Rauste needs a deadline for the rules, after which the results of innocent athletes can no longer be changed.
Kaisa Mäkäräinen allowed to hold their overall victory in the World Biathlon Cup for the period 2013-2014. For Mäkäräinen, however, the situation will change so that he will eventually share the title with the Norwegian Tora Bergerin with.
This is what one of Finland’s leading sports law experts believes Olli Rauste.
“I think reasonableness is used here and the profit is shared between Kaisa and Berger,” Rauste estimates on Saturday.
On Friday was reported, that Mäkäräinen is losing that overall victory because of Russia Olga Zaitsevan the results for that period will also be annulled due to doping misunderstandings more broadly related to Russian biathletes.
As a result, Berger would rise past Mäkäräinen in the overall cup with points 868–863, as the Norwegian gets more extra points than Mäkäräinen for removing Zaitseva from the result lists.
On the IBU website of the International Biathlon Association Berger has already been raised as the winner, although the IBU board is due to make a final decision at its next meeting.
Rauste points out that if Berger rises past Mäkäräinen, the IBU itself will act in accordance with the rules.
IBU: n Director of Sports and Competition Felix Bitterling regretted the situation on Friday Ylelle.
“We don’t feel good about taking a crystal ball from Kaisa after such a long time. We’ll find out if Kaisan needs to return his own so it can be given to Torah, or if we give Torah a new one and they’re both declared winners, ”Bitterling told Yle.
Rauste states that the statement shows that the IBU does not think it is reasonable for Mäkäräinen to lose its profits.
“I think this will mean that these statute of limitations for changing results will be added to the rules.”
Rauste welcomes the fact that doping samples will be frozen so that they can be re – analyzed at a later stage once more accurate analytical methods have been developed.
“It gives testers a significant advantage in the fight against doping that a substance may appear in a repeat test ten years from now, even if it doesn’t show up now.”
Because of this, doping penalties can be imposed with a delay of up to more than ten years.
“That’s quite right, but if the downside is that after ten years, the World Cup total points will be recalculated, then a solution should be found. The authors of the rules have not been so smart as to realize that there is a deadline for changing the results. ”
Rauste believes such a deadline should be included in the rules.
“If, after ten years, an athlete is removed from the leaderboards and the score should be recalculated, there would be a deadline, such as a year or two, after which it can no longer be done,” Rauste said.
Rauste emphasizes that the results of an athlete who has committed a doping violation must, of course, be annulled even after the deadline.
“But the results of other, innocent athletes will no longer be changed retroactively. Or, if changed, the rule could be written in such a way that no one can be deprived of the achievement they have received according to the original results after the deadline. ”
Rausteen such a rule would allow even a “double trophy”, as has been suggested in the present case.
“Taking away a win from an athlete who has imagined for eight years to be the winner of the overall World Cup is at least against my notion of fairness,” Rauste said.
If the rules were interpreted strictly, Mäkäräinen could also lose the prize money related to winning the overall cup.
“There are statute of limitations in all such monetary matters. In Finland, the general limitation period is three years for cash receivables, ”Rauste said.
Rauste pointed out that Finnish athletes have previously benefited from similar ex – post doping solutions.
He refers to the javelin thrower Antti Ruuskanen and a hammer thrower Olli-Pekka Karjalainen cases.
Ruuskanen’s bronze medal, originally won at the London Olympics in 2012, was later brightened to silver due to a competitor’s doping cart.
Karjalainen was initially a silver medalist at the European Championships in 2006 but later became a champion.
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