USA TODAY International Edition
IOC explores legal options for full Russian ban
Group awaits arbitration court ruling
The International Olympic Committee has not banned Russia from the Rio Olympics as many have called for, but it left that option on the table after a meeting of its executive board Tuesday.
After a teleconference, which was called in response to a damning report released Monday revealing widespread doping in Russian sport, the IOC said it “will explore the legal options with regard to a collective ban of all Russian athletes for the Olympic Games 2016 versus the right to individual justice.”
In doing so, the IOC said in its release that it would consider a forthcoming decision from the Court of Arbitration for Sport, as well as the World Anti- Doping Code and the Olympic charter.
In Geneva on Tuesday, CAS heard arguments in a challenge from the Russian Olympic Committee and 68 athletes of a ban of the country’s track and field athletes by the International Association of Athletics Federations.
The IAAF decided last month to extend a ban in place since November that kept Russian athletes out of international competition. The federation changed its rules then to allow some athletes exceptional eligibility if they could show they had been subject to effective anti- doping systems outside of the country and had not been tainted by the Russian system.
CAS is expected to issue its decision in the expedited proceedings by Thursday. The Rio Olympics open Aug. 5.
“We’re in unchartered territory. Clearly the IOC and WADA and IAAF are all making things up as they go along, and part of that is the fault of the Russians, obviously, but it’s their own fault for waiting so long after the revelations first came out to actually do something,” said Roger Pielke Jr., a University of Colorado professor whose book, The Edge: The War Against Cheating and Corruption in the Cutthroat World of Elite Sports, is due out in September. “The positive spin is they’re making the best out of a bad situation, and I think the IOC is probably smart to wait for the CAS decision, because that will close some doors and maybe open some others.
“They talk about this collective ban, which we may learn from CAS that a collective ban is not in the cards. Or if CAS upholds the IAAF suspensions, maybe IOC feels like it then has a green light to implement a collective ban.” ‘ UNPRECEDENTED ATTACK’ The IOC announced several other actions and provisional measures, perhaps most notably the retesting and investigation of all Russian athletes who competed in the Sochi Olympics.
A report from Canadian lawyer Richard McLaren commissioned by WADA confirmed allegations that Grigory Rodchenkov made to The New York Times in May. The former Moscow lab director said he helped Russian athletes dope during the Games and, with the aid of the country’s Federal Security Service ( FSB), he swapped out dirty urine samples for clean ones to avoid athletes testing positive.
The IOC set up a disciplinary commission to “initiate reanalysis, including forensic analysis, and a full inquiry” into Russian athletes, coaches, officials and support staff.
“The findings of the report show a shocking and unprecedented attack on the integrity of sports and on the Olympic Games,” IOC President Thomas Bach said in a statement Monday. “Therefore, the IOC will not hesitate to take the toughest sanctions available against any individual or organization implicated.”
Among the IOC’s other actions were:
uInitiating disciplinary actions for officials in the Ministry of Sport and others named in McLaren’s report for violations of the Olympic charter and WADA code.
uNot organizing or patronizing events or meetings in Russia, including the 2019 European Games.
uDenying accreditation for Rio to anyone in the sports ministry or implicated in the report.
uAsking international federations to work with McLaren on inquiries into Russian federations as well as sanctions in the case of violation of the WADA code.
uAsking WADA to allow McLaren to name the Russian athletes implicated in the cover- up of their positive tests to their international federations and the IOC to allow them to respond.
The IOC also reiterated its position taken last month that the presumption of innocence regarding doping be reversed for Russian athletes. International federations would have to decide eligibility of each Russian athlete after a review of his or her anti- doping record.
To some, the IOC’s decisions appeared closer to inaction when a strong call for a ban has been echoed by national anti- doping agencies, athletes and WADA.
“I think that what happens this week in a very big way will be the legacy for IOC President Thomas Bach,” said Max Cobb, president and CEO of US Biathlon. “I think that he came into office proclaiming zero tolerance for doping and to protect the rights of the clean athletes, and I take him at his word that he values those things.
“It’s troubling that he continues to delay, due to legal concerns, a clear and unambiguous statement of responsibility for doping in Russia, to say clearly for the whole world to hear that institutional- ized, government- sponsored doping is unacceptable and will be met with the suspension by the IOC.” CALLS FOR FULL BAN The questions about Russia’s antidoping efforts come after McLaren’s report and one previously commissioned by WADA showed that, rather than policing doping, anti- doping and sports officials were part of a system that doped Russian athletes and covered it up.
McLaren’s report revealed a system, which it termed “The Disappearing Positive Methodology,” that involved the Ministry of Sport, Center of Sports Preparation of the National Teams of Russia ( CSP), the FSB and labs in Moscow and Sochi working to cover up tests of doped Russian athletes from 2011 until August 2015.
That time period included the London and Sochi Olympics as well as world championships for track and field and swimming that Russia hosted.
The report revealed top Russian officials were involved in the process, with deputy sports minister Yury Nagornykh serving as the decider for which tests would be covered up and which would be processed normally. Sports minister Vitaly Mutko was involved in covering up at least one positive test, the report said.
After McLaren’s report was released, several athletes who serve on an advisory committee spoke in support of WADA’s recommendation that the IOC ban Russia from competing in Rio.
“I call upon IOC to follow up on that recommendation and enact it and not to seek to exploit technicalities to not enact those sanctions that have been recommended but actually step up and act and do what’s right,” said Adam Pengilly, who is on the WADA and IOC athlete committees.