CAS Rules In Valverde’s Favor

Alejandro Valverde got some very good news yesterday from the Court of Arbitration for Sport. If Valverde wishes to race at the world championships in Stuttgart, Germany on Sunday, he can do so, according to a ruling handed down on Wednesday by an arbitrator at the CAS’ headquarters in Lausanne, Switzerland. The ruling comes as a defeat to efforts by the UCI to ban Valverde and other riders implicated, but not charged with doping offenses, in relation to the Operacion Puerto investigation.

According to CyclingNews.com, while the CAS has not yet issued a full decision, a press release commenting on the decision was issued Wednesday evening.

“The parties and their representatives were heard today during a hearing at the CAS Court Office in Lausanne, Switzerland,” stated the communiqué. “The CAS panel was composed of a sole arbitrator, Mr Quentin Byrne-Sutton from Switzerland.”

“The Sole Arbitrator considered that a ban imposed on a cyclist, not yet recognised as guilty of doping, from participating in the World Championships constituted a form of advance sanction. The Sole Arbitrator noted that the provisions of the UCI Rules, upon which the UCI relied in handing down the ban, could be open to several interpretations, and that, notably due to the lack of cooperation with the Spanish judicial and sports authorities, the UCI was prevented from implementing the type of procedure which would allow it to pronounce such a severe sanction whilst maintaining in an adequate manner the rights of the cyclist.”

In other words, the arbitrator determined that the UCI could not ban riders who are merely suspected of doping from competition. In order to ban a rider, he or she must be proven to have doped. Two other riders, Allan Davis of Australia and Rene Andrle of the Czech Republic, who were also suspected of involvement in Operacion Puerto will be allowed to race for “reasons of equity” according to cycling’s governing body.

Pat McQuaid, the president of the UCI, was almost statesman-like in discussing the CAS’ ruling, while making it clear that he doesn’t take this decision as an exoneration of the Spanish cyclist.

“The UCI lost today the case with Valverde, the case against the Spanish federation,” explained President Pat McQuaid to a packed conference room in the Stuttgart world championship media centre. “As you all know, the UCI had agreed to go to CAS and we now accept their decision. The Court of Arbitration for Sport makes sports-related decisions and we accept it as a sports-related decision. It doesn’t to our mind indicate that he has been cleared or that he is not implicated in Puerto or anything like that; it just means that they don’t feel that the elements are there to prevent us from allowing him to start on Sunday. So Alejandro Valverde will take the start on Sunday.”

McQuaid went on to say:

“It is not good news. I am disappointed but I wouldn’t call it a bad blow. It just allows him to take part in these championships. We would really need to know exactly on what grounds the arbitrator made the decision to understand the reasoning of it.

“But we are in sport, and it is a sporting decision. We took the decision to go to CAS, in fairness to the Spanish federation and Valverde. In relation to the authorities here, there is a lot of pressure on, obviously. I think the authorities here also have to accept the same. The Court of Arbitration for Sport has made the decision, and we have to accept that and allow him take part and hopefully take part in a proper sporting, peaceful way.”

In time, the arbitrator will likely publish a written decision that may clarify some of the issues for McQuaid and for the rest of us. In the meantime, Valverde is happy with the outcome. According to a different article on CyclingNews.com, Valverde told a news conference yesterday:

“Honestly, due to the circumstances of the last few days, I am somewhat affected and off-center. But I want to do as well as possible and am thankful for the support given by my national team-mates and by the national selector, Paco Antequera, who never doubted on my presence.”

Valverde also told the news conference:

“I think that the cycling must make a move to avoid having others go through what I have lived. The cyclists are being used in a war of interests between organizations. It is the time to defend those who love cycling. It is necessary to do it in a non-discriminatory way.”

Indeed, it is time that those who reign over professional cycling make changes to ensure that cyclists are not being punished before being found guilty of a doping offense. And it is time to stop using cyclists as pawns in a bigger struggle for power and control over the sport.

Quentin Byrne-Sutton, the arbitrator who decided the case, ruled that athletes cannot be punished before a guilty finding has been made. Let’s hope future decisions from the CAS take into account Byrne-Sutton’s ruling and turn it into a precedent.

Fairness and common sense require that no person be punished before it’s been proven that they’ve broken the rules. Mere suspicion cannot be a basis for punishment, because it’s all to easy to start rumors implicating someone in wrong-doing. Especially so in the age of the Internet, where such rumor and innuendo can be published for all to see.

The Valverde ruling was the right decision, and it turns back (if only momentarily) the rushing tide of paranoia that’s sweeping over cycling and the entire sports world. For the moment, the pendulum has started to swing back towards the center. But now is not the time to back off. Now is the time for cyclists to remain firm in standing up for their rights. By doing so, they will stand up not only for fair treatment of themselves, but also for fair treatment of future athletes who get caught up in the anti-doping system.