Re: Re:
That I agree and that was the reason of CAS first decicion to free up the athletes from doping charges. However IOC still banned those athletes from Olympics using their organizer right. That second decision was again appealed to CAS by Russians which decided IOC has the right, as the organizer of the competition, to decide who gets to compete in their games and who not. So athletes who were freed-up by CAS from doping charges due to lack of physical evidence were still not allowed to compete.
I'm not arguing the doping charges being different in these cases, I'm just saying there is CAS precedent that organizer of the competition has the right to decide who gets to compete and who not.
thehog said:bambino said:yaco said:bambino said:yaco said:Froome will run to CAS as soon as any race organiser stops him starting a race - And he will probably win the case - The only possible way Froome could be banned by the organisers is if they can't guarantee his safety, which is some chance in the TDF.
CAS actually made interesting precedent for the Olympics in case of Russians. IOC has a rule they can decline athletes from Olympics. CAS couldn't go around that although earlier they ruled no doping violation for same athletes.
I doubt CAS would be able to legally rule against race organizers if they ban Froome.
You are comparing apples with oranges - The IOC banned the group of Russian athletes who then appealed to CAS who upheld the Russian athletes decision - CAS effectively stated you couldn't lump every athlete together because each had individual cases, so effectively stated the athletes couldn't be sanctioned on the basis of doping - The IOC then decided to appeal which then sent it back to a CAS but more importantly framed their appeal on the basis of eligibility - Now the difference with the potential Froome situation is it would be race organisers who seek to ban Froome and not the UCI.
Ehh... no. IOC was "dissapointed" of the decision of CAS which reversed IOC's decision to ban the athletes for life (and take off their medals) from Olympics due to being part of state led doping. IOC hasn't appeald that decision (yet) as far as I know, because the only place to do that is Swiss Court, not CAS anymore. However IOC informed the Russian atheletes in the list are not welcome to Korea and they have right to decline their participation as the organizers of the competition.
The declined atheletes appeald IOC's decision of not allowing them to compete to CAS emergency tribunal within Korea games, which decided IOC has legal ground to decide who gets to compete and who not.
UCI/race organizer vs. IOC does not really matter, IOC is organizer of Olympic games as much as i.e. ASO is organizer of Tour de France.
The point being the lack of physical evidence for the Russians as individuals to sanction them. In Froome’s case he has a postive urine test.
That I agree and that was the reason of CAS first decicion to free up the athletes from doping charges. However IOC still banned those athletes from Olympics using their organizer right. That second decision was again appealed to CAS by Russians which decided IOC has the right, as the organizer of the competition, to decide who gets to compete in their games and who not. So athletes who were freed-up by CAS from doping charges due to lack of physical evidence were still not allowed to compete.
I'm not arguing the doping charges being different in these cases, I'm just saying there is CAS precedent that organizer of the competition has the right to decide who gets to compete and who not.