News
 Travel
 Hotels
 Tickets
 Living
 Immigration
 Forum

Threatening witnesses, impugning translators, ignoring rules, CAS ruling to disclose details of Sun Yang's protest

[International News]     11 Mar 2020
During the hearings, Sun Yang stated that these acts were carried out on the advice of his entourage. According to the arbitral tribunal ," an athlete should be held accountable for his or her actions and not be held accountable to others. "Surprisingly, during the testimony, the athlete (referring to Sun Yang) never expressed any regret about his behaviour. "

During the hearings, Sun said the actions were made on the advice of his entourage. According to the arbitral tribunal ," an athlete should be held accountable for his or her actions and not be held accountable to others. "Surprisingly, during the testimony, the athlete (referring to Sun Yang) never expressed any regret about his behaviour. "


First published in Southern People`s Weekly


Wen | Edited by Xu Mei journalist Chen Yafeng


It takes about 7 minutes to read the full text about 2819

Threatening witnesses, impugning translators, ignoring rules, CAS ruling to disclose details of Sun Yang's protest

Sun Yang (right) arrives at hearings scene on November 15,2019


On March 4, Beijing time, the official website of the International Sports Arbitration court (CAS) published the full text PDF document of the Sun Yang arbitration award in the column of the recent arbitration decision (Recent decisions). The 78-page document, consisting of ten parts, covered the parties, factual background, procedures of the arbitration court, translation and interpretation, submissions and requests for relief, jurisdiction of the CAS, admissibility of appeals, determination of applicable law and main issues, conclusions, and the bearing of arbitration costs.

Beijing time on the afternoon of February 28, the International Sports Arbitration court has issued a press release to ban Sun Yang for eight years. After the full text of the award is made public, more details and key elements are disclosed.

As Sun Yang and his team refused inspectors to take blood samples, the doping inspector (DCO) warned about the consequences they would have. Under the pressure of Sun Yang, the DCO and blood examination assistant (BCA) took out the bottle from the storage box and handed it over to Sun Yang. A glass bottle containing a blood test tube was smashed with a hammer by a security guard, and Sun Yang turned on his flashlight to help. The test tube containing blood samples was intact and taken away by Sun Yang. During DCO presence, the athletes tore up their previously signed doping checklist.

(c) The tribunal agreed that Sun Yang had violated section 2.5 of the FIA Doping Control Ordinance (obstructing doping inspections at any stage) and that the athlete did not present a fully justified reason to destroy the specimen and cancel the doping examination when he considered the inspection procedure to be inconsistent with the requirements of the International Standards for Inspection and Investigation (ISTI). According to the arbitral tribunal, the person responsible for the doping examination (against Sun Yang) fully met the qualifications required by the International Standards for Inspection and Investigation (ISTI). (Athletes may) After providing blood samples, challenge the qualification of the examiner and keep the intact samples by the inspector. However, after repeated interventions and warnings, the athletes did such an act of destroying the sample, making it impossible for the laboratory to analyze the sample thereafter.

Sun Yang`s eight-year suspension of the penalty shall be calculated from the date of the award of the International Sports Arbitration Tribunal. Under the heavy penalty, CAS also carefully assessed Sun Yang`s doping test results before and after the anti-test (not positive), and considered that his post-test competition qualifications and achievements should not be deprive. In addition, since FINA did not suspend Sun Yang`s eligibility for the competition in this case, the arbitral tribunal retained Sun Yang`s two gold medals obtained at the Korean Guangzhou World Championships.

Pursuant to CAS《 Rules of Arbitration relating to Sports (hereinafter referred to as "the Rules of Arbitration for Sports "), the arbitral tribunal ruled that the athletes (Sun Yang) and the International Swimming Federation WADA paid 15,000 Swiss francs respectively for the law and related expenses incurred in the case.

Threatening witnesses, impugning translators, ignoring rules, CAS ruling to disclose details of Sun Yang's protest

On January 19,2020, Sun Yang received the award after the competition. During the men`s 400m freestyle final of the 2020 International Swimming Federation (FINA) Championships (Beijing Station), Sun won the championship with 3 minutes and 44 seconds.


01. Intimidation 

n Sun Yang`s defense material, he pointed out that three staff members of the International Doping Inspection Management Company (IDTM) who went to his home for drug testing on September 4,2018—— Doping Prosecutor (DCO), Urine Test Assistant (DCA), Blood Test Assistant (BCA), all did not meet the drug testing qualification. CAS assessed and explained the identity of the three persons and concluded that their qualifications were not disputed.

The ruling stated that sun yangfang was suspected of repeatedly intimidating witnesses before and after the hearings and therefore received repeated reminders from CAS office.

WADA pointed out that sun yang`s mother publicly posted online online about the stimulant prosecutor (DCO) and the blood sample collection assistant (BCA), and that someone on behalf of sun yang contacted the supervision department of the blood sample collection assistant (BCA) working hospital to ask for a meeting with the blood sample collection assistant (blood sample collection assistant). This was also confirmed in a recent media interview with lawer Sun Yang, who considered the "outcome of treatment" of blood sample collection assistants (BCA) to be "the most favourable evidence" for himself and "regretted" that the outcome had not yet been achieved through various efforts.

