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The IOC decision - (just) my reflections and opinion ...

Some people aren't really thinking clearly about the IOC decision to delegate decision making to the governing bodies.  Some track and field athletes in particular have made outspoken statements against the Russians and the IOC supporting a blanket ban and saying that the IOC has fudged matters.  I can  understand why people who have been disadvantaged by doping cheats in the past may react this way, but they aren't being wholly fair and seeing the complete picture.  This is not a single factor argument, it involves a complex judgement and there is no unique answer.  The IOC had to deliver justice, not revenge, and they were put in an impossible situation by WADA, who bungled their investigations and left things too late.  Yes, Russia should pay, and the national sanctions imposed are strong and clearly targeted.  But how to deliver quality justice to all the individual athletes, clean and otherwise?  This should have been WADA's focus.

There are enormous problems with the idea of a blanket ban.  In what other context of justice would you presume guilt rather than innocence?  Expect innocent individuals to take the same punishment as those who are deliberately culpable?  Even war criminals are given a fair trial - and they stand in the dock as individuals.  

WADA has taken too little time to gather and analyse the Rodchenkov evidence, and to judge the outcome.  The quality of the evidence is questionable - anecdotal, over reliant on one source, a lack of triangulating evidence from multiple sources.  A lack of criticality in interrogating Rodchenkov's claims.  WADA needed to understand the limitations of their data, to verify their findings and to define the scope of their work more clearly.  They also needed to take a more thorough approach to accessing and analysing the data in the hands of the sports' governing bodies.  Some of the report was sloppily completed - for example the use of the term 'all sports' when there are ten of the Olympic sports that are not even mentioned.

Track and field athletics has huge problems - and not just in Russia.  There are approximately 320 athletes currently serving sanctions for drug abuse, from many different countries.  Of course the IAAF was forced to take drastic action - their sport is, sadly, corrupt.  However, I would add the caveat, have other countries been subjected to the same scrutiny as Russia?  There has been a witch hunt against Russia.  Is the quality of justice truly equal across all countries?  Blanket justice has only weakened the IOC, IAAF and WADA - because there is no longer a level playing field between Russian athletes and the rest of the world.  WADA can only do its job on the level of the individual athlete.

Is it possible, given the limitations of the evidence, to make judgements across all sports disciplines that are fair to the individuals involved?  And - there's the rub - if the investigation's conclusions are correct, and the Russian doping labs are all corrupt, how can Russia prove the innocence of its clean athletes?  This is the strongest card the advocates of a full ban have to play.  But, fortunately for the ten sports that are not mentioned in the McLaren report, there are other sources of data besides those nationally collected.  This is why the IOC has had to turn to the sports' governing bodies - only they can answer the question of whether an individual athlete is clean or not, by scrutiny of their internationally collected doping records.

What most sources are failing to point out is that this situation questions the competence of WADA.  Isn't it their job to draw judgements on individual athlete cases?  Isn't collecting data on the athletes, and monitoring standards of scrutiny around the world, what they should have been doing all along?  Why has it taken them until now, precisely the most disruptive moment they could have chosen, to investigate and publish their findings?  Does the report comment on lessons learned, and identify best practice that can be adopted in other cases?  Why did they have to wait for a whistleblower to come forward before they questioned the Russian system?  And what implications does this have for the standard of their work in other territories?

In the end, WADA messed this up, and may well have let cheating athletes off the hook.  They left the playing field way too open, and asked the IOC to do too much in too short a period of time.  All that the IOC could fairly and practically do with such short notice was to fudge and to delegate the decision to the governing bodies, who are the ones with the evidence that WADA should have been interrogating and analysing all along.  Russia must bear responsibility for its corrupt and ineffective anti-doping standards, but the buck should stop with WADA and clean athletes should not have to suffer.

There must be further work done before the next Olympics to improve the quality of data collected by WADA, the process, principles and ethics of their systems and the fairness and effectiveness of their work.  Russia must also take responsibility and clean up its act totally.  The rest of the world should also stand up and assist WADA and the IOC.

