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As CAS Gives Efimova* Thumbs Up & Thumbs Down, Russian Hope Rests On Sun* & Park*
- Updated: August 4, 2016
Back to FINA: the appeal of Yuliya Efimova*, the Russian swimmer with a doping suspension against her name, has been part won, part lost.
On the one hand the International Olympic Committee’s rule to keep her out of action at the Rio 2016 Olympic Games on the basis of a spent suspension was “unenforceable”.
On the other hand, CAS refused to be responsible for the ultimate decision: the court rejected her appeal to force FINA and the IOC to accept her entry to the Games.
The IOC may be the most significant part of the equation: the three-man panel will deliver its verdict on all such final cases tomorrow. The last resort is the Olympic Charter, which effectively allows the IOC to be the ultimate judge of who it invites to the Games or not.
The decision of CAS on Efimova came hot on the heels of others similar to that of Efimova’s.
The contradictions were stark: just over 10 minutes after news broke of the decision of the Court of Arbitration to declared an IOC rule barring Russian athletes with a prior doping sanction from competing in the Olympics as “unenforceable”, the IOC issued a final count of Russian for Rio 2016 that did not include those given hope by the CAS ruling.
And to make things more confusing, CAS also rejected the appeal of two Russian rowers to force the international rowing federation and the IOC to accept their entry in the Rio 2016 Games.
CAS said it should be up to the rowing federation, FISA, “to determine their eligibility or not, without delay.”
Recap: first CAS said the rule to cut Russians with a doping offence on their score “does not respect the athletes’ right of natural justice.”
Then the IOC’s review panel announced that 271 Russian athletes are eligible to compete at the Rio Games. Of the 389 Russians selected, 271 will race. That number, issued by Russia much earlier in the day, before CAS had issued its judgement, does not include Efimova, yet the breaststroke swimmer is among four swimmers and other athletes form other sports who has a ‘spent’ doping suspension to her name.
At this stage it looks as though the final decision on Efimova is going to go back to FINA with contradicting …
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