Connect with us

Latest

Analysis

News

Russia’s Olympians win case against International Olympic Committee

Court of Arbitration for Sport lifts IOC imposed lifetime bans on Olympic participation by 28 clean Russian athletes

Alexander Mercouris

Published

on

2,016 Views

Two months ago, when the International Olympic Committee decided to suspend the Russian Olympic Committee and to ban Russian athletes from competing in the coming Winter Olympics in PyeongChang in South Korea under their own flag – allowing only a selected few Russian athletes to compete under the Olympic flag and by invitation only – I expressed in an article for RussiaFeed my own total incomprehension at this decision.

I said that the decision seemed to me to make no legal sense since it contradicted the findings of the International Olympic Committee’s own Schmid report, which concluded that there was no evidence of any government organised state sponsored doping scheme in Russia

Schmid – somewhat grudgingly but nonetheless conclusively – admits that there is in fact no evidence of a government organised state sponsored doping conspiracy in Russia

….the independent and impartial evidence do not allow the IOC DC to establish with certitude either who initiated or who headed this scheme.

On many occasions, reference was made on the involvement at the Minister of Sport’s level, but no indication, independent or impartial evidence appeared to corroborate any involvement or knowledge at a higher level of the State.

Elsewhere Schmid admits that the doping scheme in Russia did not involve all Russian athletes – a sure indication by the way that it was not government organised or state sponsored – and that it was different from the doping scheme in the former German Democratic Republic, which of course was both government organised and state sponsored.

Given that this is so, why is former Sports Minister Mutko against whom no evidence of wrongdoing exists being banned from participating in the Olympic Games for the rest of his life?

Why is the Russian Olympic Committee being suspended, when no evidence of the involvement of any of its members in the doping scheme exists?……

The anti-doping systems now put in place in Russia are now universally acknowledged to be just about the best in the world……

Given that this is so and that there is no longer any possibility of Russian athletes engaging in a massive doping conspiracy in the coming Winter Olympic Games in PyeongChang, why is action being taken to prevent them competing on the same basis as everyone else?……

In reality the decision of the International Olympic Committee to ban certain Russians from involvement in the Olympic Movement, to suspend the Russian Olympic Committee, and to allow only specially invited Russian athletes to compete in the Winter Olympics and then only under the Olympic flag, has nothing to do either with sport or doping or the principles of legality.

The sequel was that the Russians – grudgingly and perhaps wrongly – agreed to the International Olympic Committee’s terms so as to permit those Russian athletes who wanted to compete in the PyeongChang Games and could obtain invitations from the International Olympic Committee to do so.

However he situation then went from bad to worse, with the International Olympic Committee banning Russian athletes against whom no evidence of involvement in doping exists or has ever existed.

The decisions moreover were made in secret, with no real explanation of how or why they were being made.

Russian bafflement and anger at these seemingly whimsical and arbitrary decisions was made abundantly clear at a meeting on 31st January 2018 which President Putin held with those Russian athletes who had managed to secure invitations to compete in the PyeongChang Games from the International Olympic Committee.

After apologising to the athletes for the Russian government’s failure to protect them President Putin had this to say

At the same time, while admitting our own failures, mistakes, lack of attention to the things relevant and important in modern sports, we really hope that our colleagues in international sport organisations will do everything to make sure these organisations do not become departments of certain countries’ government bodies, no matter how powerful and influential these countries seem at first glance. We really hope for this kind of attitude towards this matter, towards sports, and rely on their courage.

We realise that modern sport is linked with sponsorship, advertising and everything else that accompanies major international competitions. But if modern international sports and the Olympic movement lose the main element of sport, which unites peoples and countries, all of it will become pointless. In this case the appeal of the founder of the modern Olympic movement, Pierre de Coubertin “O Sport, You are Peace!” will lose its meaning.

We will do everything to prevent this from happening. We will work with international organisations and support, as I said, our athletes who did not make it to the Olympics.

Some things really seem strange to us in this context. As you know, many of them were allegedly banned from the Games for the totality of circumstances not related to doping. What are we fighting against then? Doping or something else? We would like to know what it is.