Just my opinion.

Comments

  1. I would only like to remind you of this from the report.

    "There were other witnesses who came forward on a confidential basis. They
    were important to the work of the IP investigation in that they provided highly
    credible cross-corroboration of evidence both viva voce and documentary that the
    IP had already secured. I have promised not to name these individuals, however
    I do want to thank them for their assistance, courage and fortitude in coming
    forward and sharing information and documents with the IP." and this "I also received, unsolicited, an extensive narrative with attachments from one important government representative described in this Report."

    Now let's say one of these unnamed witnesses was another athlete and they came forward to give testimony and evidence but did not want to be a pariah like Stepenova has become so they asked to be kept confidential. If the IP mentioned in the report specifics of this athletes evidence it could very easily implicate them, so the IP cannot mention their name or what evidence they provided. I agree the report looks to be favored on one individual but the report mentions these other whistleblowers and we should not overlook them just because we are in the dark as to how much they knew and revealed to the IP.

    Also do not forget the other report from IAAF from Nov 2015 specifically on track and field and the lab testing at Moscow site and the removal of its accreditation. I have been looking for that report to read in its entirety, but so far nothing, though I have been busy lately.

    I do believe there is a stat-run system in Russia, but that not all sports nor all athletes were affected. I am glad the Russian gymnasts will be allowed to compete, but there is still a big mess in Russia that will need to be resolved as currently no future events will be held in Russia until it is resolved.

    Todd

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    Replies
    1. Do you not see a problem with him refusing to reveal his other secret sources? Ordinarily in a fair criminal investigation one has the right to face their accusers, to question their testimony, etc. That has yet to happen and it looks like it's not going to.

      I don't disagree with most of your other points.

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    2. I do see the problem and of course Rodchenkov is in hiding and am I right in thinking that two high ranking officials linked to this case have gone missing? The extra data that could have been used to triangulate the findings are the tests held by the governing bodies. This isn't all, but it would be one way of improving the depth of the data analysis.
      I also think that the case could have been more effective and credible if McLaren had identified its limits more clearly and not tried to link it with 'all sports'. Plainly there was nothing to substantiate this claim. The McLaren report failed because it tried to do too much. Blanket banning all Rusdianbtrack and field succeeded because there was enough evidence rigorously treated to be believable.

      But I do still support Toni Menichello's idea that all justice should be individual, and that they need to act quickly on positive tests.

      Delete
    3. I do not think the right to face accuser is at play here. Let me give an example. Let us pretend I am a Russian athlete whose name is on the list provided to WADA by Rodchenkov.

      Now for the unnamed sources. Let us pretend one of them works at the lab and can confirm how the samples were swapped. Another person is an athlete and can confirm the ingredients in the mixture they drank. Another person is a government employee and can provide documentation that supports the state run aspect of issue. Another person demonstrates how they opened the sealed vial without breaking the seal since they helped do it.

      None of these unnamed witnesses are directly implicating me. A judge would likely protect their identify from all but the prosecuting and depending lawyers, who would be disbarred and imprisoned if they revealed anything.

      This is likely a very messy and convoluted problem in Russia. The investigation is actually continuing so we may get more info, but likely we will never see the confidential names or data. A court might though.

      Todd

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    4. Oh, I don't think WE are entitled to see that evidence, but I'm really not sure the Russian side has been allowed to see any of it either - and if you're going to use all that evidence/testimony to build a case against them, especially with the charges that it was "state-run", then it's a huge problem to me if they're not allowed to view any of it and respond to it. Again, if this was a criminal trial, the defense would be allowed to cross-examine witnesses (or witness testimony), experts called by the prosecution, etc. Has that actually happened here, or did certain parties skip that step and jump directly to sentencing, in a rush to ban the entire country before Rio? Because to me, it looks a lot more like the latter.

