CAS declines to impose a provisional suspension for Kamila Valieva
SYWTW FS
Valieva will be allowed to participate in the Women’s Individual Event at the Olympics. The investigation into the positive doping test will continue.
The Court of Arbitration for Sport’s reasons for the decision include:
On the basis of the very limited facts of this case, and after consideration of the relevant legal issues, it has determined that no provisional suspension should be imposed on the Athlete due to the following exceptional circumstances:
a) The Athlete is a “Protected Person” under the World Anti-Doping Code (WADC);
b) The RUSADA Anti-Doping Rules and the WADC are silent with respect to provisional suspension imposed on protected persons, while these rules have specific provisions for different standards of evidence and for lower sanctions in the case of protected persons;
c) The Panel considered fundamental principles of fairness, proportionality, irreparable harm, and the relative balance of interests as between the Applicants and the Athlete, who did not test positive during the Olympic Games in Beijing and is still subject to a disciplinary procedure on the merits following the positive anti-doping test undertaken in December 2021; in particular, the Panel considered that preventing the Athlete from competing at the Olympic Games would cause her irreparable harm in these circumstances;
d) The CAS Panel also emphasized that there were serious issues of untimely notification of the results of the Athlete’s anti-doping test that was performed in December 2021 which impinged upon the Athlete’s ability to establish certain legal requirements for her benefit, while such late notification was not her fault, in the middle of the Olympic Winter Games Beijing 2022.