(bold italics added)

The highlighted words show that the Russians believe that the International Olympic Committee is being pressured by threats to withdraw sponsorship and advertising coming from Western countries, first and foremost the United States.

Other Russian officials have made their anger clear in far less measured terms.  Nikolay Patrushev, the powerful secretary of Russia’s Security Council, has said that if the International Olympic Committee continues on its present course it risks the break-up of the Olympic Movement.  .

I suspect that the Russians privately believe that the true reason why Russian athletes with clean records were being banned was because they were seen as posing an increasingly dangerous threat to the medal hopes of US athletes.

There also seems to have been a secondary desire to humiliate Russia by knocking it off its position at the top of the Sochi Winter Games’ medal table.

The anger in Russia on this issue perhaps explains the current runaway success in Russia of the film ‘Going Vertical’, which tells the story of how the Soviet basketball team beat the US national team at the 1972 Munich Olympic Games.  Reuters has this to say about popular reaction to this film in Russia

After taking more than 2.2 billion roubles ($38.88 million) at the box office in just over three weeks, the film, financed by the state, has become the country’s most successful home grown production in rouble terms, watched by over 9 million people or approximately one in 12 registered voters.

During one packed Moscow showing this week, some audience members broke into spontaneous applause and others wiped tears from their eyes at decisive moments in the narrative.

Regardless, the first legal consequences of the International Olympic Committee’s decisions became evident today when three separate panels of the Lausanne based Court of Arbitration for Sport (CAS) unanimously decided to lift lifetime bans imposed by the International Olympic Committee on 28 Russian athletes against whom no evidence of doping violations exists, and to reduce the time limits of bans imposed on 11 others.

The Russians are hailing these decisions as a breakthrough, and perhaps they are.

However it is testament to the implacable attitudes of some people that the International Olympic Committee is saying that it may defy these CAS decisions, so that the Russians athletes whose bans CAS has lifted may still be prevented from participating in the PyeongChang Games.  In addition the International Olympic Committee is also saying that it is considering appealing the CAS decisions to the Swiss Federal Appeal Court.

That the Olympic Charter apparently says that the International Olympic Committee is bound by CAS’s decisions, and that defiance of those decisions may therefore be contrary to the Olympic Charter, apparently is neither here nor there.

Meanwhile the CAS decisions have provoked a furious reaction from the usual suspects.

An article by Martha Kelner in the Guardian harshly criticises the International Olympic Committee not for acting illegally by banning clean athletes against whom no evidence of doping violations exists, but for not going further by imposing a blanket ban on all Russian athletes, irrespective of whether they are guilty or not

First there was the news that the Russian athletes permitted to compete as neutrals would still be introduced on the start line as being from Russia. Then came the announcement that the Russian flag may appear at the closing ceremony as their national anthem booms around the stadium and into homes around the world. Last week it was revealed that, of a pool of 389 Russian athletes, 169 would be allowed to compete in South Korea.

We should have anticipated this really. By caveating its ban with the provision that Russian athletes who could “prove” they are clean would be allowed to compete in Pyeongchang, the IOC left itself with wriggle room. But the ruling of Cas has exposed a gaping hole that leaves many asking whether the lawyers should have realised the potential for this unravelling – especially as the IOC president, Thomas Bach, is a former Cas lawyer.

The IOC could have followed the blueprint of the International Paralympic Committee, which successfully banned Russian athletes from Rio 2016, or the IAAF, athletics’ world governing body, which did the same. But instead it issued lifetime bans on 45 athletes which history should have told it were unenforceable

In other words the International Olympic Committee should have imposed a collective punishment on Russian athletes by banning all of them regardless of whether they are innocent or not because they are Russians.

Needless to say that is not only completely illegal; it is also grossly discriminatory and morally wrong.

