Revue - Les Cahiers de l'Arbitrage N°1 - 2024 - 38

SPÉCIAL « ARBITRAGE ET JEUX OLYMPIQUES »
This decision was made in response to concerns raised by informants that there
could be a conflict of interest for WADA in verifying allegations related to the Sochi
Olympics, as WADA is financed in part by the International Olympic Committee. 2
In July 2016, Professor McLaren released his investigation report, finding that
(a) the Moscow Laboratory indeed operated to protect doped Russian athletes,
within a state-dictated failsafe system, described in the report as the Disappearing
Positive Methodology; (b) the Sochi Laboratory operated a unique sample swapping
methodology to enable doped Russian athletes to compete at the Games; and (c) the
Ministry of Sport directed, controlled and oversaw the manipulation of athletes'
analytical results or sample swapping, with the active participation and assistance
of the Russian Federal Security Service (FSB), the Center of Sports Preparation of
Russia's National Teams(CSP), and both the Moscow and Sochi Laboratories. 3
Under pressure of time, the International Olympic Committee (IOC) faced a
difficult and sensitive decision on how to uphold the principle of the presumption
of innocence for Russian athletes, in light of the circumstances revealed just a few
days before the start of the competition.
Contrary to WADA's recommendation, 4
the IOC Executive Board decided not
to ban Russia for participating in the Rio 2016 Olympic Games, and chose to leave
the decision on the suspension of Russian athletes to the international federations
of each sport. The IOC established the following directives:
a) The IOC will not accept any entry of any Russian athlete in the Olympic
Games Rio 2016 unless such athlete can meet the conditions set out below.
b) Entry will be accepted by the IOC only if an athlete is able to provide
evidence to the full satisfaction of his or her International Federation (IF) in relation
to the following criteria:
The IFs*, when establishing their pool of eligible Russian athletes, to apply
the World Anti-Doping Code and other principles agreed by the Olympic Summit
(21 June 2016).
2. Information available at WORLD ANTI-DOPING AGENCY (WADA). WADA names Richard
McLaren to Sochi investigation team. Retrieved from https://www.wada-ama.org/en/news/wadanames-richard-mclaren-sochi-investigation-team
and WORLD ANTI-DOPING AGENCY (WADA).
Independent Investigation into the Sochi Allegations made by Grigory Rodchenkov. Retrieved from
https://www.wada-ama.org/sites/default/files/resources/files/wada-independent-investigation-of-grodchenkov-allegations-tor-en_0.pdf
3.
The report, dated 16 July 2016, is available at https://www.wada-ama.org/sites/default/files/
resources/
files/20160718_ip_report_newfinal.pdf. A supplementary report was made in December 2016,
which " sharpens the picture and confirms the findings of the 1st Report and identifies summer, winter,
and Paralympic athletes involved in the doping cover-up and manipulation. " (https://www.wada-ama.org/
sites/default/files/resources/files/mclaren_report_part_ii_2.pdf).
4. In WADA's view, " the presumption of innocence of athletes in these sports, and in all Russian
sports, is seriously called into question. Accordingly, WADA recommends to the International
Olympic Committee (IOC) and the International Paralympic Committee (IPC) to consider, under their
respective Charters, to decline entries, for Rio 2016, of all athletes submitted by the Russian Olympic
Committee (ROC) and the Russian Paralympic Committee. Furthermore, any exceptional entry of a
Russian athlete should be considered by the IOC and IPC for participation under a neutral flag and
in accordance with very strict criteria. WADA also recommends that Russian Government officials
be denied access to international competitions, including Rio 2016 " (WORLD ANTI-DOPING
AGENCY (WADA). WADA statement: Independent investigation confirms Russian state manipulation
of doping control. Retrieved from https://www.wada-ama.org/en/news/wada-statement-independentinvestigation-confirms-russian-state-manipulation-doping-control).
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Paris Journal of International Arbitration 2024‑1

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Revue - Les Cahiers de l'Arbitrage N°1 - 2024

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