Swiss Tribunal Dismisses Sun Yang’s Appeal Against June 2021 CAS Decision

In a recent decision, the Swiss Federal Supreme Court has dismissed Chinese Star swimmer Sun Yang‘s most recent appeal against the Court of Arbitration for Sport’s June 2021 decision, which banned Yang from competition for 4 years and 3 months. The recent ruling by the Swiss court means that Yang’s ban, which is active through May 28th, 2024, remains intact.

Yang’s complaints in his appeal against the CAS decision was two-fold. He argued that 1) CAS’ decision violated fundamental and widely recognized principles of public order, and 2) CAS had violated his right to be heard in the retrial of his case. Yang also argued that The World Anti-Doping Agency didn’t file their initial appeal to CAS in a timely manner back in 2019, but the Swiss court did not hear arguments on those grounds, stating that Yang’s objections in those regards would be “unfounded in any case.”

The Swiss court found both complaints by Yang to be “inadmissible,” according to the press release the Swiss Federal Supreme Court put out on the ruling. The court explained that they found no merit in Yang’s claim that the CAS decision violated fundamental and widely recognized principles of public order. They also ruled that CAS didn’t violate Yang’s right to be heard during their second ruling on the matter.

So, what does this mean? Essentially, this decision means that the Swiss Federal Supreme Court has rejected Sun Yang‘s appeal, and thusly, the reduced ban of 4 years and 3 months placed on Yang as a result of the second CAS decision stands.

Notably, the CAS decision means Yang’s ban is set to expire in May of 2024, which means he will be eligible for the Paris 2024 Olympics, should he choose to pursue competing in them.

You can read the full press release from the Swiss Tribunal here.

If anyone is having trouble remembering how we got here, here is a brief timeline of the events leading up to this most recent ruling:

 

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SwimReason
6 months ago

“You loser…I’m winner”.

Oh, well.

Last edited 6 months ago by SwimReason
Over Him
6 months ago

Sun Yang Yawn

Horninco
6 months ago

comment image&ct=g

I Bench
6 months ago

I knew he was a great man when he said “You don’t have to respect me, but you have to RESPECT CHINA.”
This man is the greatest freestyler of all time and the GOAT of swimming. Then he made them play Chinese national anthem a second time.

SUN YANG I TRUST

Last edited 6 months ago by I Bench
Anonymoose
Reply to  I Bench
6 months ago

They should send him to negotiate with Putin right

Taa
6 months ago

The sun is about to set on his career

MIKE IN DALLAS
6 months ago

Once again, the swimming world sees that ‘doping’ is never punished to the level where it really hurts, if you have government-sponsored help and intervention. Paris 2024? What a farce!

HJones
6 months ago

After most of the facts on this case came out, I was somewhat on Sun’s side, and felt like it was entirely plausible that he destroyed the vial not because he knew he would’ve failed the test, but genuinely because the anti-doping officials were mishandling the sample collection and could not provide adequate credentials. I realize that it is very possible that both these are true, but if I am an elite athlete I absolutely would not my DNA–especially my blood–samples in the hands of people whose intentions and identities I can’t verify. I know he had a failed test in 2014, but frankly, if he really had a documented medical need for trimetazidine (which I believe they were able… Read more »

Sub13
Reply to  HJones
6 months ago

I just don’t buy it. If the testers didn’t have credentials, why give the blood at all? Wouldn’t you make sure that the people taking blood from you have proper credentials first?

But he gave the blood, and only then he tried to get it back once his doctor became involved (at least from my understanding). The only reasonable explanation is that he was told to get it back. It doesn’t make sense to start to question someone’s credentials after they’ve already done their job.

Sun Yangs Hammer
6 months ago

Cope