Kelner justifies her call by citing the “overwhelming evidence” of a government organised state sponsored doping conspiracy in Russia, whose existence supposedly has been “proved”.  CAS supposedly made the “wrong” decisions because it ignored the existence of this conspiracy which has been “proved”

A month before Rio 2016 a report authored by the Canadian lawyer Richard McLaren found overwhelming evidence of state-sponsored doping in Russia. So why – more than 18 months later – are we a week away from another Olympic Games wondering yet again how many Russian athletes will be competing?…

There are questions also to be asked of Cas about how it has dealt with these cases. It seems they have been treated like any other anti-doping violation appeal dropped through the Cas letterbox in Lausanne, Switzerland. That is to say each case has been treated individually, ignoring what is proven evidence of a state-run system….

This verdict has given Russia some serious arsenal in the propaganda war and it is already claiming that it proves talk of state-sponsored doping was overblown. For all the posturing, once again the clean athletes are the victims here and their turmoil goes on.

The Schmid report in fact found no evidence – much less “overwhelming evidence” – of a government organised state sponsored doping scheme in Russia, and in evidence given to Schmid Professor McLaren himself in effect admitted that he had no proof that a government organised state sponsored doping scheme had been operating in Russia.

I say this because Professor McLaren admitted to Schmid that he had no proof that Vitaly Mutko – Russia’s Sports Minister, who would have had to have been involved in any government organised state sponsored scheme – had any knowledge of the doping which was going on,

As for Kelner’s suggestion that Russian athletes should be denied the right to prove their innocence, I am quite simply at a loss to know what to say, other than that attitudes to Russians in Britain must be very bad indeed if it has now become so easy to demand that Russians be denied their right to prove their innocence simply because they are Russians.

The Russians for their part are saying that if the International Olympic Committee continues to defy the CAS decisions by preventing Russian athletes whose bans have been lifted from participating in the PyeongChang Games then they will bring legal action against the International Olympic Committee in the Swiss civil courts.

I have no doubt that they will do so, and given the CAS decisions I have no doubt they will win.

As for the appeal to the Swiss Federal Appeal Court that the International Olympic Committee is talking about, I cannot see what possible grounds there are for it, and I am sure if it is ever brought it will fail.

The next couple of days will show what the International Olympic Committee will now do.

Hopefully sense will finally prevail and talk of pointless appeals and further legal action will fade.

If so there may be grounds for hope of a belated return to sanity, and for a line to be drawn under this unhappy affair

Continue Reading
Advertisement
Comments

Latest

Media meltdown hits stupid levels as Trump and Putin hold first summit (Video)

The Duran – News in Review – Episode 58.

Alex Christoforou

Published

on

It was, and still remains a media meltdown of epic proportions as that dastardly ‘traitor’ US President Donald Trump decided to meet with that ‘thug’ Russian President Vladimir Putin.

Of course these are the simplistic and moronic epitaphs that are now universally being thrown around on everything from Morning Joe to Fox and Friends.

Mainstream media shills, and even intelligent alternative news political commentators, are all towing the same line, “thug” and “traitor”, while no one has given much thought to the policy and geo-political realities that have brought these two leaders together in Helsinki.

RT CrossTalk host Peter Lavelle and The Duran’s Alex Christoforou provide some real news analysis of the historic Trump-Putin summit in Helsinki, without the stupid ‘thug’ and ‘traitor’ monikers carelessly being thrown around by the tools that occupy much of the mainstream media. Remember to Please Subscribe to The Duran’s YouTube Channel.

And if you though that one summit between Putin and Trump was more than enough to send the media into code level red meltdown, POTUS Trump is now hinting (maybe trolling) at a second Putin summit.

Via Zerohedge

And cue another ‘meltdown’ in 3…2…1…

While arguments continue over whether the Helsinki Summit was a success (end of Cold War 2.0) or not (most treasonous president ever), President Trump is convinced “The Summit was a great success,” and hints that there will be a second summit soon, where they will address: “stopping terrorism, security for Israel, nuclear proliferation, cyber attacks, trade, Ukraine, Middle East peace, North Korea and more.”

However, we suspect what will ‘trigger’ the liberal media to melt down is his use of the Stalin-esque term “enemy of the people” to describe the Fake News Media once again…

 

Continue Reading

Latest

While US seeks to up the ante on pressure on the DPRK, Russia proposes easing sanctions

These proposals show the dichotomy between the philosophy of US and Russian foreign policy

Published

on

The United States last week accused the DPRK of violating refined petroleum caps imposed as a part of UN nuclear sanctions dating back to 2006, and is therefore submitting a proposal to cut all petroleum product sales to North Korea.

