SSI refrains from appealing the decision in the Mathias Flückiger case

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Kategorie:
Law

The Disciplinary Chamber of Swiss Sport communicated the reasons for its decision in the Mathias Flückiger case on 15 July 2024. After an in-depth analysis and balancing of interests, SSI has decided not to refer the judgment to the Court of Arbitration for Sport (CAS).

In its decision of 24 May 2024, the Disciplinary Chamber of Swiss Sport (DC) declared Mathias Flückiger's doping sample from 5 June 2022 and the analysis result to be non-exploitable. On 15 July 2024, it sent out the written reasons for its decision. In its reasoning, the DC explained why it considered the sample to be non-exploitable. The main argument was that the documentation of the chain of custody of the sample was incomplete, which was considered a gross procedural irregularity that led to the sample not being exploitable.

Swiss Sport Integrity has analyzed the reasoning in detail. SSI remains firmly of the opinion that the sample can be exploited in accordance with the rules of the World Anti-Doping Program and the case law of the Court of Arbitration for Sport CAS. However, having balanced the interests involved and in view of the fact that the question of the exploitability of the urine sample is only a limited part of the overall proceedings, SSI has decided to refrain from appealing the decision of the DC to CAS. This decision was based, among other things, on the already very long duration of the proceedings, an assessment of the litigation risks and the high expected costs of such complex and lengthy CAS proceedings. Swiss Sport Integrity is of the opinion that the integrity of sport is not impaired by this decision.

The decision of the Disciplinary Chamber has not yet become final and binding and can still be appealed by the World Anti-Doping Agency (WADA) and the Union Cycliste Internationale (UCI) due to their different appeal deadlines.