CAS 2004/A/748 Russian Olympic Committee (ROC) & Viatcheslav Ekimov v. International Olympic Committee (IOC), United States Olympic Committee (USOC) & Tyler Hamilton
- Cycling
- Characteristics features of a „decision‟
- No anti-doping rule violation
- Jurisdiction of the CAS
- Standing to appeal
1. When a letter contains a clear statement of the resolution of the disciplinary procedure and when that statement has the additional effect of resolving the matter in respect of all interested parties it can be considered as a decision. It seems also evident from the text of the letter that its author intended such communication to be a decision issued on behalf of the IOC. The letter is therefore a true “decision” which can be appealed under Art. R47 of the Code.
2. The decision taken by the IOC whereby it is stated that a rider had not committed an anti-doping rule violation because the B sample did not confirm the A sample is tantamount to stating that the IOC determined that no anti-doping rule violation had been committed. Therefore, the said decision falls under Art. 12.2 of the IOC Anti-Doping Rules which allows the CAS to rule on appeals against a „decision that no anti-doping rule violation was committed‟ and the CAS has jurisdiction to review it.
3. Art. 12.2.2 of the IOC Anti-Doping Rules, corresponding to Art. 13.2.3 of the WADA Code, provides that only the following parties have the right to appeal to the CAS: “(a) the Athlete or other Person who is the subject of the decision being appealed; (b) the IOC; (c) the relevant International Federation and any other Anti-Doping Organisation under whose rules a sanction could have been imposed; and (d) WADA”. Neither a competitor (of the athlete subject to an anti-doping decision) nor his National Olympic Committee are among the individuals or organisations listed therein. This interpretation is confirmed by the Comment on the WADA Code – particularly relevant in light of Art. 16.5 of the IOC Anti-Doping Rules – which unambiguously states that such list of persons or organizations having standing to appeal “does not include Athletes, or their federations, who might benefit from having another competitor disqualified”. An application submitted to the CAS by a party having standing to appeal long after the time limit for the appeal had expired cannot be considered.
Mr. Tyler Hamilton is an American professional Athlete competing in the cycling Men's Individual Time Trial event and the Men's Road Race at the Athens 2004 Olympic Games.
Mr Viatcheslav Ekimov is a Russian professional Athlete competing at the Athens 2004 Olympic Games.
In August 2004 the International Olympic Committee (IOC) has reported an anti-doping rule violation against the Athlete after his sample tested positive for blood doping. However the IOC Disciplinary Commission concluded on 23 September 2004 that no anti-doping rule violation was committed because the Athlete's B sample did not confirm the A sample.
Hereafter in October 2004 the Russian Olympic Committee (ROC) and the Athlete Viatcheslav Ekimov appealed the IOC Decision of 23 September 20014 with the Court of Arbitration for Sport (CAS).
The ROC and the Athlete requested the Panel to set aside the IOC decision and for the disqualification of the Athlete, including forfeiture of any medals, points and prizes won.
The Appellants contended that the new adverse analytical finding in respect of Mr Hamilton and the outcome of the related case would be relevant for the present procedure.
The Panel holds that the IOC Decision of 23 September 2004 falls under Art. 12.2 of the IOC Anti-Doping Rules and, thus, the CAS has jurisdiction to review it. However, a tribunal may have jurisdiction to decide a dispute, but it can only exercise that jurisdiction if the parties in front of it have standing to ask it to make the decision. Accordingly, the Panel must decide whether the Appellants are properly before it, i.e. whether they have locus standi to put the matter before the CAS under the IOC Anti-Doping Rules.
The Panel finds that both Appellants lack standing to appeal under Art. 12.2.2 of the IOC Anti-Doping Rules. As a result, the Panel may not entertain this appeal and must decline to adjudicate the case upon its merits.
On 27 June 2006 the Court of Arbitration for Sport decides:
1.) Mr Viatcheslav Ekimov and the Russian Olympic Committee have no standing to appeal against the decision issued on 23 September 2004 by the International Olympic Committee.
2.) The appeal filed by Mr Viatcheslav Ekimov and the Russian Olympic Committee on 14 October 2004 against the decision issued on 23 September 2004 by the International Olympic Committee is dismissed.
(…)
