On February 14, the Ad Hoc Division of the Court of Arbitration of Sports (CAS) decided not to impose any provisional ban on Russian figure skater Kamila Valieva from participating in the ongoing Beijing Olympics. She was accused of being in violation of the World Anti-Doping Code (WADC) for taking the banned substance, trimetazidine.
The banned substance was found in the mandatory blood sample provided by her, which led to the Russian Anti-Doping Agency (RUSADA) endowing her a provisional suspension on Feb 8. The ban was overturned a day later. The overturning of the ban was challenged by the International Olympic Committee (IOC), the World Anti-Doping Agency (WADA) and the International Skating Union (ISU) at the CAS.
What is WADA?
Established in 1999, WADA is a global, independent anti-doping agency responsible for facilitating education, scientific research, development of anti-doping capacities, and ensuring compliance with the World Anti-Doping Code (WADC).
Doping refers to the use of performance enhancing substances by athletes. They include cannabinoids, narcotics, stimulants, hormone and metabolic modulators, among a host of other substances.
It is an agency created and funded half by the Olympic Movement and half by governments from across the world. Europe is its biggest contributor at 47.5%, followed by the Americas, Asia, Oceania and Africa.
What is WADC?
WADC is the fundamental and universal document dictating the terms of administration and jurisprudence pertaining to all anti-doping activities. The executive authority for implementation of the code lies with the WADA.
It is the global and supreme authority for all matters pertaining to anti-doping activities in sports. Countries separately constitute what WADA calls the National Anti-Doping Organisation (NADOs), responsible for implementation of the code in their respective countries. India has the National Anti-Doping Agency (NADA).
The anti-doping programs along with the code aim to preserve the integrity of sports by ensuring respect for rules and other competitors, creating a level playing field, promoting fair competition and value of clean sport to the world.
How are anti-doping activities regulated?
WADC states an athlete is required to provide a sample at any time and at any place to an anti-doping organisation that commands authority to carry out anti-doping activities in the country. The athletes are also expected to mention their whereabouts to the agency. At international events, the organiser is expected to carry out the testing, for example, the International Olympics Committee (IOC) in the case of Olympics.
Indian cricketers Cheteshwar Pujara, Ravindra Jadeja and K.L. Rahul were served notices by the NADA in June 2020 for failing to reveal their whereabouts.
If tested positive for intake of any banned substance, the individual player, upon the decision of organising body, is not only liable to be disqualified but also stands to forfeit all medals, points and prizes. The punishment does not apply to other competitions that the athlete participated in unless it is established that the same drug was used to alter the performance capability in the other competition too.
As for team sports, in case two or more members of the team are found to be in violation of the anti-doping code, the entire team could forfeit points and prizes and be disqualified.
Who is a ‘Protected Person’?
A ‘Protected Person’ is an athlete below 16 or 18 years of age who is not part of any registered testing pool, has never competed in any international event in any open category, and for reasons other than age lacks the legal capacity under applicable national legislation.
WADC states that a ‘Protected Person’ or Recreational Athlete in violation of the code, is deemed ‘ineligible’ for a period of maximum two years and at minimum, a reprimand and no ‘ineligibility’.
Ineligibility implies the athlete would not be permitted to participate in any international or national sporting event whose organiser is a signatory to the WADC.
What happens next?
In a statement issued on February 14, the IOC stated in the event of Ms. Valieva finishing in the top three, there would be no medal and flower ceremony. It would organise the abandoned ceremonies once the investigation to determine the potential intake of the banned substance is completed.
CAS’ ruling stated that it was asked to only determine the applicability of the provisional suspension of the athlete. It was neither asked to rule on the merits of the case nor examine the legal consequences to the results of the team event. It added that “such issues would be examined in other proceedings”.
The arbitrator said preventing the athlete from competing at the Olympic Games would cause her “irreparable harm”. CAS also mentioned that there were “serious issues” of untimely notification of the results. The tests which were conducted in December 2021. The athlete did not test positive during the Olympics, the order elaborated.
WADA has expressed its disappointment on the CAS ruling. “...it appears that the CAS panel decided not to apply the terms of the Code, which does not allow for specific exceptions to be made in relation to mandatory provisional suspensions for protected persons, including minors,” the order stated. It added, under the terms of WADC, the entire support staff of the athlete would be investigated. This is because the accused is a minor.
According to WADA, the Russian Anti-Doping Agency (RUSADA) had already begun the investigations as its own Intelligence and Investigations Department will also look into it.
