The TAS decides that Russian skater Kamila Valíeva, accused of doping, may continue to compete

The panel of referees, made up of Italian Fabio Ludica, American Jeffrey Benz and Slovenian Vesna Bergant Rakocevic, have argued that preventing the athlete from participating in the Games would cause him “irreparable harm”, according to the press release published on the official website of the TAS. The decision relies on arguments such as the “fundamental principles of fairness, proportionality, irreparable harm and relative balance of interests between the applicants and the athlete, which did not test positive during the Beijing Olympics,” and adds that she is a 15-year-old athlete, which makes her in the category of protected athletes. The statement speaks of “extraordinary circumstances” in a very complex case. The court had to assess whether it was necessary to prioritize the rights and protection of Valíeva or to prioritize the image of the Games. He has opted for the first route, although Valíeva continues with an open disciplinary procedure, which leaves the IOC in an awkward situation. That is to say, Valíeva could win the gold medal in the individual competition and be sanctioned for doping afterwards, once the counter-analyzes of her case have been made.

The figure skater tested positive for trimetazidine, a medication for angina pectoris on the World Anti-Doping Agency’s list of banned products. This substance was included in the list of banned products because it improves the performance of heart cells, and after being detected that it appeared in the analyzes of many athletes in Eastern Europe. During the last Russian Skating Championships held in St. Petersburg, Valíeva tested positive after a test on December 26, but the case did not transpire until February 8, when the anti-doping laboratory in Stockholm , where the tests were sent, made public the results by talking about a Russian skater under the age of 16 who was at the Games. International law protects athletes under the age of 16 and requires that their identities not be published in doping cases, but Valíeva was the only 15-year-old Russian present in China. And all this happened just the day the gold medals were to be awarded to the Russian delegation for their victory in the team competition, in which Valíeva had become the first woman capable of making a quadruple jump in a Olympic event. Medals have not yet been awarded.

No time to defend yourself

To make matters worse, Russia still competes in the Games under the name Russian Olympic athletes, as the Russian Olympic Committee cannot use the Russian flag and anthem after the state-backed doping network used during the 2014 Sochi Winter Games was discovered. The Russian Anti-Doping Agency lost the ability to process the results of its athletes on its own in Moscow laboratories, which is why Valeva’s tests were sent to Stockholm, where the Swedes took six weeks to publish the results. They were notified on Tuesday, February 8th. In 24 hours, Valíeva went from being the big star of the Games to being in the middle of a media hurricane. In fact, the TAS said today: “We will not go into assessing the time it has taken to analyze the tests, when it usually takes about 10 days, but in communicating this date Valíeva has not had the right to organize a defense of your case “. The AMA, which has issued a statement expressing disappointment with the TAS decision, has accused the Russians of failing to tell Swedish laboratories that such tests were “priority”, and calls on the Russian Anti-Doping Agency to put an investigation is underway into how the 15-year-old’s coaches have acted.

The Russian Anti-Doping Agency, having the power to sanction the young woman, as the positive occurred in a competition in Russia, suspended “with immediate effect” Valeva on Wednesday 9, but the skater filed an appeal against the sanction and on Thursday 10th he was already back in training. While the Kremlin defended Valíeva by speaking of a “misunderstanding”, both the IOC and the AMA demanded that the young woman be sanctioned and filed an appeal with the TAS. The TAS has now decided that the Russian can continue to compete in China, in a case that has been going on for a few months between meetings, courts and debates on ethics and sport. Valeva could be sentenced to a maximum of two years once the case is closed after the Games, but the procedure could take months, as the tests will have to be repeated and all parties will have to wait. In fact, the case may return to the TAS once it passes the AMA.

Valíeva is the jewel in the crown of a new batch of skaters trained by the always controversial Eteri Tuberidze, who creates champions before the age of 18 with very hard methods, although few of these athletes can continue to compete at the same level afterwards. Tuberidze defended Valíeva’s innocence and said she only took one medicine. The young Russian will return to skating this Tuesday in the preliminary phase of the individual tournament. The top 24 skaters qualify for Wednesday’s final. And the IOC has already asked for an exception if Valíeva qualifies for the final and allows the 25th-placed to also take part.