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CAS dismisses Oly ban on doping offenders
Published in The Saudi Gazette on 07 - 10 - 2011


Britain to stick to doping ban law
BERLIN — The Court of Arbitration for Sport (CAS) cleared the way Thursday for several dozen former doping offenders to compete at next year's Olympics after dismissing the validity of an International Olympic Committee (IOC) eligibility rule.
Britain, however, is keeping its bylaw preventing its athletes found guilty of wilfull doping from competing in the Olympics, British Olympic Association chairman Colin Moynihan later said.
The BOA said its rule was different. “It is tough but it is fair. It has a strong appeal mechanism,” Moynihan told a news conference. “Fundamentally the BOA byelaw addesses eligibility and is not a sanction.”
The controversial Rule 45, introduced in 2008, banned athletes, including Olympic 400 meters champion LaShawn Merritt, from participating at the next Olympic Games if they have been suspended for six months or longer, but the regulation was rejected by CAS as invalid and unenforceable.
The court's ruling means that American Merritt, the highest profile name affected by the decision, can now defend his title in London. CAS said the rule was not in compliance with the IOC's own charter and the World Anti-Doping Agency's code which it had incorporated into its charter.
Merritt received a 21-month suspension after testing positive in 2009 and 2010 for a banned substance he said was found in an over-the-counter male enhancement product. His ban ended in July and he competed at the worlds in August, winning the silver medal behind Grenada's Kirani James and gold in the 4x400m relay. Merritt's lawyer said the Olympic champion was thrilled with the decision. “He was really, really happy to have this question mark lifted,” Howard Jacobs told Reuters in a telephone interview from Los Angeles. “I think he is really energized to prepare for next year now.”
While the IOC said it accepts the verdict and will comply, International Olympic Committee Vice President Thomas Bach said the Olympic body will push to get the regulation included in the next version of the WADA code, which will be revised in 2013. If accepted by all parties in the WADA rules, it should withstand legal challenge. “This is not the end of the story,” Bach, a German lawyer who heads the IOC's juridical commission, said in a telephone interview. “We'll try to convince all the stakeholders in WADA to adopt the rule which supports our aim.
The verdict also allows dozens more athletes banned from winter Games under the same rule to make a return at the Sochi 2014 Olympics if their doping suspensions have ended by then. The International Association of Athletics Federations estimated some 50 track and field athletes could be affected by the verdict.


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