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The IOC decision on the participation of Russian athletes at the Rio 2016 Olympics has created confusion

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FEDERATIONS FACE CHAOS & UNCERTAINTY REGARDING RIO 2016

JUL 27, 2016 | ANDY BROWN | 

The International Olympic Committee’s (IOC) decision on the participation of Russian athletes at the Rio 2016 Olympics has created confusion amongst international federations (IFs) over the eligibility of Russian athletes, and appears to have created a bonanza for lawyers. This article is intended to set out the position of each international federation assessing whether Russia can send athletes to Rio, as well as discuss the potential legal issues they now face.

A total of 313 Russian athletes remained selected to take part in the Rio 2016 Olympics, following bans implemented by the International Association of Athletics Federations (IAAF) and International Weightlifting Federation (IWF). In the decisions outlined below, a further 34 athletes have been excluded due to the IOC’s decision, which required IFs to conduct analysis on all Russian entrants for the Rio 2016 Olympics. That number will expand as more IFs confirm their position ahead of the opening of the Games on 5 August.

IFs were required to analyse each athlete’s anti-doping record, only taking into account reliable international tests. They are not permitted to accept the entry of any athlete implicated in the WADA IP Report prepared by Richard McLaren, or accept the entry of any Russian athlete that has been sanctioned for doping at any point in the past.

IF confusion

There are emerging signs of confusion about how the IOC’s decision should be applied by IFs. Team sports face a difficult task. Under the strict liability principles applicable under the World Anti-Doping Code, if more than two members of a team are found to have committed an anti-doping rule violation (ADRV), the entire team is sanctioned (Article 11.2). If two Russian team members fail to meet the IOC’s requirements regarding eligibility for Rio, is the entire team required to be excluded?

The International Canoe Federation (ICF) said that Russia had selected five-times world champion Alexey Korovashkov over Viktor Melantyev, who had secured the C2M 1000m Canoe Double quota along with Ilya Pervukhin, neither of whom ‘were connected to the McLaren Report or have any previous violations of ICF Anti-doping regulations’. The ICF did not give a reason for the ban, however it is assumed that Korovashkov was judged to have been ‘tainted’ by Russian systemic doping.

The ICF said that Russia’s quota for the C2M 1,000m event had been removed ‘and as things stand, the quota will be removed and not reallocated’. The ICF said that Korovashkov’s partner, Pervukhin, was not connected to the WADA IP Report and that he had not committed any previous violation of ICF anti-doping rules. Yet he has been banned from the Rio Olympics despite doing nothing wrong. Similar issues have arisen in rowing, where four boats containing 22 Russians appear to have been withdrawn, despite only 20 Russians being excluded.

A pragmatic approach appears to have been adopted by World Sailing, which excluded Pavel Sozykin due to the findings of the McLaren Investigation Report. World Sailing has allowed the Russian Olympic Committee (ROC) to nominate a replacement. However, presumably the replacement will also have to be assessed.

The International Fencing Federation (FIE) said that it was reanalysing all tests conducted on Russian athletes, both in and outside of Russia. The International Handball Federation (IHF) said that it had informed the Russian handball federation that it wants to conduct out-of-competition tests on the Russian team, which has qualified for Rio. Both of these statements appear to have missed the point of the IOC statement and the WADA IP Report, which appears to be that Russian athletes ‘tainted’ by the systemic doping system set up via the Moscow laboratory by the Russian Ministry of Sport should not be admitted to Rio.

Legal issues

Swimmer Yuliya Efimova finds herself in an unusual situation. Having recently overturned an international swimming federation (FINA) ban after testing positive for meldonium, she thought she was going to Rio. However the IOC decision – which does not allow any Russian who has previously served a ban to compete at the Rio Olympics – means she cannot compete. Efimova was disqualified in 2014 for 16 months following a positive test for steroid hormone DHEA, which she claimed was due to taking a contaminated supplement.