The Trump administration is keen on not only preserving pressure on North Korea over its nuclear arms development, but in increasing that pressure even as DPRK Chairman, Kim Jong-Un, is serially meeting with world leaders in a bid to secure North Korea’s security and potential nuclear disarmament, a major move that could deescalate tensions in the region, end the war with the South, and ease global apprehensions about the North’s nuclear arsenal.

Meanwhile, Russia is proposing to the UNSC sanctions relief in some form due to the North’s expressed commitment to nuclear disarmament in the light of recent developments.

Reuters reports:

MOSCOW/UNITED NATIONS (Reuters) – Russia’s envoy to North Korea said on Wednesday it would be logical to raise the question of easing sanctions on North Korea with the United Nations Security Council, as the United States pushes for a halt to refined petroleum exports to Pyongyang.

“The positive change on the Korean peninsula is now obvious,” said the ambassador, Alexander Matsegora, according to the RIA news agency, adding that Russia was ready to help modernize North Korea’s energy system if sanctions were lifted and if Pyongyang can find funding for the modernization.

The U.N. Security Council has unanimously boosted sanctions on North Korea since 2006 in a bid to choke off funding for Pyongyang’s nuclear and ballistic missile programs, banning exports including coal, iron, lead, textiles and seafood, and capping imports of crude oil and refined petroleum products.

China tried late last month to get the Security Council to issue a statement praising the June 12 Singapore meeting between U.S. President Donald Trump and North Korean leader Kim Jong Un and expressing its “willingness to adjust the measures on the DPRK in light of the DPRK’s compliance with the resolutions.”

North Korea’s official name is Democratic People’s Republic of Korea (DPRK).

But the United States blocked the statement on June 28 given “ongoing and very sensitive talks between the United States and the DPRK at this time,” diplomats said. The same day, U.S. Secretary of State Mike Pompeo spoke to his Chinese counterpart Wang Yi about the importance of sanctions enforcement.

U.S. Secretary of State Mike Pompeo is due to informally brief U.N. Security Council envoys along with South Korea and Japan on Friday.

Diplomats say they expect Pompeo to stress the need to maintain pressure on North Korea during his briefing on Friday.

In a tweet on Wednesday Trump said he elicited a promise from Russian President Vladimir Putin to help negotiate with North Korea but did not say how. He also said: “There is no rush, the sanctions remain!”

The United States accused North Korea last week of breaching a U.N. sanctions cap on refined petroleum by making illicit transfers between ships at sea and demanded an immediate end to all sales of the fuel.

The United States submitted the complaint to the U.N. Security Council North Korea sanctions committee, which is due to decide by Thursday whether it will tell all U.N. member states to halt all transfers of refined petroleum to Pyongyang.

Such decisions are made by consensus and some diplomats said they expected China or Russia to delay or block the move.

When asked on June 13 about whether sanctions should be loosened, Russian U.N. Ambassador Vassily Nebenzia said: “We should be thinking about steps in that direction because inevitably there is progress on the track that should be reciprocal, that should be a two-way street. The other side should see encouragement to go forward.”

The proposals of both the United States and Russia are likely to be vetoed by each other, resulting no real changes, but what it displays is the foreign policy positions of both nuclear powers towards the relative position of the DPRK and its rhetorical move towards denuclearization. The US demonstrates that its campaign of increased pressure on the North is necessary to accomplishing the goal of a denuclearized Korean peninsula, while Russia’s philosophy on the matter is to show a mutual willingness to follow through on verbal commitment with a real show of action towards an improved relationship, mirroring on the ground what is happening in politics.

Continue Reading

Latest

Europe divided over possible trade compromise with Trump

Even if a European proposal could score a trade cease fire, the war isn’t over

Published

on

US President Donald Trump has just lectured NATO on it member’s commitment performance and held a controversial meeting with the Russian President Vladimir Putin and is next week to receive EU Commission President Jean-Claude Juncker, with trade matters being high up on the agenda.