According to the ruling, the two inspection assistants testified that Sun Yang and his team members had violated the "prohibition of further direct or indirect contact with sample collectors who were important witnesses in the case" contacted them through a variety of channels and expressed "concern" about their health and economic as well as that of their families. As a result, the two inspection assistants felt very "scared ", worried that Sun Yang and his team, supporters in varying degrees of retaliation.

According to Sun Yang`s testimony, his mother, Yang Ming, had contacted two inspection assistants, but only to "collect relevant information about the case and seek their help" and had never attempted to intimidate or threat them.

According to the World Anti-Doping Agency (WADA), the behavior of Sun Yang and his team explains why blood screening assistants are reluctant to testify in court. A further two days before the beginning of the hearings, the urine test assistant, who had been concerned about refusing to attend the hearing, suddenly expressed his willingness to testify in court. The tribunal decided to proceed with the written testimony and translation he had previously submitted, considering that the change of attitude occurred after Sun Yang`s contact with the witness.

WADA have on several occasions requested the International Sports Arbitration court (CAS) to order the prohibition of any threat blood or urine test assistant and the disclosure of their information, and to arrange reasonable protection measures for them to prevent similar events in the future.

But after the CAS announced the penalty decision, the Sun Yang team published several documents on social media, including the identity of several inspectors, documents and other information. Furthermore, its lawer frequently referred to the names of several inspectors in interviews.

Threatening witnesses, impugning translators, ignoring rules, CAS ruling to disclose details of Sun Yang's protest

Dr. Sun made a statement hearings the drug test


02. Translation 

As to whether the adverse outcome of Sun Yang Fang`s trial was the focus of public opinion on translation, CAS clarified in the judgment report with a special section (translation and interpretation).

Prior to the commencement of the hearings, the official language of the hearings was identified as English in accordance with article R28 of the CAS《 Sports Arbitration Rules. The translation work is arranged by the parties and the related expenses are paid. Subsequently, the parties, at the request of the arbitral tribunal, by letter dated 18 October 2019, jointly agreed on the translation company used in the hearings. The award stated that the team of athletes took the lead in selecting the translation company and the interpreter, and finally got the consent of WADA and FINA.

At the beginning of the hearings, the Tribunal realized that there were obvious problems in the interpretation of the athlete`s testimony by members of the translation company. Since both Sun Yang Fang and WADA had lawer or interpreters whose mother tongue was Chinese, the tribunal recommended that the parties negotiate the use of a lawer or interpreter to complete the interpretation of the remaining part of the hearings.

On the basis of the confirmation of Sun Yang Fang, FINA and WADA, and with the consent of the arbitral tribunal, the translation in the afternoon and evening of the same day was temporarily undertaken by a WADA staff member (native Chinese). As a result of the incident suddenly, she did not get Sun Yang Fang`s speech materials in advance. Her work was highly appreciated by the arbitral award, which "during the remainder of the hearings, the parties agreed without dispute on a new interpreter, and she endeavoured to interpret the remaining witnesses to the satisfaction of both the arbitral tribunal and the parties. "

To ensure that the hearings translation is correct, with the consent of the parties, the hearings`s testimony was submitted to an independent translation service for collation and translation. According to the ruling, the arbitral tribunal was gratified that Sun Yang`s testimony before the tribunal was almost identical to that he had previously given before the FIA Doping Complaints Panel, so that despite frequent errors in the translation chosen by Sun Yang during the hearings, the athlete`s testimony was correctly translated and fully considered and understood.

Threatening witnesses, impugning translators, ignoring rules, CAS ruling to disclose details of Sun Yang's protest

On January 14,2020, Sun Yang prepares for the competition. In the men`s 200m freestyle final of the 2020 International Swimming Federation Championships (Shenzhen Station), Sun won the runner-up`s photo/ Xinhua News Agency, Liang Xu, with 1 minute 46 second 53


03. Rules 

For Sun Yang`s performance in the trial, CAS in the award to the athletes have been admonished.

During the hearings, Sun Yang stated that these acts were carried out on the advice of his entourage. According to the arbitral tribunal ," an athlete should be held accountable for his or her actions and not be held accountable to others. "

Article 356 of the arbitration report reads :" It is surprising that, in the course of the testimony, the athlete (referring to Sun Yang) never expressed any regret about his actions. "On the contrary, as the proceedings proceeded, he was opinionated and ultimately attempted to blame others for the apparent error. "

In response to the translation problem, the award mentioned a detail, Sun Yang in his last part of the speech dissatisfied with the translation around him, a wave, a strange man from the auditorium to the court, let him sit by his side. CAS The award reads ," Sun Yang invited an unidentified person to sit at his desk as an impromptu interpreter. He did not seem to consider it necessary to seek the permission of the arbitral tribunal to recommend that he respect the authority of others or the authority of the proceedings. He is a world-class athlete with impressive sports achievements, but the rules apply to him, as to all athletes, and must be observed. "

Post a comment

0
0
使用微信“扫一扫”
打开网页后点击右上角“分享按钮”
0
 您已成功为本文点赞!
感谢您的参与
Elevator
Recommend