It is understood that she is planning to file an appeal to the CAS on Friday. As previously reported by The Sports Integrity Initiative, the IOC decision banning athletes who have served a doping ban from competing in Rio appears to go against legal precedent. “The IOC’s decision to permit some Russian athletes to compete in the Olympics but not those who have previously tested positive seems based on politics and not what the law demands,” Paul Greene of Global Sports Advocates told World Sports Law Report. “The IOC’s decision on its face violates the 2011 USOC v. IOC CAS decision since it is an impermissible second sanction for the group being excluded from the Games on the basis of their prior doping violation.”

Mike Morgan of Morgan Sports Law LLP agrees. “One of the major problems with the IOC’s decision is the Russians who were named in McLaren’s report as being protected have been withdrawn from the Olympics without having their cases tested in court”, he told The Guardian. “It circumvents the athletes due-process rights. Simply being named as a protected athlete does not mean they have taken a banned substance. Let’s say the IOC and their individual federations kick them out and in a few months we discover these athletes are not found to have committed an anti-doping violation? We are going to end up with athletes who should have gone to the Games. The harm done to them will be irreparable and the only way to make up for it would be a claim for substantial damages.”

It does appear odd that the IOC would go against legal precedent established in cases it was directly involved in. In a 2011 ruling, the CAS struck out the IOC’s Osaka Rule (Rule 45 of the Olympic Charter), which mandated that any athlete serving a doping ban of six months or longer would be prohibited from taking part in the next edition of the Olympic Games. ‘The IOC Regulation provides for an additional disciplinary sanction […] after the ineligibility sanction for an anti-doping rule violation under the WADA Code has been served’, it said.

It appears that the IOC has issued a decision which will be very difficult to defend in court. But then, perhaps that is the plan. Either way, the CAS appears to have anticipated an extra case load and has opened two temporary offices to deal with doping issues at Rio 2016. Listed below is the current status of the IFs regarding participation of Russian athletes at Rio 2016. This list is intended to be a ‘living’ document, and will be updated as IFs confirm the status of Russian athletes.

Archery

World Archery has approved the selection of all three Russian athletes (Tuiana Dashidorzhieva, Ksenia Perova and Inna Stepanova) for the Rio 2016 Olympics.

Athletics

The International Association of Athletics Federations (IAAF) has suspended the Russian Athletics Federation (RusAF), which means that its 68 athletes are ineligible to compete in the Rio 2016 Olympics. The CAS rejected an request for arbitration from the 68 athletes and the Russian Olympic Committee (ROC), and an appeal against the decision from 67 of the athletes. The IOC recently ruled that Yuliya Stepanova (the 68th athlete), whom the IAAF had cleared to compete, is not eligible to compete. The Stepanovs dispute the IOC’s decision.

Badminton

The Russian badminton federation (NBFR) issued a statement saying that it had received a letter from the Badminton World Federation (BWF) clearing its four players and two reserves to participate in Rio. They are Vladimir Malkov (men’s singles), Natalia Perminov (women’s singles), Vladimir Ivanov and Ivan Sozonov (men’s doubles category). The first reserves are Vitalij Durkin and Nina Vislova (mixed doubles).

Boxing

No decision as yet. Understood to be analysing the anti-doping records of the 11 Russian boxers selected for Rio.

Canoe/Kayak

The International Canoeing Federation (ICF) has removed five of 19 Russian athletes selected for Rio 2016. These are:

• Elena Aniushina (Kayak Double K2W 500m);

• Natalia Podolskaia (Kayak Single K1W 200m);

• Alexander Dyachenko (Kayak Double K2M 200m);

• Andrey Kraitor (Canoe Single C1M 200m);

• Alexey Korovashkov (Canoe Double C2M 1000m).

The first four of these spots will be reallocated as follows:

• Austria – Kayak Double (K2W) 500m Women;

• Germany – Kayak Single (K1W) 200m Women;

• Sweden – Kayak Double (K2M) 200m Men;

• Iran – Canoe Single (C1M) 200m Men.

