October 6th, after the disposition of the American athlete LaShawn Merritt's case the Court of Arbitration for Sport (CAS) declared invalid and unenforceable the 45th rule of the International Olympic Committee, which banned the sportsmen, disqualified for more than 6 months from participation in the next Olympic Games.
The CAS arbiters decided that the considered disciplinary sanction does not correspond to the 23.2.2 article of the WADA Codecs (WADC). According to this article all parties, that signed the document, may not issue the decrees, which change the WADC's decrees regarding the terms of qualification. The 45th rule was increasing the disqualification term after the disqualification period itself.
After the cancelation of the 45th rule the Russian biathletes Dmitry Yaroshenko and Ekaterina Iourieva may participate in the Olympic Games 2014 in Sochi. There are no more bureaucratic barriers. The sportsmen should only prove their capabilities at the training and competitions.
«All this time, while the case was under consideration, we kept in touch with the Olympic committee of the USA. We have said it many times — the 45th rules punished the sportsmen two times for the same misconduct and worked on the options of the defenses of our sportsmen from the second punishment,» explains a head of the RBU Media-Office Maria Baydina. «In fact it was an international action. During the document-gathering process in summer the Olympic committee of the USA applied to the national Olympic committees and organizations and requested the experts' opinions. By that time this issue had been partly processed by the RBU. Our lawyers gave all required documents to the American colleagues. The USA's Olympic committee thanked the RBU for the experts' report and used it in the case. At the expense of the huge probative base the Americans won the case in CAS. The 45th rule does no longer exist. This means, that Ekaterina Iourieva and Dmitry Yaroshenko have the full right to participate in the selection to the national team.»
«I have heard the news from the CEO of the RBU Sergey Kushenko,» says Dmitry Yaroshenko. «I am really thankful to the RBU's president Mikhail Prokhorov for that help we received. Somewhere deep inside I have always believed that we would get the positive decision. But I tried to restrain myself from the illusions. We have already had the negative experience with the courts. Thanks God, everything worked out well! Will I add to my training pace? No. I want to train according to my plan. I will do my work. I have my tasks and I plan to work on their realization. Thanks to everyone! Now I need to train!»