Juncker is expected to present Trump with a package of proposals to help smooth relations and potentially heal areas of division, particularly those surrounding Europe’s trade relationship with America. Those proposals are precisely what is cropping up as another area of divergence between some members of the EU, specifically France and Germany, just after a major contention on migration has been driving discord within the Union.

This gets down to whether Europe should offer concessions to Trump on trade while Trump is admittedly describing the Union as a ‘foe’ and has initiated a trade spat with the Union by assessing trade tariffs on steel and aluminum imports from Europe, spurring retaliatory tariff measures from the EU Commission.

France, specifically, is opposed to any sort of compromise with Trump on the matter, where Trump is perceived as an opponent to the Union and its unity, whereas Germany is economically motivated to seek an end to the trade dispute under the threat of a new round of tariffs emanating from the Trump administration, and is therefore seeking to find some sort of proposal that Trump will accept and therefore back down on his protectionism against the EU, and Germany in particular.

Politico reports:

Only a week before European Commission President Jean-Claude Juncker flies to Washington, France and Germany are divided over how much he should offer to U.S. President Donald Trump to end a deepening trade war, say European diplomats and officials.

But, they add, Germany has the upper hand. Berlin is shaping Juncker’s agenda, suggesting three offers that he could take to Trump on July 25 to resolve the dispute, according to people familiar with the plans.

The French are uneasy about the wisdom of such a conciliatory approach, however, and publicly accuse Trump of seeking to splinter and weaken the 28-member bloc, which he has called his “foe.”

Despite Paris’ reservations about giving away too much to the increasingly hostile U.S. president, the diplomats say that the European Commission’s powerful Secretary-General Martin Selmayr supports the German attempt at rapprochement, which makes it more likely that Juncker will offer some kind of trade fix next week.

“It’s clear that Juncker can’t go to Washington empty-handed,” one diplomat said. He stressed that Juncker’s proposals would be a political signal to Washington and would not be the formal beginning of negotiations, which would have to be approved by EU countries.

European ambassadors will meet on Wednesday to discuss the scope of Juncker’s offer — and indeed whether any offers should be made at all. France’s official position is that Europe must not strike any deal with a gun to its head, or with any country that has opted out of the Paris climate accord, as Trump’s America has done.

While Berlin is terrified by the prospect of 20 percent tariffs on cars and is desperate for a ceasefire deal, France has more fundamental suspicions that the time for compromise is over and that Trump simply wants to destroy EU unity. Paris is concerned that Trump’s next target is its sacred farm sector and is putting more emphasis on the importance of preserving a united political front against Washington.

Two diplomats said Berlin has a broad menu of offers that should be made to Trump: a bilateral deal to cut industrial tariffs, a plurilateral agreement to eliminate car duties worldwide, and a bigger transatlantic trade agreement including regulatory cooperation that potentially also comes with talks on increasing U.S. beef exports into Europe.

Making such generous offers is contentious when Trump crystallized his trade position toward Brussels on CBS news on Sunday: “I think the European Union is a foe, what they do to us in trade. Now, you wouldn’t think of the European Union, but they’re a foe.”

This undiplomatic bombshell came not long after he reportedly advised French President Emmanuel Macron to quit the EU to get a better trade deal than he was willing to offer the EU28.

In announcing Juncker’s visit on Tuesday, the White House said that he and Trump “will focus on improving transatlantic trade and forging a stronger economic partnership.”

Talking to the enemy

Diplomats note that a French-led camp in Brussels reckons Trump’s goals are strategic, and that he’s not after the sort of deal Germany is offering.

A French government official said that Washington quite simply wants to shift the EU off the stage: “Trump’s objective is that there are two big blocs: The United States and China. A multipower world with Europe as a strong player does not fit in.”

France’s Economy Minister Bruno Le Maire this month also issued a stark warning that Trump is seeking to drive a wedge between France and Germany — courting Paris, while simultaneously attacking Berlin’s trade surplus with the U.S. “In this globalized world, European countries must form a bloc, because what our partners or adversaries want is to divide us,” Le Maire said at an economic conference in Aix-en-Provence. “What the United States want, that’s to divide France and Germany.”