The final fifth spot will not be reallocated due to the reasons outlined in the introduction above.

Cycling

The International Cycling Union (UCI has yet to take a decision on the 18 Russian athletes selected for Rio 2016.

Equestrian events

No official statement from the Fédération Equestre Internationale (FEI), but entry lists haven’t been changed. Five Russians scheduled to compete.

Fencing

The International Fencing Federation (FIE) has cleared 16 Russian fencers and four reserve athletes selected to compete at Rio 2016. The FIE said it had ‘re-examined’ 197 tests taken by Russian fencers in 35 countries, including Russia. ‘They were all negative’, read a statement.

Golf

No decision on the one golfer, Maria Verchenova, scheduled to compete at Rio 2016. A 22 July post on her Facebook page suggests that she will be competing at Rio 2016, however that was posted before the IOC’s decision on Russia’s eligibility for Rio 2016.

Gymnastics

Shortly after the IOC’s decision, the International Gymnastics Federation (FIG) said it would rule ‘as soon as possible’ on the 21 gymnasts selected to take the floor at Rio 2016. It has yet to expand on that statement.

Handball

The International Handball Federation (IHF) immediately announced that it had sent a letter to the Russian handball federation ‘in order to conduct out-of-competition tests of the Russian women’s team’, which has qualified for Rio 2016. ‘The samples will be analysed by one of the WADA accredited laboratories which will integrate the results directly into ADAMS [Anti-Doping Administration & Management System]’. There has been no update from either the IHF or the Russian handball federation.

Judo

The International Judo Federation (IJF) has cleared all eleven judoka scheduled to compete at Rio 2016. Russian President, Vladimir Putin, is an Honorary President of the IJF.

Modern Pentathlon

The Union Internationale de Pentathlon Moderne (UPIM) has established that samples taken from Maksim Kustov and Ilia Frolov (reserve) were part of the ‘Disappearing Positive Methodology’ outlined in the WADA IP Report. ‘According to the McLaren Report, both athletes tested positive for trenbolone, methenolone and oxandrolone when the samples were analysed in a Moscow laboratory in August 2014 but the findings were not reported as such’, reads a UPIM statement.

The place left vacant in the Men’s Individual event has been reallocated to Latvian athlete, Ruslan Nakonechnyi. The other three athletes entered on the Russia team – Aleksandr Lesun, Donata Rimshaite and Gulnaz Gubaydullina – are eligible to compete.

Rowing

World Rowing (FISA) said that six Russian rowers have met the conditions required to compete at Rio 2016, but 20 others are not eligible. It decided this through two decisions. The first decision disqualified three rowers. Anastasiia Karabelshchikova and Ivan Podshivalov were disqualified for prior doping offences in 2007/8. FISA received information on 22 July that 11 tests on ten rowers had been manipulated by Russia, one of which was Ivan Balandin from the Russian Men’s eight.

The second decision found that while six rowers are eligible for Rio, 17 rowers and two coxswains are not. The six eligible Russians are:

• Aleksandr Chaukin

• Georgy Efremenko

• Artem Kosoc

• Nikita Morgachev

• Vladislav Ryabcev

• Anton Zarutskiy

As a result of the disqualifications, four Russian boats (LM4-, LW2x, M8+ and W8+) have been withdrawn from Rio. Russia has an opportunity to form a men’s four (M4-) from the six eligible rowers. The four withdrawn boats have been reallocated to the next-placing crews as follows:

• LM4- to Greece, the Hellenic Rowing Federation;

• M8+ to the Italian Rowing Federation;

• W8+ to the Australian Rowing Federation;

And in the 2016 European Continental Qualification Regatta in Lucerne, Switzerland:

• LW2x to the Italian Rowing Federation.

