Swiss Federal Court 4A_470_2016 Russian Paralympic Committee vs IPC
Related case:
CAS 2016_A_4745 Russian Paralympic Committee vs IPC
August 30, 2016
On 18 July 2016, WADA's Independent Person, Mr. Richard McLaren, published on the WADA website its official independent report (the McLaren Report) describing a fraudulent, government directed scheme to protect Russian athletes from ADRVs, including with respect to disqualification during the Sochi Winter Games. Also Professor McLaren provided CAS a sworn affidavit in this case.
By letter the International Paralympic Committee (IPC) notified on 22 July 2016 the Russian Paralympic Committee (RPC) that it had opened suspension proceedings against it, based on a list of seven, non-exhaustive facts that it believed were established according to the McLaren Report.
After deliberations between the IPC and the RPC about the suspension proceedings the IPC decided on 7 August 2016 to suspend the membership of the RPC. As a consequence of the suspension the Russian paralympic athletes were excluded for the Rio 2016 Paralympic Games.
On 15 August 2016 the RPC appealed the IPC decision of 7 August with the Court of Arbitration for Sport (CAS). The RPC requested the Panel to annul the IPC decision of 7 August 2016 and to allow Russian Paralympic athletes to compete at the Rio 2016 Paralympic Games.
The CAS Panel ruled that the existence of the Disappearing Positive Methodology system as described in the McLaren Report and in the McLaren affidavit means that the RPC has breached its obligations and conditions of membership of the IPC and decided on 30 August 2016 to dismiss the RPC appeal and to confirm the IPC decision of 7 August 2016.
Hereafter the RPC appealed the CAS decision of 30 August 2016 with the Swiss Federal Court.
The RPC requested the Court to set aside the CAS decision and asserted with arguments that the their right to be heard was violated and that the CAS decision was incompatible with the Swiss Ordre Public.
The Court rejects the RPC’s arguments and rules that no violation occurred of the Ordre Public. Therefore the Swiss Federal Court decides on 3 April 2017 to dismiss the RPC appeal.
