“Lack of Anti-Doping Expertise” by Judge CAS at the Tokyo Olympics

The Geneva-Court of Arbitration for Sport has been criticized for choosing a judge to work at the Tokyo Olympics, who does not have sufficient expertise to handle doping cases.

A few days before CAS opened the Special Olympics court at the Beijing Winter Olympics, it was featured in a wide range of reports published by the World Anti-Doping Agency, which widely praised its activities at last year’s Tokyo Olympics.

Some CAS judges in Tokyo were “insufficient in anti-doping knowledge” regarding the rules and previous cases, an independent observer appointed by WADA said Friday.

“Several questions asked by panel members at at least one hearing highlighted this,” said the observer team.

The 44-page report believed that which members of Tokyo’s CAS anti-doping department (President, Co-President, and six arbitrators) lacked expertise in the few cases they dealt with. I didn’t specify.

Of the six arbitrators at the Tokyo Olympics, only one of the four selected by CAS for the anti-doping case in Beijing is back. The court released the list in a statement this week.

This means that at the upcoming Olympics, the CAS Anti-Doping Division will “consist of members who are familiar with the World Anti-Doping Code and Anti-Doping Regulations, or members will have access to anti-doping training.” Seems to follow the advice of WADA observers. Or pre-convention educational materials. “

A new member of the Beijing CAS team is Australian lawyer John Vaultby, a former general secretary of Rowing’s governing body, and is currently chairing the organization’s anti-doping court.

Tokyo’s “insufficient knowledge” is “specifically, their understanding of some provisions of the Code, international standards of results management, and CAS jurisprudence on strict liability, burden of proof, and liability for that liability.” Was told. The team appointed by WADA said.

Observers did not suggest that the Tokyo players were unjustly judged, but opposed not being notified of the two hearings that would impose a temporary suspension.

“What is important [observer] Participate in hearings to ensure that the procedural rights of the parties are maintained, “said the committee appointed by WADA.

The Lausanne-based court in Switzerland did not immediately respond to requests for comment on the findings of the report.

Prior to the Tokyo Olympics on July 23, CAS stated that “all anti-doping judges selected to participate in these special CAS structures specialize in sports law, anti-doping regulation, and arbitration. I am an experienced lawyer, judge, or professor. “

Graham Dunbar

Associated Press