CAS overturns Olympic eligibility rule
Source: Agencies |
October 7, 2011, Friday
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THE Court of Arbitration for Sport cleared the way yesterday for several dozen former doping offenders to compete at next year's Olympics after dismissing the validity of an International Olympic Committee eligibility rule.
The controversial Rule 45, introduced in 2008, banned athletes, including Olympic 400 meters champion LaShawn Merritt, from participating at the next Olympic Games if they have been suspended for six months or longer, but the regulation was rejected by CAS.
The three-man CAS panel said the rule was "invalid and unenforceable" because it amounted to a second sanction and did not comply with the World Anti-Doping Agency code.
The Lausanne, Switzerland-based court's ruling means that American Merritt, the highest profile name affected by the decision, can now defend his title in London.
Merritt received a 21-month suspension after testing positive in 2009 and 2010 for a banned substance he said was found in an over-the-counter male enhancement product.
His ban ended in July and he competed at the world athletics championships in South Korea in August, winning the silver medal behind Grenada's Kirani James and gold in the 4x400-meter relay.
Merritt's lawyer said the Olympic champion was thrilled with the decision. "He was really, really happy to have this question mark lifted," Howard Jacobs said from Los Angeles. "I think he is really energized to prepare for next year now."
The IOC, which had put the rule in place to act as a further deterrent for potential doping offenders, said it was disappointed and would seek tougher sentences in the future through the new WADA code.
It had argued the rule was not a further sanction but an eligibility rule in which the IOC decided who was taking part in its event.
"The IOC fully respects the Court of Arbitration for Sport and will of course abide by its judgement. The IOC has a zero tolerance against doping and has shown and continues to show its determination to catch cheats," the IOC said in a statement. "We are therefore naturally disappointed since the measure was originally adopted to support the values that underpin the Olympic Movement and to protect the huge majority of athletes who compete fairly. "
The verdict also allows dozens more athletes banned from Winter Games under the same rule to make a return at the Sochi 2014 winter Olympics if their doping suspensions have ended by then.
The International Association of Athletics Federations estimated some 50 track and field athletes could be affected by the verdict.
"This is difficult to answer precisely because it requires a judgment to be made about who is likely to qualify for London on return from a doping ban. A reasonable estimate at this point would put the number at around 50," IAAF spokesman Nick Davies said.
Germany's most decorated winter Olympian, speedskater Claudia Pechstein, who was banned for two years in 2009 and wants to compete in next year's London Games in cycling and to race in the 2014 Games, said she was pleased by the decision.
"I am totally happy. There could not have been a different verdict. Justice has prevailed and now the path is clear for my tenth Olympic medal," she told reporters.
The verdict against the IOC also opens the door for athletes in Britain to challenge a British Olympic Association rule that bans drug offenders for life from the games.
Among those affected by the British ban are sprinter Dwain Chambers, a former European 100-meter champion who served a two-year ban in the BALCO scandal, and cyclist David Millar, who also was suspended for two years for use of EPO.
Millar called the CAS ruling a "good thing for future of international sport". "Only a matter of time till all countries respect WADA Code," he tweeted.
The controversial Rule 45, introduced in 2008, banned athletes, including Olympic 400 meters champion LaShawn Merritt, from participating at the next Olympic Games if they have been suspended for six months or longer, but the regulation was rejected by CAS.
The three-man CAS panel said the rule was "invalid and unenforceable" because it amounted to a second sanction and did not comply with the World Anti-Doping Agency code.
The Lausanne, Switzerland-based court's ruling means that American Merritt, the highest profile name affected by the decision, can now defend his title in London.
Merritt received a 21-month suspension after testing positive in 2009 and 2010 for a banned substance he said was found in an over-the-counter male enhancement product.
His ban ended in July and he competed at the world athletics championships in South Korea in August, winning the silver medal behind Grenada's Kirani James and gold in the 4x400-meter relay.
Merritt's lawyer said the Olympic champion was thrilled with the decision. "He was really, really happy to have this question mark lifted," Howard Jacobs said from Los Angeles. "I think he is really energized to prepare for next year now."
The IOC, which had put the rule in place to act as a further deterrent for potential doping offenders, said it was disappointed and would seek tougher sentences in the future through the new WADA code.
It had argued the rule was not a further sanction but an eligibility rule in which the IOC decided who was taking part in its event.
"The IOC fully respects the Court of Arbitration for Sport and will of course abide by its judgement. The IOC has a zero tolerance against doping and has shown and continues to show its determination to catch cheats," the IOC said in a statement. "We are therefore naturally disappointed since the measure was originally adopted to support the values that underpin the Olympic Movement and to protect the huge majority of athletes who compete fairly. "
The verdict also allows dozens more athletes banned from Winter Games under the same rule to make a return at the Sochi 2014 winter Olympics if their doping suspensions have ended by then.
The International Association of Athletics Federations estimated some 50 track and field athletes could be affected by the verdict.
"This is difficult to answer precisely because it requires a judgment to be made about who is likely to qualify for London on return from a doping ban. A reasonable estimate at this point would put the number at around 50," IAAF spokesman Nick Davies said.
Germany's most decorated winter Olympian, speedskater Claudia Pechstein, who was banned for two years in 2009 and wants to compete in next year's London Games in cycling and to race in the 2014 Games, said she was pleased by the decision.
"I am totally happy. There could not have been a different verdict. Justice has prevailed and now the path is clear for my tenth Olympic medal," she told reporters.
The verdict against the IOC also opens the door for athletes in Britain to challenge a British Olympic Association rule that bans drug offenders for life from the games.
Among those affected by the British ban are sprinter Dwain Chambers, a former European 100-meter champion who served a two-year ban in the BALCO scandal, and cyclist David Millar, who also was suspended for two years for use of EPO.
Millar called the CAS ruling a "good thing for future of international sport". "Only a matter of time till all countries respect WADA Code," he tweeted.
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