Sailing

World Sailing decided that six sailors are eligible to take part at Rio 2016, but one Sozykin is not. ‘Pavel Sozykin was denied eligibility, based upon the findings of the McLaren Investigation Report’, read a statement. ‘As Sozykin competes in the 470 Men’s Class, which is a two-person racing classification, World Sailing has recommended that the Russian Olympic Committee will have the opportunity to nominate a late athlete replacement’.

The six athletes that have been cleared to compete are:

• Stefania Elfutina (RS:X Women);

• Maksim Oberemko (RS:X Men);

• Liudmila Dmitrieva (470 Women);

• Alisa Kirilyuk (470 Women);

• Sergey Komissarov (Laser Men);

• Denis Gribanov (470 Men).

Shooting

The International Shooting Sport Federation has cleared all 18 Russians selected for Rio 2016. ‘The 18 Russian shooters who have been entered by the ROC to participate in the Rio 2016 Olympic Games are neither mentioned in the McLaren Report nor have they tested positive further to a doping control according to the information we possess’, read a statement. ‘Further, all Russian athletes are being carefully monitored as part of ISSF’s intelligence based testing program’.

Swimming

The Fédération Internationale de Natation (FINA) instantly declared that seven swimmers are ineligible for Rio 2016. Four athletes that have previously been sanctioned for doping have been withdrawn by the ROC, while three further athletes appear in the McLaren IP Report.

Athletes withdrawn by the ROC:

• Mikhail Dovgalyuk;

• Yulia Efimova;

• Natalia Lovtcova;

• Anastasia Krapivina (Marathon Swimming).

Athletes appearing in the WADA IP Report:

• Nikita Lobintsev;

• Vladimir Morozov;

• Daria Ustinova.

However, an ad-hoc commission created by FINA is investigating the other 29 Russian swimmers that have qualified for Rio 2016. Eight divers, nine synchronised swimmers and 13 water-polo players will also have to be assessed.

Table tennis

The International Table Tennis Federation (ITTF) has yet to release an official decision, however its media guide, published on 26 July, listed Alexander Shibaev, Polina Mikhailova and Maria Dolgikh as participating. These represent the only three Russians that qualified for Rio 2016.

Taekwondo

The International Taekwon-Do Federation (ITF) has yet to announce a decision. Three Russians are scheduled to compete at Rio 2016.

Tennis

The International Tennis Federation (ITF) announced on 24 July that all eight Russians qualifying for Rio 2016 would be eligible to compete. ‘The eight Russian tennis players who have been nominated to compete in Rio have been subject to a rigorous anti-doping testing programme outside Russia’, read a statement.

Triathlon

The International Triathlon Union (ITU) has yet to take a decision on the six athletes that have qualified for Rio 2016.

Volleyball

The Fédération Internationale de Volleyball (FIVB) has yet to take a decision on the men’s and women’s Russian teams, both of which have qualified for Rio 2016 in both the indoor and beach events. A total of 30 Russian volleyball players must be assessed.

Weightlifting

The International Weightlifting Federation (IWF) banned Russia from sending any weightlifters to Rio in June. Under a unique rule introduced after the 1988 Seoul Olympics due to the number of positives that were being reported in the sport, it can ban member federations from international competition for up to two years in the event that three or more ADRVs occur during a year. This provision is contained in Article 12.3.1 of its Anti-Doping Policy. It has banned Bulgaria and Kazakhstan under the same rule.

Wrestling

United World Wrestling (UWW) has assembled a special commission to assess the 17 Russian wrestlers who have qualified for Rio 2016. ‘The Special Commission is scheduled to publish its decision regarding the acceptability of Russian wrestlers for the Rio Games before the end of the day Thursday, 28th of July’, read a statement. ‘Per the guidelines set by the International Olympic Committee the names and cases of those approved are then handed over to a representative from the Court of Arbitration for Sport (CAS) who will make the final decision on the eligibility of commission-approved Russian athletes’.

http://www.sportsintegrityinitiative.com/federations-face-chaos-uncertainty-regarding-rio-2016/

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