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Jonathan White

Chinese superstar Sun Yang was banned for eight years by the Court of Arbitration for Sport (CAS) last week and while we all know how the swimmer ended up facing the end of his career, the question for many is what happens next?
The 28-year-old, who was among the medal favourites for the Olympic Games in Tokyo this summer, has the right to appeal and he has said that he will take that course, immediately telling China’s state news agency Xinhua that on the announcement of the verdict.
“I have entrusted a lawyer to appeal to the Swiss Federal Supreme Court in accordance with the law. I will let more people know the truth,” he said. “I firmly believe in my innocence! Believe that facts must overcome lies!
“I will fight to the end to defend my legitimate rights and interests.” To do that Sun’s lawyers need to appeal to the Swiss Federal Tribunal (SFT), the country’s supreme court.


Why can he file an appeal?
The CAS is based in Lausanne, Switzerland, and as such its rulings can be overturned by the SFT. Sun’s case is no different.
How long does Sun have to file any appeal?
“Sun Yang will appeal to the Swiss Federal Supreme Court within 30 days of a series of procedural errors in the trial of the International Sports Arbitration Court (CAS) during the trial of this case,” said Sun’s lawyer, Zhang Qihuai of the Beijing Lanpeng Law Firm, in a statement on February 29.
‘I am the king’: doping ban ends swimming career defined by taunts, tantrums
Is there a precedent for appealing a CAS verdict with the Swiss Federal Tribunal?
Sun’s lawyer, Luo Xiaoshuang, who was on the bench at the CAS trial, seems to think so, as he told the Beijing Daily: “We have a precedent for Chinese judo athletes’ successful appeal and reversal, which may make Sun Yang a case. Be that 7 per cent.”
However, the appeal from the judokas never went to the SFT. It was CAS that annulled Wen Tong’s doping ban from the 2009 world championships in Rotterdam, where she tested positive for clenbuterol after winning gold.
The International Judo Federation banned her for two years and tested a B sample, which also came back positive. Wen had the decision overturned by CAS as she was not informed so she could not be present at the B sample testing, thereby the IJF violated their own doping rules.

Has anyone been successful in overturning a CAS verdict at the SFT?
Yes, there have been several successful cases since 2012 (CAS was founded in 1984). However, the only one that was reversed for anything other than procedural issues was the case of Brazilian footballer Matuzalem. The player had been banned by Fifa after a move from Ukrainian side Shakhtar Donetsk to Spain’s Real Zaragoza. The SFT overturned the CAS decision to uphold the ban.
Sun will have to appeal based on procedural issues such as the translation.
What might stop this appeal going forward?
The SFT has rejected reviews of CAS cases for reasons such as “no newly discovered facts or significant new evidence” and “no legal interest”. It is on Sun’s lawyers to compel the SFT into a review.

What evidence might Sun’s team present?
Sun posted evidence on his Weibo after the verdict that purported to be from the “construction worker” who assisted at the doping test at Sun’s compound. The handwritten accounts on Sun’s Weibo differ as to whether the man offered to give evidence to the CAS hearing.
Similarly, there are mixed accounts from Sun’s lawyers and his mother over who was responsible for the translation at the original hearing, which held up the decision.
Sun has also maintained that he has video that proves his version of events – which CAS said it would take into account – but the ruling from CAS was centred on the samples being wilfully damaged and not the problem with the credentials of the doping team that night.
Horton school denies Sun Yang feud behind pool-naming snub
Has Sun previously appealed to the SFT?
Yes, his team filed three motions where they appealed to get the CAS hearing thrown out. These related to the eligibility of the World Anti-Doping Agency’s lawyer, Richard Young, formerly of Fina, and perceived missed deadlines. All three requests were dismissed.
What if Sun loses his appeal?
There is nowhere else to go. If he loses then he can only swim again on February 27, 2028, as per the CAS ruling: “Sun Yang is sanctioned with an 8 (eight) year period of ineligibility, commencing on the date of the present arbitral award.”
Sun will be 36 by then so his career is essentially finished.
Some reports have suggested that Sun would be able to appeal to the European Court of Human Rights but this is unconfirmed. Even if it were true the process is arduous and would take several years.


