Usually the appeal is presented in the most serious cases, as happened with the broken test tubes of the Chinese man.
“You have to know the past to understand the present and direct the future”. This is what Thucydides wrote almost 2,500 years ago and so we do, trying to better understand what could happen to Jannik Sinner. What you can see at first glance about the cases in which the World Anti-Doping Agency has decided to appeal to the Court of Arbitration for Sport is that it usually happens in particularly serious situations and therefore in the face of decisions that in its opinion are particularly unfair. Not only that. Wada avoids – as much as possible – appealing against an athlete unless it has more than valid evidence to support its thesis: this is why many trials have ended with a ruling in his favor.
that sun
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Take the Sun Yang case, perhaps the most sensational of all. The Chinese swimmer, 3 Olympic gold medalists and 12 world champions, was subjected to a surprise doping test at his villa on 4 September 2018. After blood and urine samples were taken, the vials were smashed with hammer blows, preventing the tests from being carried out. In January 2019, FINA opened an investigation that ended with an acquittal for failure to violate anti-doping rules. Wada did not accept this and appealed to the CAS: on 28 February 2020, the Lausanne Court punished the swimmer with an 8-year ban. After Sun Yang’s counter-appeal and the Swiss Federal Court annulled the measure (due to the conduct in the hearing of the then president of the CAS Franco Frattini), the Court with a new composition of judges re-examined the case: the Chinese swimmer was suspended for 4 years and 3 months.
contador
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Also very significant is what happened to Alberto Contador. On July 21, 2010, the second rest day of the Tour, a minimal amount of clenbuterol was detected in the Spanish cyclist’s urine samples. The results of the analysis were communicated a month after the end of that Tour, won by Contador. The UCI suspended him, he immediately spoke of food contamination due to a treated steak. The Spanish Federation acquitted him, but Wada – together with the UCI – appealed to the CAS which on February 6, 2012 decided to sanction the Spaniard with a two-year suspension.
mannini-possanzini
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The case of Daniele Mannini and Davide Possanzini is particularly unusual: the two footballers, at the time playing for Brescia, had been sentenced to 15 days of disqualification by the National Anti-Doping Tribunal for being late for the anti-doping test after the match against Chievo in December 2007. Wada appealed because it considered the sanction insufficient and on 29 January 2009 the CAS slapped them with a one-year disqualification. After the FIGC requested a suspension, the CAS re-examined the case and on 12 February 2009 confirmed the validity of the first 15-day sanction.
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errani and palomino
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Thinking about Sinner, it is worth remembering two other cases, even if it was not Wada that appealed here: Sara Errani (because we are talking about tennis) and José Luis Palomino (for Clostebol). The Italian player, suspended for two months by the International Federation following a positive test for letrozole, was punished with a 10-month ban by the CAS on 31 August 2017 following an appeal by Nado Italia. The Atalanta player tested positive for Clostebol Metabolite during a test in the 2022 pre-season: he was reported by Nado Italia and then acquitted by the National Anti-Doping Tribunal on 7 November. The National Anti-Doping Prosecutor’s Office contested the sentence by appealing to the CAS, which however considered the theory of involuntary intake put forward by the player to be reliable, confirming the acquittal on 19 September 2023.
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2024-09-17 08:21:47
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