Briefly Noted

Abstract

On February 14, 2022, an ad hoc division of the Court of Arbitration for Sport (CAS) issued its decision in the case involving Russian figure skater Kamila Valieva. Valieva was suspended from participation in the 2022 Winter Olympic Games after the detection of a banned substance in her blood. The suspension was lifted by a decision issued by the Russian Anti-Doping Agency (RUSADA) Disciplinary Anti-Doping Committee on February 9, 2022, allowing her to continue in the Olympics. The applicants (the International Olympic Committee, the World Anti-Doping Agency, and the International Skating Union) challenged the lifting of the suspension. The CAS denied the applicants' challenge and allowed Valieva to participate in the Games. The CAS held that because Valieva is under the age of 16, she is considered a “protected person” under the World Anti-Doping Code and as such, should be sanctioned to a lesser degree than someone of age. In addition, because the positive sample was taken before the Winter Olympics, and she had not tested positive during the Games themselves, preventing her from participating in the Winter Games would cause “irreparable harm.” In addition, the 44-day delay in reporting her adverse test results should not be held against her to her detriment, particularly in consideration of the fact that the substance detected in the sample was “extremely low” and its performance-enhancing effects have not been proven. The World Anti-Doping Agency expressed its disappointment in the decision, noting that the World Anti-Doping Code does not permit “specific exceptions to be made in relation to mandatory provisional suspensions for ‘protected persons.’”