CAS: IOC Can't Sanction Russian Leader

(ATR) The Court of Arbitration for Sport ruled Thursday that the IOC had no power to punish the former Russian sports minister with a life ban from the Olympics.

Vitaly Mutko was banned from "any participation in all future Olympic Games" in December 2017 by the IOC as part of a wide range of sanctions against the country’s "systemic manipulation of the anti-doping system in Russia", which included suspension of the Russian Olympic Committee.

The McLaren Report’s bombshell revelations in July 2016, which led to a partial ban of Russian athletes from the Rio Olympics, concluded that the Russian sports ministry led by Mutko "directed, controlled and oversaw" the manipulation of athlete’s analytical results or sample swapping from 2011 to August 2015.

But on Thursday the CAS upheld Mutko’s appeal, ruling that the IOC had no legal basis under Rules 44 and 59 of the Olympic Charter to exclude him from future Olympics.

"The [CAS] panel has no difficulty in finding that Rule 59.2 is also not applicable to the appellant’s case as a proper legal basis for the appealed decision, given that the appellant was not and is not an Olympic competitor, a member of an Olympic delegation, a referee or member of a jury, and does not hold any Olympic accreditation which might be withdrawn," the CAS verdict said.

The sports court’s ruling did not address whether or not a state-sponsored or institutionalized doping system existed in Russia "and whether or not the appellant could be held responsible for it. The panel need not address any other issues".

The IOC declined to respond when asked by Around the Rings if the CAS ruling on Mutko diminished its sanctioning powers, or if Russia’s deputy prime minister would be welcome to future Games.

"The IOC takes note of the decision of CAS, which relates exclusively to the formal question of the sanctioning power of the IOC for people outside of the Olympic Movement," it said in a statement.

"At the same time the decision makes it clear that the IOC retains the right of taking any decision in reference to any specific edition of the Olympic Games."

Mutko, who has always denied overseeing a state-sponsored doping program, relinquished his roles as president of the Russian Football Union and head of the Russia 2018 World Cup organizing committee in December 2017 to fight the IOC’s ban.

At the time, Russian media reported after Mutko departed the Russian football federation to stave off international criticism in the final days of preparations for the 2018 FIFA World Cup. Mutko had served on the FIFA Council until he was expelled in March 2017 over possible government interference from his role as deputy prime minister.

Reported by Mark Bisson

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