Chinese state-run media outlet Xinhua is reporting that a Swiss Tribunal has overturned an eight-year ban on distance swimmer Sun Yang. WADA, a party in the case, suggests the case will return to the Court of Arbitration for Sport (CAS) with a new chairperson.
Background
In February, Sun was banned for eight years over an out-of-competition doping test in which Sun challenged the credentials of doping control officers. The test ended with a vial of Sun’s blood smashed before doping control agents could take it away for testing.
The international swimming federation, FINA originally sought a ban against Sun, but an independent doping panel cleared him. The World Anti-Doping Agency (WADA) appealed that decision to CAS, culminating in a live-streamed November 2019 hearing that was marred by frequent translation issues. CAS ultimately handed down an eight-year ban for Sun.
But he appealed that decision to the Swiss Federal Tribunal. In April, he filed an appeal asking the Swiss Federal Tribunal to completely set aside the ban. In June, he filed a second appeal asking the Tribunal to revise the ban.
Reports: Sun’s Revision Upheld, Ban Set Aside, Matter Returns to CAS
State-run Chinese media outlet Xinhua published a very brief report today, announcing that the Swiss Federal Tribunal had “overturned” the CAS decision.
The Swiss Federal Tribunal decision is not publicly available yet. But WADA, the party opposing Sun in the case, published a press release acknowledging that the Swiss Federal Tribunal had upheld a “revision application” filed by Sun and had “set aside” his eight-year ban. You can see that WADA release here.
WADA says the Swiss Federal Tribunal decision “upholds a challenge against the Chair of the CAS Panel and makes no comment on the substance of this case.” WADA’s release suggests that the Swiss Federal Tribunal decision will send the case back to CAS for a second hearing with a different chairperson heading the CAS panel.
“In the CAS award, WADA clearly prevailed on the substance of the case as it was able to show that there were a number of aspects of the original FINA decision that were incorrect under the World Anti-Doping Code and the related International Standard for Testing and Investigations,” WADA says in its release. “WADA will take steps to present its case robustly again when the matter returns to the CAS Panel, which will be chaired by a different president.”
It appears Sun Yang‘s saga will continue, potentially with a second CAS hearing.
and 2020 keeps on 2020ing…
Exactly . I stated that the panel was aggressive towards Sun including one being especially vexatious .
I also figured this would be the outcome & am on record here stating such . Ppl have to see beyond emotion .
Called it.
Has Sun Yang been doing any training/swim practicing? You got to be in good shape to swim the 200 meter free, 400 meter free, and 800 meter free.
Sun hasn’t swum a decent 800/1500 since 2015. Think he’ll just stick to the 200 and 400, should he swim in Tokyo.
Sun lost all of his endurance. He beats guys in 200s and 400s purely from his superior technique.
Obviously he still has some endurance, just not the kind for a 1500.
Sun Yang was tested at a frequency much much higher than any other swimmer. So at least the testers sent to test him should observe the rules and possess the legitimate qualification for administering the blood and urine tests. Sun Yang at least should have the right to demand that. The ruling from CAS was disgraceful and it’s not a surprise that a court of law has paid no respect to such a ruling, especially in light of the president’s racist attitude against Chinese.
What president?
If he was tested at a higher frequency, it was with good reason!
I’m sure you can provide a source for your claim that he was tested at a higher frequency than any other swimmer.
I think Denis said he was tested X times in Y weeks . The number sounded a lot like persecution when I read it .
I remember the CAS hearing revealed the number of tests he had in total.
That doesn’t mean much unless you have the totals for other top medalists as well.
I have the information checked: 180 tests between 2012 and 2018. Averagely more than 2 tests per month. I don’t know about other athletes, but his seems a lot.
He didn’t deserve 8 years. He may have done a load of things we don’t know about but I haven’t seen enough evidence for an 8 year ban.
I mean – I feel like anywhere from 4 years to 50 would have the same end effect. Essentially, CAS was just telling him to retire
But it goes against precedent. A second offence is 4 years max. E.g. Gatlin.
You’re definitely right that it goes against precedent. However, I’m of the opinion that the precedent is wrong and needs to change. Second offenses need to be punished with WAY more than 4 years.
First offence is 4 years since 2015 and second offence is double.
How many athletes have received 4-year ban since 2015?
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Like if he competes in Tokyo, dislike if he doesn’t.
Hope he gets BOOs just like Efimova did, if he does.
Not a chance with a Japanese crowd. Far too respectful.
Lmao “crowd” one can dream.