Despite these remarks from Le Maire, Anthony Gardner, former ambassador to the EU under the Barack Obama administration, said that he suspects the full magnitude of the threat has not sunk in. “Europe wake up; the U.S. wants to break up the EU,” he tweeted on Sunday. “Remember Belgium’s motto: L’union fait la force. [Unity creates strength]. Especially on trade. No side deals.”

One EU diplomat insisted that Brussels is not blind to these dangers in the run-up to Juncker’s visit.

Trump thinks that Europe is “too big to be controllable by DC, so it’s bad for America. Simple logic. And therefore the only deal that will bring the president to stop the trade war is the deal that breaks up the European market. I don’t quite think that’s the legacy Juncker is aiming for,” the diplomat said.

Europe is source of a deep frustration for Trump, as it runs a massive goods surplus with the U.S., at $147 billion in 2016. In particular, the U.S. president blames Germany’s mighty car exporters for this imbalance.

Leveling the field is not easy, however. With its market of 510 million consumers, Europe not only has the clout to stand up to the United States, but is increasingly setting global standards — particularly on food. This not only limits U.S. exports in Europe but also means that the European model is used in a broader trading ecosystem that includes Canada, Mexico and Japan.

New world order

Marietje Schaake, a liberal Dutch member of the European Parliament, observed that the U.S. trade strategy meshed with Trump’s political agenda.

“You could say there’s a new transatlantic relation emerging, of nationalists, populists and protectionists,” she said, pointing out that Trump’s meeting with Russian President Vladimir Putin has cast doubt on America’s commitment to supporting European security.

Trump’s opposition to the EU partly builds on an long-standing American discomfort about the EU’s economic policies.

“We already saw problems during the negotiations for the Transatlantic Trade and Investment Partnership, where the U.S. didn’t like EU demands such as on geographical indications [food name protections], and certainly didn’t like that we had ambitious requests in areas like public procurement,” said Pascal Kerneis, managing director of the European Services Forum and a member of the now defunct TTIP advisory group.

Kerneis said that Trump’s trade attacks are shifting the tensions to a completely new level: “He’s attacking on all fronts, hoping to break our unity, particularly between Germany and France.”

France particularly fears that Trump’s duties on Spanish olives could only be the first salvo on Europe’s whole system of farm subsidies.

EU lawmaker Schaake said that France is right to worry about a conflagration. “Once we give in in one area, he will attack at the next one,” she said. “If we allow Trump to play Europeans against each other, sector by sector, it will be a losing game.”

Even if Europe goes about capitulating to Trump’s gripes about the Union, whether it gets back to NATO defense spending or the trade deficit, the question remains whether this will satiate Trump’s political appetite and result in an improved trade perspective and politically acceptable position with Washington, and France’s concern that the matter runs deeper and has a foreign policy agenda behind it, and that caving to Trump’s pressure will only end in defeat for the EU would therefore appear reasonable.

But Germany is staring down the barrel of a possible new round of tariffs that would hurt some of their largest industries and is therefore under a lot of pressure to find a solution, or at least some sort of agreement that could deescalate the situation.

However, Germany’s recent record of resolving international issues is such that Germany is really only scoring cease fire agreements, rather than ending the real political conflicts, referring mainly to the immigration issue which recently resulted only in diffusing some inter Union tensions, but without resolving the problem itself.

In this context, Germany could promise the moon and stars to Trump, possibly avert further trade tensions, but yet fail to address the core political and trade conflicts that have already broken out. Essentially, then, such a compromise would only serve to function as damage control, while leaving Germany and the Union at a further disadvantaged political position relative to the States at the political table.

Continue Reading

JOIN OUR YOUTUBE CHANNEL

Advertisement

Your donations make all the difference. Together we can expose fake news lies and deliver truth.

Amount to donate in USD$:

5 100

Waiting for PayPal...
Validating payment information...
Waiting for PayPal...
Advertisement
Advertisements
Advertisement
Advertisements

Quick Donate

The Duran
EURO
DONATE
Donate a quick 10 spot!

The Duran Newsletter

Trending