The trouble with Ostarine: Jimmy Wallhead’s
16th March 2018
As entrusted by Mr. Sun Yang, Mr. Zhang Qihuai, Attorney of Beijing Lanpeng Law Firm, hereby makes the following statement in relation to the ruling made by the Court of Arbitration for Sport (CAS) in the case of World Anti-Doping Agency (WADA) v. Sun Yang & Fédération Internationale de Natation (FINA) (CAS 2019/A/6148).
I. 28th February 2020 is a day of darkness and gloom, when the evil trampled over the justice, and the will of the powerful replaced the common values. CAS listened to and favoured stories from the one side, and turned a blind eye to rules and procedures. It disregarded the truth and evidence. Based on the lies and false evidence, CAS delivered an award which turned white into black. Mr. Sun Yang, who insists on his innocence and who was shocked to have learnt about such a result, has decided to exercise his legitimate rights in accordance with the relevant judicial procedures. On the ground of a series of procedural errors by the CAS during the appeal hearing, Mr. Sun Yang will appeal to the Swiss Federal Supreme Court within 30 days.
II. The whole case started due to an out-of-competition testing procedure on 4 September 2018. Objectively, Mr. Sun Yang did not have any part in tampering with the doping control process, or of refusing to provide samples. On the day of the testing, officers from International Doping Tests & Management (IDTM) temporarily notified the attendance to the venue of the so-called blood sample collector (who did not have correct qualification, nor authorisation, and who took blood illegally as the venue was outside her usual location of practice), and the so-called urine sample collector (who did not have correct qualification, authorisation nor training).
Mr. Sun Yang actively cooperated after he had been notified about the out-of-competition testing. However, before the officers entered the testing room, the urine sample collector turned on the camera on his mobile phone and took photos and videos of Mr. Sun Yang. Such actions were violation of Mr. Sun Yang’s right to privacy and were stopped by Mr. Sun.
In light of this, Mr. Sun Yang raised his objection, and sought instructions from his superior at the earliest time. Mr. Sun continued to cooperate with the blood collection officers while waiting for the decision from his superior. After finding out the full circumstances, the superior had, thorough communication with the doping control officer, to verify the issues concerning the authorisation, qualification and other relevant issues. The doping control officer agreed that the blood sample of Mr. Sun Yang would not be taken away and the doping control officer also proposed to separate the blood sample from the outer packaging.
All parties involved signed on the spot to confirm these facts. Due to the facts that the doping control officers did not have any valid authorisation, and that untrained and unqualified personnel were notified on short notice to participate in the testing, and that the urine sample collector violated the rules and took photos and videos, the doping control officer voluntarily abandoned the testing.
It is worth noting that back in 2017, Mr. Sun Yang lodged a complaint against that doping control officer for not having valid qualification and credentials, and the complaint is still pending. It is obvious that this testing in concern was retaliation by the doping control officer, who took advantage of her position. When testifying at FINA Doping Panel and CAS hearing, the doping control officer distorted facts, gave contradictory evidences, and lied. Furthermore, when giving evidence at CAS, she even denied her own testimony given at the FINA hearing and told more lies.
CAS did not question the doping control officer’s testimony. Instead, it accepted all her false statements and found Mr. Sun Yang liable. This was not objective, nor fair. Mr. Sun Yang will take legal actions in relation to the doping control officers’ violation of law and regulations, false statements, and provision of false evidence.
III. The World Anti-Doping Agency (WADA), being a party in this case, is the rule-maker, and also the interpreter of the International Standard for Testing and Investigation. In other words, WADA is the “athlete” and also the “judge”. However, CAS failed to independently decide and render a fair and impartial ruling under such circumstances. Mr. Sun Yang will take legal actions in relation to the loopholes in the organisation, rules and procedures of WADA and other authorities, and the actions by relevant personnel who distorted facts and abused power in the arbitration proceedings.
IV. Some international sports organisations have tremendous power, are dictatorial and arbitrary. They even distorted rules which were meant to equally protect all international organisations and athletes. However, the lack of supervision and restraint mechanisms in the international communities led to the neglect in the observation of procedures by such organisations or the personnel of their authorised institutions when exercising their power, and led to ethnic prejudice and national standing, which severely violated the spirit of sport, and the legitimate rights and interests of athletes, and impeded the healthy and sustainable development of sport.
As an athlete, Mr. Sun Yang will not tolerate such behaviour and will defend his rights in accordance with the law. Furthermore, this is not a matter which concerns the rights and interests of Mr. Sun Yang alone. This is a matter which concerns the legitimate rights and interests of all athletes, as well as the maintenance and inheritance of the Olympic spirit.
V. Thankfully, for a long time, the General Administration of Sport of China, the Sport Bureau of Zhejiang Province, the China Swimming Association and China’s national swimming team fully trusted and supported Mr. Sun Yang. In particular, after CAS rendered its ruling, the China Swimming Association issued a statement at the earliest time, disclosing multiple violations in the arbitration process, expressed its full support for Mr. Sun Yang to defend his rights in accordance with the law. It also called on WADA, sports organisations, and doping control agencies to correct and improve the rules, strictly enforce the rules and respect the legitimate rights of athletes. All these voices and advocacy are the greatest encouragement and support for Mr. Sun Yang.
Finally, Mr. Sun Yang wishes to sincerely extend his deep gratitude to his beloved motherland for all the nurturing efforts, to the General Administration of Sport of China, the Sport Bureau of Zhejiang Province, the China Swimming Association, China’s national swimming team and to all other organizations and groups, along with all his supervisors, for all their kind support and help. Also, he wishes to thank all his fans, friends, and all the netizens in China and abroad for their long-lasting trust and strong support. Prejudice and lies are like the darkness of the night, and might temporarily blind the eyes of the world, but it could not prevent the arrival of the dawn. We all look forward to the daylight to come.
• This media statement was published by Lanpeng Law Firm on 1 March 2020. Click here for the original.
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