The highest measure of coldness: the decision on Russian figure skater Kamila Valieva was made as cruel as possible

On January 29, the Court of Arbitration for Sport (CAS) published its final decision in the doping case against Russian figure skater Kamila Valieva. Final because now it will be possible to appeal only procedural issues, and not the decision itself. And do this not in CAS, but in a Swiss court. At the place of registration of the arbitration court. The decision is the toughest, which actually destroyed the sports career of our most talented young athlete and people’s favorite. And this is unfair in any case.

WHERE IT ALL BEGAN

On February 7, 2022, Kamila Valieva, as part of the Russian national team, won the team tournament at the Beijing Olympics. However, the award ceremony was initially postponed to a later date, and then completely postponed. Rumors appeared in the media that all this was due to the fact that a minor athlete, and Valivaeva was the only minor in the Russian national team, was found to have doping. And we were talking about trimetazidine, as Western media reported. “MK” then promptly talked with clinical pharmacologist Oleg Talibov, who was studying the effects of this drug on the body of athletes. And on February 10, 2022, he told our newspaper how trimetazidine could have entered Valieva’s body.

On February 11, the International Testing Agency (ITA) officially announced that this prohibited substance was found in the skater’s doping test dated December 25, 2021.

And then the millstones of sports politics began to turn, fueled by the initially negative attitude towards our Olympians on the part of the leaders of international sports organizations.

The International Skating Union (ISU) suspended our team from participation in the Olympics. The visiting session of CAS, quickly convened in Beijing, canceled this decision. But our Olympians were never given medals. As did the Americans, with the Japanese coming in second and third.

Naturally, the International Anti-Doping Agency (WADA) also intervened. To which we have our own complaints about the procedure for processing Valieva’s sample, taken from her a month and a half ago. WADA took advantage of the legal nuances in its documents, drawing up everything “on a ribbon”, but almost according to the rules.

Of course, Camila herself, who at that time was only 15 years old, had it worst of all. It’s not always possible for adult athletes to cope with such horror, let alone a minor girl going to the first Olympics in her life? You can partly understand what happened then, in the first days, from an interview with Eteri Tutberidze, Kamila’s coach. But going through all this and not breaking down is a feat in itself. Which Kamila does every time she goes out and wins or takes prizes in competitions.

HOW THEY DEMANDED TO PUNISH

The decision regarding Kamila was made by the Russian Anti-Doping Agency (RUSADA). Who has the biggest problems with WADA – its leader, Pole Witold Banka, does not want to recognize the legitimacy of the Russian organization.

Nevertheless, RUSADA made its decision. Kamila is guilty of unintentional doping, therefore the gold medal of the Russian Championship received in December 2021 is cancelled. That’s all.

Naturally, both the ISU and WADA considered this decision too lenient. And they filed appeals with CAS, demanding more severe penalties.

As a result, the international arbitration court had to consider several claims at once, combining them into one hearing.

WADA demanded the most severe measure: regardless of the status of a “protected person” (Valiyeva was 15 years old at the Games), the meager dose of the drug detected in the doping test, and a four-year disqualification with the cancellation of all results (starting from December 25, 2021). That is, that day of the Russian Championship when the sample was taken.

The International Skating Union wanted a two-year ban with results voided starting December 25, 2021.

RUSADA, in addition to its previously made decision, requested that Valieva be reprimanded. Perhaps this lawsuit was filed in order to participate in this high-profile process not only as an accused.

Valieva, for her part, also filed a counterclaim. In which “it demanded from CAS a decision that it does not have jurisdiction over the claims of WADA, ISU and RUSADA, since the doping violation has not been proven, and the result at the Russian Championship should be restored. In the alternative, she requires a determination that she bears no fault or negligence or, more importantly, that the offense was not willful, so the period of ineligibility must not exceed two years and no results can be disqualified.”

Arbitrators for the hearing, which took place from September 26 to 29, 2023. American Jeffrey Mishkin was appointed from the World Anti-Doping Agency (WADA), Frenchman Mathieu Maisonneuve from Valieva and Briton James Drake as chairman. The Russian Anti-Doping Agency (RUSADA) has decided not to participate in the nomination process.

As expected, in four days the judges were unable to cope with the entire volume of information, and the case continued to be heard on October 9 and 10, just before the fourth stage of the Russian Cup, in which Kamila took part.

At the same time, it was immediately announced that the arbitrators would need some time to make a final decision. And its announcement will take place no earlier than February 12, 2024.

This was until January 27, when it became known that the CAS verdict would be published on January 29 at 17:00 Moscow time.

All Russian figure skating fans, and not only those, froze in anticipation. I couldn’t believe that everything would be bad, I really wanted everything to be good. And so that the fate and career of the most talented Russian athlete is not ruined.

Alas…

THE STRONGEST PUNISHMENT

With truly Swiss punctuality, the Court of Arbitration for Sports published the verdict in the Valieva case on its website on January 29 at 17:00.

Four years of disqualification, deprivation of all medals and achievements, awards and titles and, of course, prize payments starting December 25, 2021.

As for the rest of our team members. winning the team tournament at the Olympic Games in Beijing in February 2022, then the decision on it must be made by the International Olympic Committee. Like this…

And yet how can this be? What do the CAS judges charge Kamila with?

According to CAS, Valieva committed an anti-doping rule violation (ADV) in accordance with Article 4.1 of the All-Russian Anti-Doping Rules of June 24, 2021 (Russian ADR).

According to this paragraph of our document, athletes are responsible for any Prohibited Substance found in their Samples, and the presence of any Prohibited Substance constitutes an anti-doping rule violation. At the same time, Valieva herself, as stated in the court decision, did not dispute liability, since she admitted that due to the presence of TMZ in her sample, she committed a violation under this very article. CAS therefore had to consider what sanctions, if any, should be imposed on

Valiev in accordance with Russian doping rules. And they provide for a four-year period of disqualification. In order to reduce this period, Valieva had to prove “on the balance of probabilities” that she did not commit the violation intentionally

“Having carefully considered all the evidence presented to her, the CAS Commission concluded that Valieva failed to prove this,” the decision says.

Moreover, CAS found no reason to treat Kamila as a protected person based on her age at the time of the violation.

The decision of the CAS Panel is final and binding, except for the right of the parties to appeal to the Swiss Federal Tribunal within 30 days on limited grounds.

But I don’t believe at all that this court can make any other decisions.

Participation in CAS and compliance with its requirements is voluntary for each state. This is spelled out in our sports law.

Over the past two years, this arbitration court has not made a single decision in our favor.

Will Valieva’s case be the last straw? So that we stop tolerating this extreme measure of coldness towards our sport, in the history of which there are many glorious victories and world records? This is our decision.