      I think the majority of what's stated in the report is true, even if some of the details are shoddy (there are already cases emerging where some of the supposed "missing positives" weren't actually covered up). And I think those responsible should absolutely be punished for it - not allowing Russia to host anything for the next four years would be a good start, but it shouldn't be the only step. If it's legally feasible, I wouldn't reaccredit their testing agency until Mutko and others whose role can be proven are gone. There's probably other steps I'm not thinking of.

      But I guess my point is even though I think they should be punished, I find so many things about the way this case was handled disturbing, and I don't just mean the doping which is obviously very disturbing in and of itself. It bothers me that the IOC decided to side with WADA and throw entire sports that have yet to be actually implicated via evidence in with the rest, because McLaren said he didn't have enough time and maybe there's some evidence he hasn't seen yet that would implicate them. Sorry WADA, but if he didn't have enough time to find it, that's on you and you should have pursued one of the many opportunities you had to investigate things sooner. And I don't have much sympathy for dopers, but the IOC ruling that no Russian athlete with a prior doping sanction can go is also questionable for a few reasons (double jeopardy, double standards) and to me comes across as an attempt to throw some heads to the mob.

      It's far from over, but for now I'm relieved that mob hysteria (which started behind the scenes from the US and Canadian ADAs before the report was even officially released) didn't pressure the IOC into setting a terrible precedent.

      Sorry for the essay, my thoughts kind of snowballed. I completely agree that it's a messy and convoluted problem.

      Delete
  2. It's a state-sponsored doping program, so a blanket ban is justice, doping athletes have been profited very much.

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  3. Wada is corrupted,there is a french investigation about this... maybe in english countrys the media reports different things.Schwazer it s an example of their corruption, the antidoping system need to be reset. If it was a serious organisation the 80% of athletic, 100% of weightlifting and some gymnastics team should be banned forever... and there are other sports where doping is largely used. People don t know anything about doping, they think only ( or close to "only" ) about testosterone that it s simple to detect in Blood, but the number of doping substance and various effects is immense.

    Leon

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    Replies
    1. Leon, I'm very interested in this. Could you possibly link to some of the sources about this? I do speak French. I am especially intrigued by your statement 'some gymnastics team should be banned forever' ... what is it that they are using, and why haven't they been caught, then? Sources please!

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  4. Agree with you Queen,
    IAAF, WADA and the blanket ban supporters failed to differentiate between collective responsibility and individual responsibility because their political leanings, and let me assume for a second that the same thing happened to US, would they acted the same way?
    and I can assure you that Russian athletes will head to a civil courts because sports for them is not just a hobby but it's a living and that will be a blow to the governing sports bodies and will take sports to an unpleasant era.
    John

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  5. http://en.europeonline-magazine.eu/news-featureioc-decision-on-russia-brings-back-memories-of-osaka-ruleby-john-bagratuni-dpa_472394.html

    According the report above that even IOC ban on the Russian athletes with a doping sanction in the past is illegal, because it's against CAS ruling in 2011 which nullified 'Osaka Rule"
    and I have two notice:
    First, that USOC appealed before CAS not the athletes themselves, really? and what about clean sports and all that mantra they are playing now? in my opinion it was a good rule and it would have saved the IOC now.
    Second, IOC has no problem to allow previous doped athletes who served their doping sanction period from all the countries to participate except for Russia... Fair enough!
    John

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  6. John,

    I agree. That previous ruling would seem to negate any athlete that is removed from Rio based on previous doping sanctions or bans. The only thing that may favor the IOC in this is the large amount of evidence that supports a state-run doping problem. The IOC has stated the presumption of innocence in the case of Russian athletes has been reversed because of this. This is why each sporting federation is being asked to certify clean athletes, rather than provide evidence of guilty athletes.

    In a court (even the CAS), if the judge agrees that the presumption of innocence is reversed, then prohibiting previously banned athletes could be acceptable.

    We will have to wait and see.

    Todd

    ReplyDelete
  7. http://sputniknews.com/sport/20160726/1043632410/russian-athletes-rio-olympics.html

    ReplyDelete

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