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Xinhua: Swiss Tribunal ‘Overturns’ Sun Yang Ban, Matter Will Return to CAS

Chinese state-run media outlet Xinhua is reporting that a Swiss Tribunal has overturned an eight-year ban on distance swimmer Sun YangWADA, a party in the case, suggests the case will return to the Court of Arbitration for Sport (CAS) with a new chairperson.

Background

In February, Sun was banned for eight years over an out-of-competition doping test in which Sun challenged the credentials of doping control officers. The test ended with a vial of Sun’s blood smashed before doping control agents could take it away for testing.

The international swimming federation, FINA originally sought a ban against Sun, but an independent doping panel cleared him. The World Anti-Doping Agency (WADA) appealed that decision to CAS, culminating in a live-streamed November 2019 hearing that was marred by frequent translation issues. CAS ultimately handed down an eight-year ban for Sun.

But he appealed that decision to the Swiss Federal Tribunal. In April, he filed an appeal asking the Swiss Federal Tribunal to completely set aside the ban. In June, he filed a second appeal asking the Tribunal to revise the ban.

Reports: Sun’s Revision Upheld, Ban Set Aside, Matter Returns to CAS

State-run Chinese media outlet Xinhua published a very brief report today, announcing that the Swiss Federal Tribunal had “overturned” the CAS decision.

The Swiss Federal Tribunal decision is not publicly available yet. But WADA, the party opposing Sun in the case, published a  press release acknowledging that the Swiss Federal Tribunal had upheld a “revision application” filed by Sun and had “set aside” his eight-year ban. You can see that WADA release here.

WADA says the Swiss Federal Tribunal decision “upholds a challenge against the Chair of the CAS Panel and makes no comment on the substance of this case.” WADA’s release suggests that the Swiss Federal Tribunal decision will send the case back to CAS for a second hearing with a different chairperson heading the CAS panel.

“In the CAS award, WADA clearly prevailed on the substance of the case as it was able to show that there were a number of aspects of the original FINA decision that were incorrect under the World Anti-Doping Code and the related International Standard for Testing and Investigations,” WADA says in its release. “WADA will take steps to present its case robustly again when the matter returns to the CAS Panel, which will be chaired by a different president.”

It appears Sun Yang‘s saga will continue, potentially with a second CAS hearing.

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mills
3 years ago

and 2020 keeps on 2020ing…

Corn Pop
3 years ago

Exactly . I stated that the panel was aggressive towards Sun including one being especially vexatious .

I also figured this would be the outcome & am on record here stating such . Ppl have to see beyond emotion .

ElvisVB
3 years ago

Called it.

Captain Ahab
3 years ago

Has Sun Yang been doing any training/swim practicing? You got to be in good shape to swim the 200 meter free, 400 meter free, and 800 meter free.

Joe
Reply to  Captain Ahab
3 years ago

Sun hasn’t swum a decent 800/1500 since 2015. Think he’ll just stick to the 200 and 400, should he swim in Tokyo.

Sqimgod
Reply to  Captain Ahab
3 years ago

Sun lost all of his endurance. He beats guys in 200s and 400s purely from his superior technique.

Mr Piano
Reply to  Sqimgod
3 years ago

Obviously he still has some endurance, just not the kind for a 1500.

Respectfully
3 years ago

Sun Yang was tested at a frequency much much higher than any other swimmer. So at least the testers sent to test him should observe the rules and possess the legitimate qualification for administering the blood and urine tests. Sun Yang at least should have the right to demand that. The ruling from CAS was disgraceful and it’s not a surprise that a court of law has paid no respect to such a ruling, especially in light of the president’s racist attitude against Chinese.

Lokiz
Reply to  Respectfully
3 years ago

What president?

Swimmer
Reply to  Respectfully
3 years ago

If he was tested at a higher frequency, it was with good reason!

Troyy
Reply to  Respectfully
3 years ago

I’m sure you can provide a source for your claim that he was tested at a higher frequency than any other swimmer.

Last edited 3 years ago by Troyy
Corn Pop
Reply to  Troyy
3 years ago

I think Denis said he was tested X times in Y weeks . The number sounded a lot like persecution when I read it .

whever
Reply to  Troyy
3 years ago

I remember the CAS hearing revealed the number of tests he had in total.

Troyy
Reply to  whever
3 years ago

That doesn’t mean much unless you have the totals for other top medalists as well.

whever
Reply to  Troyy
3 years ago

I have the information checked: 180 tests between 2012 and 2018. Averagely more than 2 tests per month. I don’t know about other athletes, but his seems a lot.

The unoriginal Tim
3 years ago

He didn’t deserve 8 years. He may have done a load of things we don’t know about but I haven’t seen enough evidence for an 8 year ban.

AnonSwimmer
Reply to  The unoriginal Tim
3 years ago

I mean – I feel like anywhere from 4 years to 50 would have the same end effect. Essentially, CAS was just telling him to retire

The unoriginal Tim
Reply to  The unoriginal Tim
3 years ago

But it goes against precedent. A second offence is 4 years max. E.g. Gatlin.

N P
Reply to  The unoriginal Tim
3 years ago

You’re definitely right that it goes against precedent. However, I’m of the opinion that the precedent is wrong and needs to change. Second offenses need to be punished with WAY more than 4 years.

Troyy
Reply to  The unoriginal Tim
3 years ago

First offence is 4 years since 2015 and second offence is double.

whever
Reply to  Troyy
3 years ago

How many athletes have received 4-year ban since 2015?

leisurely1:29
3 years ago

//:0

Last edited 3 years ago by leisurely1:29
leisurely1:29
3 years ago

Like if he competes in Tokyo, dislike if he doesn’t.

Hswimmer
Reply to  leisurely1:29
3 years ago

Hope he gets BOOs just like Efimova did, if he does.

Swimmer
Reply to  Hswimmer
3 years ago

Not a chance with a Japanese crowd. Far too respectful.

Prettykitten
Reply to  Swimmer
3 years ago

Lmao “crowd” one can dream.

About Jared Anderson

Jared Anderson

Jared Anderson swam for nearly twenty years. Then, Jared Anderson stopped swimming and started writing about swimming. He's not sick of swimming yet. Swimming might be sick of him, though. Jared was a YMCA and high school swimmer in northern Minnesota, and spent his college years swimming breaststroke and occasionally pretending …

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