Pubblicato in: Devoluzione socialismo

Non fan più i liberal di una volta. Il Cas ci ripensa.

Giuseppe Sandro Mela.

2018-02-02.

Olimpiadi 011

«In total 43 Russians were banned for life from the Olympics following the conclusion of an IOC investigation into evidence of state-sponsored Russian doping at their home Games in Sochi in 2014.»

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«The McLaren report said Russian athletes benefited from a state-sponsored doping programme between 2011 and 2015, speaking of “a cover-up that evolved from uncontrolled chaos to an institutionalised and disciplined medal-winning conspiracy”.»

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«As a result it banned Russia from competing in Pyeongchang, but 169 Russians have since been invited to take part as neutrals.»

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«The Court of Arbitration for Sport (Cas) overturned the IOC suspensions – for doping at the 2014 Winter Olympics – partially upholding 11 other appeals.»

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«Cas said that in 28 cases evidence was “insufficient” to prove doping.»

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«It said they would be “declared ineligible” for this month’s Games “instead of a life ban from all Olympic Games”.»

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«The IOC expressed its “satisfaction on one hand and disappointment on the other” at Thursday’s ruling, made eight days before the 2018 Winter Olympics begin in Pyeongchang, South Korea»

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«Russian Sports Minister Pavel Kolobkov said: “Our guys and all of us are happy that justice has finally triumphed. Today’s rulings confirm that many of those who were accused are clean athletes.” »

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«The Interfax news agency quoted Russian Olympic Committee head Alexander Zhukov as saying: “We are simply happy now that the court has restored the athletes’ good name and returned their awards.”»

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«Ma che bisogno abbiamo di prove?»

Queste parole pronunciate da Caifa nel Sinedrio risuonano da venti secoli in tutti i tribunali che sono politicizzati.

«I tribunali ci sono per condannare»

Questa celebre frase di Robespierre è stata massima seguita con particolare cura dai giudici dei tribunali dell’ultimo secolo. Ma i tribunali con giudici liberal sono l’apoteosi dell’asservimento dei giudici alla ideologia, ed ai benefici che ne conseguono.

Già

Ma se cambiano i potenti allora cambiano i pareri dei giudici, i condannati e le condanne.

Le ruote della storia girano: si assolve chi prima sarebbe stato condannato e si riabilita quanti prima condannati.

Inizierebbe a venire il sospetto che la Court of Arbitration for Sport non sia più roccaforte liberal, segno evidente del loro declino.


Bbc. 2018-02-01. Winter Olympics 2018: Court overturns life bans given to Russian athletes

A decision to overturn the Olympic life bans of 28 Russian athletes “may have a serious impact on the future fight against doping”, says the International Olympic Committee (IOC).

The Court of Arbitration for Sport (Cas) overturned the IOC suspensions – for doping at the 2014 Winter Olympics – partially upholding 11 other appeals.

Cas said that in 28 cases evidence was “insufficient” to prove doping.

The IOC said it would consider its own appeal to the Swiss Federal Tribunal.

Cas said that for the 11 athletes whose appeals had been partially upheld, evidence “was sufficient to establish an anti-doping rule violation” had taken place.

It said they would be “declared ineligible” for this month’s Games “instead of a life ban from all Olympic Games”.

The IOC expressed its “satisfaction on one hand and disappointment on the other” at Thursday’s ruling, made eight days before the 2018 Winter Olympics begin in Pyeongchang, South Korea.

“On the one hand, the confirmation of the anti-doping rule violations for 11 athletes because of the manipulation of their samples clearly demonstrates once more the existence of the systemic manipulation of the anti-doping system at Sochi 2014.

“On the other hand, the IOC regrets very much that – according to the Cas press release – the panels did not take this proven existence of the systemic manipulation of the anti-doping system into consideration for the other 28 cases.

“This may have a serious impact on the future fight against doping. Therefore, the IOC will analyse the reasoned decisions very carefully once they are available and consider consequences, including an appeal to the Swiss Federal Tribunal.”

Britain in line for another bronze?

The Cas decision makes it likely that Britain’s four-man bobsleigh team from Sochi will be upgraded to a bronze medal.

John James Jackson, Bruce Tasker, Stuart Benson and Joel Fearon finished fifth, but the IOC disqualified two Russian sleds who finished first and fourth following re-examination of the doping tests conducted at the time.

Athletes from both Russian sleds were included in the 11 whose doping violations were confirmed by Cas.

The IOC is yet to officially reallocate the medals from that event, but if confirmed it would raise Britain’s medal count to five and make Sochi 2014 their most successful Winter Olympics.

‘A get out of jail free card’

Cas said it considered testimony from experts including former Russian anti-doping official and whistleblower Dr Grigory Rodchenkov and Canadian lawyer Professor Richard McLaren, who authored a damning 2016 report into doping in Russia.

A statement from Dr Rodchenkov’s lawyers said: “This panel’s unfortunate decision provides a very small measure of punishment for some athletes but a complete ‘get out of jail free card’ for most.

“The Cas decision only emboldens cheaters, makes it harder for clean athletes to win, and provides yet another ill-gotten gain for the corrupt Russian doping system generally, and [President Vladimir] Putin specifically.”

In the statement explaining its decision Cas said its mandate “was not to determine generally whether there was an organised scheme allowing the manipulation of doping control samples in the Sochi laboratory”.

It said it was “strictly limited to dealing with 39 individual cases and to assess the evidence applicable to each athlete on an individual basis”.

How many Russians were banned and why?

In total 43 Russians were banned for life from the Olympics following the conclusion of an IOC investigation into evidence of state-sponsored Russian doping at their home Games in Sochi in 2014.

Bobsleigher Maxim Belugin was the only athlete not to lodge an appeal with Cas, while the cases more – biathletes Olga Zaytseva, Olga Vilukhina and Yana Romanova – have been “suspended”.

The IOC investigation – known as the Oswald Commission, tasked with looking into individual cases of doping – was opened following the findings of the McLaren report.

The McLaren report said Russian athletes benefited from a state-sponsored doping programme between 2011 and 2015, speaking of “a cover-up that evolved from uncontrolled chaos to an institutionalised and disciplined medal-winning conspiracy”.

The IOC also set up another investigative body – the Schmid Commission – to investigate this wider evidence of institutional doping.

As a result it banned Russia from competing in Pyeongchang, but 169 Russians have since been invited to take part as neutrals.

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