Swiss Court Confirms Racist Tweets the Cause of Sun Yang Ban Overturning

While it has been previously reported that Sun Yang’s eight-year ban was overturned by a Swiss Tribunal, the Swiss Federal Court has now issued a press release confirming that racist comments made towards China by the chairman of the three-member panel responsible for the original ban are the source of the overturning.

A multiple-time Olympic champion, Sun Yang was originally given an eight-year ban by the Court of Arbitration for Sport (CAS) last February. The ruling was made following an out-of-competition doping control test at which Sun destroyed samples, arguing that those who were testing him were improperly certified.

Following the ruling, lawyers representing Sun appealed to the Swiss Federal Supreme Court, presenting proof that panel chairman Franco Frattini had previously made racial remarks in regards to China on social media.

The Swiss Federal Supreme Courts decision states:

In the case at hand, the arbitrator had taken up the cause of animal protection in the contested tweets. In principle, an arbitrator can also defend his convictions on social networks, but with the restraint required of judges. The choice of words and the repeated use of violent expressions is problematic in the specific case. In his tweets, the arbitrator castigates a Chinese practice of dog slaughter and denounces the consumption of this meat at a local festival in China. Some expressions refer to the skin color of certain Chinese people he targets. In addition, the arbitrator also made the said remarks in tweets after his appointment as president of the panel of arbitrators deciding in the Sun Yang case. In view of all the relevant circumstances, the Federal Supreme Court, therefore, considered that the doubts as to the impartiality of the arbitrator were objectively justified.

Per Xinhua, a state-run Chinese media outlet, the racist comments made by panel chairman Franco Frattini included:

“This yellow face Chinese monster smiling while torturing a small dog, deserves the worst of the hell!!!”

“Hell forever for those b*****d sadic (sic) Chinese.”

With Sun’s “revision application” appeal upheld, his eighth-year ban will now be set aside pending a second trial. The World Anti-Doping Agency (WADA) stated at the time of the decision that the decision was not influenced by the substance of the case and that they intend to present the same case in front of the new CAS panel.

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Eisenheim
1 year ago

As I’ve said all this time.. SUN WILL PREVAIL

Questionable
1 year ago

The power of money and buying power

Not happy
1 year ago

Crap.

swimfin5
1 year ago

Sun is for sure training at the moment. Something he is banned for by WADA… who controls that? Nobody does, swimming a paradise for cheaters

Corn Pop
Reply to  swimfin5
1 year ago

WADA cannot stop a person from swimming .

Comments are Closed
Reply to  Corn Pop
1 year ago

No but he is limited to the doggy paddle.

Well
1 year ago

PC Culture strikes again. Sun is truly an example of “how not to” in sports. So much going to waste for what..being a little faster…lame. Too proud to dope.

torchbearer
Reply to  Well
1 year ago

What does this have to with PC culture? Such a lazy term of abuse.

Guerra
1 year ago

Ricidulous! Sun Yang and coronavirus are the gifts from hell that just keep on giving..,

HuntleyJones
1 year ago

So, is there any clarity as to whether or not in the interim Sun is eligible to compete?

Admin
Reply to  HuntleyJones
1 year ago

No specific clarity. But, it still appears as though this reverts his status back to pre-CAS, which would be eligible.

Dee
1 year ago

Our sport gets the international spotlight on it for a few days every four years, and we can’t allow this aggressive cheat to cast his shadow over it. For the Olympic Games, for sport and for honest sportspeople, justice needs to prevail.

Last edited 1 year ago by Dee