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Sun Yang CAS doping ban – what happens next with China’s star swimmer’s appeal?

Sun Yang is fully focused before the final of the men’s 200m freestyle at the 2019 world championships in South Korea. Photo: AFP

(FILES) In this file photo taken on November 15, 2019 China's swimming star Sun Yang, accused of smashing a blood vial with a hammer, is seen on a TV screen during a public hearing before the Court of Arbitration for Sport (CAS) in Montreux. - Chinese Olympic swimming champion Sun Yang will learn on February 28, 2020 whether he faces a possible eight-year ban for missing a drug test, the Court of Arbitration for Sport (CAS) said. (Photo by jean-guy PYTHON / AFP)

epa08254845 (FILE) - Chinese swimming star Sun Yang (2-L), reacts, as he arrives for the Court of Arbitration for Sport, (CAS) public hearing, in Montreux, Switzerland, 15 November 2019 (issued 28 February 2020). China's multiple Olympic swimming champion Sun Yang, 28, has been banned from competing for eight years for breaking anti-doping rules, the Court of Arbitration for Sport (CAS) announced on 28 February 2020 in Lausanne, Switzerland. EPA-EFE/JEAN-CHRISTOPHE BOTT *** Local Caption *** 55634140

Sun Yang’s doping ban ends swimming career defined by tears, taunts and tantrums

Sun Yang holds his national flag after winning the 2012 Olympic gold medal in the men’s 1500-metre freestyle in London. Photo: AP

epa08254833 (FILE) - China's Sun Yang reacts after Brazil's Joao de Lucca declined to take his hand as he came out of the water after completing a 4X200m freestyle relay heat at the 2019 FINA Championships at Nambu University Municipal Aquatics Center in Gwangju, 26 July 2019 (issued 28 February 2020). China's multiple Olympic swimming champion Sun Yang, 28, has been banned from competing for eight years, the Court of Arbitration for Sport (CAS) announced on 28 February 2020 in Lausanne, Switzerland. EPA-EFE/YONHAP SOUTH KOREA OUT *** Local Caption *** 55362894

(191116) -- MONTREUX, Nov. 16, 2019 (Xinhua) -- Chinese three-time Olympic swimming champion Sun Yang (2nd L) and his lawyers attend a public hearing in the Court of Arbitration for Sport (CAS) in Montreux, Switzerland, on Nov. 15, 2019, as the World Anti-Doping Agency (WADA) appealed against Sun Yang and FINA over FINA's previous decision in favor of Sun on his alleged anti-doping rule violations. (Photo by Alain Grosclaude/Xinhua)

Sun Yang will ‘definitely’ appeal eight-year CAS ban as social media rages

Sun Yang winning the men’s 400m freestyle final at the 2019 Fina World Championships in Gwangju, South Korea. Photo: Xinhua

Olympic swimmer Sun Yang banned for eight years after CAS finds star guilty of doping offences

China’s Sun Yang has been banned for eight years. Photo: AFP

Wada vs Sun Yang and Fina CAS doping verdict ‘expected within days’

Chinese swimmer Sun Yang poses after his public hearing at the Court of Arbitration for Sport in November 2019. Photo: Reuters

FILE - In this Sunday, July 21, 2019 file photo, China's Sun Yang, centre, holds up his gold medal as silver medalist Australia's Mack Horton, left, stands away from the podium with bronze medalist Italy's Gabriele Detti at right, after the men's 400m freestyle final at the World Swimming Championships in Gwangju, South Korea. One of China's biggest Olympic stars will undergo a rare public trial of a doping case on Friday, Nov. 15, 2019 with his 2020 Tokyo Games place at stake. Three-time gold medalist swimmer Sun Yang is facing a World Anti-Doping Agency appeal in Switzerland that seeks to ban him for up eight years. (AP Photo/Mark Schiefelbein, File)

FILED - 23 July 2019, South Korea, Gwangju: Chinese swimmer Sun Yang holds his golden medal after wining the 200m freestyle, men during the Swimming world championship. A public hearing began Friday at the Court of Arbitration for Sport (CAS) over a contested anti-doping test on China swimming star Sun Yang. Photo: Bernd Thissen/dpa

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