ol' Longhorn
2 years ago

They should make him write “You win, I lose” 500 times on the chalkboard.

GA Boy
2 years ago

The first trial was painful to watch and not very well run. He was not given a fair chance with a weak translator and a live stream being the focus. that being said, he is guilty and is bringing further embarrassment to him, his country, and our sport the longer he drags this process out.

Troyy
Reply to  GA Boy
2 years ago

The weak translator was Sun Yang’s team’s fault.

remel can do anything
Reply to  Troyy
2 years ago

maybe it’s his strategy

Corn Pop
Reply to  Troyy
2 years ago

It is not unusual for your legal team to stuff up. He would not be the first person in the dock to be frustrated & want a new one . Think of the many times the accused does not even know what the translator is saying to be able to judge how bad they are. Seems the panel was offended that h e went out a tf interval & got a clearly better one .

Swimmer2455
2 years ago

I can’t believe he’s still trying lmao. It’s just joke now. Retire sun.

YaYeeter
2 years ago

Sorry bruv but Danas Rapsys is gonna win anyways 😉

About Torrey Hart

Torrey Hart

Torrey is from Oakland, CA, and majored in media studies and American studies at Claremont McKenna College, where she swam distance freestyle for the Claremont-Mudd-Scripps team. Outside of SwimSwam, she has bylines at Sports Illustrated, Yahoo Sports, SB Nation, and The Student Life newspaper.

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